Carr v. Gordon

• Decision Date: 15 September 1897
• Citation: 82 F. 373
• Parties: CARR v. GORDON et al.
• Court: U.S. District Court — Northern District of Illinois

82 F. 373

CARR v. GORDON et al.

United States Circuit Court, N.D. Illinois.

September 15, 1897

The complainant filed his bill against the defendant Charles U Gordon, as postmaster of the city of Chicago, and John M Hubbard, as assistant postmaster, and charges: That in the year 1893 he was appointed postmaster at Englewood, a post office then existing in the county of Cook, state of Illinois. That he duly served as such postmaster until July 1, 1894, when, by order of the postmaster general, that office was discontinued, and became a part of the post office of the city of Chicago, and was then designated as 'Station O' of the Chicago city post office. That thereupon he was by the then postmaster of the city of Chicago appointed superintendent of Station O, and duly qualified, and has since continued, and now continues, in that position, and to fulfill its duties. That such office is one subject to competitive examination, and governed and controlled by the civil service act of the United States approved January 16, 1883 (22 Stat. c. 27, p. 403). That September 3, 1897, the defendant Gordon addressed to him the following letter :

'Post Office, Chicago, Ills., Executive Division, September 3 1897.

'C W. Carr, Esq., Superintendent Station O, Chicago, Ills.-- Dear Sir: It has been decided to transfer Superintendent Vreeland to Station O, to fill the place now occupied by you, on and after September 6, 1897. Auditor Matter has been instructed to make the necessary transfer of the books, Monday, the 5th. On completion of this, you will report for duty to the superintendent of the city division.

'Yours, truly,

Charles U. Gordon, Postmaster.'

-- That, calling upon the superintendent of the city division as directed, he was informed by him that he was assigned for duty to some position in the department in the main post office under the city delivery, stating nothing with respect to salary; and it is charged that there is no position in such main post office under the city delivery where the salary is as much as $2,000 per annum, the amount of salary connected with the position of superintendent at Station O. That no written charges of complaint have been made or filed with the head of the department. That he had no notice of any intention to remove him, and had no opportunity to make defense to any charges which may have been preferred against him; and he alleges the intention and design of the postmaster to be to remove him from his position as superintendent of Station O, and to reduce him in rank, without an opportunity to make defense. This action he alleges to be in violation of the civil service act, and rules promulgated by the president of the United States in pursuance thereof. The answer does not contest the facts charged, but asserts that the position of superintendent at Station O is not within the classified civil service of the United States in that no competitive examination is required to fill it, other than such examination as is required for entering the letter-carrier service of the postal department of the government. Upon the bill and answer an application is made to the court for its writ of injunction to restrain the removal of the complainant.

John T. McDonald and John W. Ela, for complainant.

John C. Black, U.S. Atty., for defendants.

JENKINS Circuit Judge (after stating the facts as above).

The importance of the question presented, and the far-reaching effect of the conclusion which may ultimately be reached with respect to it, require the careful statement of the provisions of law which hedge about and govern the civil service of the United States, so far as they may have bearing upon the particular question upon which the court is called to pass. In the consideration of the question the court is not at liberty to indulge in speculation concerning what ought to be. Its duty is limited to the determination of the law as it is. If the acts of congress are not sufficient to include such regulation of the public service as is desirable, the remedy must be applied by the legislative, and not by the judicial, department of the government.

As early as the year 1871, an effort was made to reform the civil service of the United States in order to promote its efficiency, and by act of March 3, 1871 (16 Stat.c.114, § 9 incorporated in the revision as section 1753), the president was authorized to prescribe regulations for the admission of persons into the civil service, and to ascertain the fitness of each candidate in respect to age, health, character, knowledge, and ability for the branch of service into which he sought admission, and authority was given to employ suitable persons to conduct such inquiries, to prescribe their duties, and to establish regulations for the conduct of persons who may receive appointment in the civil service. The reform thus originated was followed in the year 1883 by an act entitled 'An act to regulate and improve the civil service of the United States' (22 Stat.c.27, p.403), commonly called the 'Civil Service Act.' This act provides for the appointment by the president, with and by the advice and consent of the senate, of three persons as civil service commissioners, to constitute a United States civil service commission. It was made the duty of these commissioners to aid the president, as he may request, in preparing suitable rules to carry the act into effect; and when such rules have been promulgated it became the duty of all officers of the United States in the departments and offices to which such rules should apply to aid in all proper ways in carrying the rules, and any modification of them, into effect. The act further provides that such rules should provide and declare, as nearly as the conditions of good administration should warrant, among other things, for open competitive examinations for testing the fitness of applicants for the public service then classified or thereafter to be classified under the act, and which should test the relative capacity and fitness of the persons examined to discharge the duties of the service into which they sought appointment; and all the offices, places, and employments arranged or to be arranged in classes should be filled by selections according to grade from among those rated highest as the results of such competitive examinations; that there should be a period of probation before any absolute appointment or employment; that no person in the public service should, for that reason, be under any obligation to contribute to any political fund, or to render any political service, and that he should not be removed or otherwise prejudiced for refusing to do so; that no one in the service has any right to use his official authority or influence to coerce the political action of any person or body; that notice should be given by the appointing power to the commission of the persons selected for appointment or employment from among those examined, of the rejection of any such person under probation, of transfers, resignations, and removals, and of the date thereof; the record of all which should be kept by the commission. The commission was authorized to employ a chief examiner, whose duty it should be to act with the examining boards to secure accuracy, uniformity, and justice in all their proceedings. The act makes full provision for the punishment of any one in the public service who should willfully and corruptly, by himself or in co-operation with any other, defeat, deceive, or obstruct any person with respect to the right of examination according to the rules and regulations to be adopted, or who should willfully, corruptly, and falsely mark, grade, or estimate, or report upon the examination or proper standing of any one examined under the act, or who should willfully and corruptly make any false representations concerning the same, or who should willfully or corruptly furnish to any one any special or secret information for the purpose of either improving or hindering the prospects or chances of any one so examined or to be examined, being appointed, employed, or promoted. The act further provided, with respect to the department of the treasury and of the postal service, that the secretaries of those departments should make classifications and report the same to the president. After the expiration of six months from the passage of the act, no officer or clerk should be appointed or should be employed to enter or be promoted in either of the classes then existing, or that might be arranged under the act pursuant to the rule, until he had passed an examination, or was shown to be specially exempted therefrom. By section 13 of the act it was provided that no officer or employee of the United States mentioned in the act shall discharge, promote, or degrade, or in any manner change the official rank or position of any other officer or employee, or promise or threaten so to do, for giving, withholding, or neglecting to make any contribution in money or other valuable thing for any political purpose; and stringent provisions were made prohibiting any senator or...