State of Oklahoma v. UNITED STATES CIVIL SERV. COM'N, Civil Action No. 1279.

• Decision Date: 18 June 1945
• Docket Number: Civil Action No. 1279.
• Citation: 61 F. Supp. 355
• Parties: STATE OF OKLAHOMA v. UNITED STATES CIVIL SERVICE COMMISSION.
• Court: U.S. District Court — Northern District of Oklahoma

61 F. Supp. 355

STATE OF OKLAHOMA v. UNITED STATES CIVIL SERVICE COMMISSION.

Civil Action No. 1279.

District Court, N. D. Oklahoma.

June 18, 1945.

Randell S. Cobb, Atty. Gen., of Oklahoma, for the State of Oklahoma.

Whit Y. Mauzy, U. S. Atty., of Tulsa, Okl., and Lawrence V. Meloy and Charles P. Crawley, Civil Service Commission, both of Washington, D. C., for United States Civil Service Commission.

FRANKLIN E. KENNAMER, District Judge.

After the trial and argument and study of the briefs submitted as well as personal research, the Court makes and renders the following findings of fact and conclusions of law:

Findings of Fact

1. This is an action brought to review an order of the United States Civil Service Commission dated September 7, 1944, wherein the Commission, after a hearing, ordered the suspension from office of France Paris, a member of the Oklahoma Highway Commission, or in lieu thereof that certain federal funds be withheld from the State of Oklahoma upon its refusal to order such suspension. The basis for such order arises by virtue of 18 U.S.C.A. § 61, and succeeding sections, commonly known as the Hatch Act.

2. The proceedings for a review are admitted by the parties to be regular.

3. On or about January 14, 1943, France Paris was appointed by the Governor of the State of Oklahoma and he took the oath of office and assumed his duties as a member of the Oklahoma State Highway Commission. He has held and served in that office continuously since that time.

4. The Oklahoma Highway Commission receives support from and is benefited in part by funds received from an agency of the federal government and did at all times involved herein.

5. Prior to becoming a member of the State Highway Commission, France Paris had been elected chairman of the State Central Committee of the Democratic Party of Oklahoma, which position was held by him upon becoming a member of the Highway Commission and was held continuously by him until he resigned on October 18, 1943, as chairman of the Central Committee of the State Democratic Party.

6. Just before January 14, 1943, there had been a general election held in the State of Oklahoma and the elected officials had taken office by that time. The State Democratic Headquarters of the State Central Committee were closed on January 4, 1943, by France Paris, but were later reopened during the year under the direct charge of the vice-chairman of that committee. During the year 1943, there was no state nor national election which concerned the Democratic State Central Committee and it was therefore a quiescent period for political activity. The principal activity of that committee consisted of staging a "Victory Dinner" in the Skirvin Hotel at Oklahoma City, Oklahoma, on June 14, 1943. This dinner was designed to provide the National Democratic Committee and the State Democratic Committee with funds to discharge a deficit incurred by their political activities and to provide funds for contemplated future activities. It also promoted the sale of war bonds and did result in the sale of approximately $14,500,000 in war bonds. The dinner netted the Democratic party, which was conceded to be a political party, approximately $30,000. The dinner was staged under the general supervision of the Governor of the state and the details were handled by a committee appointed by the Governor. W. G. Johnston was chairman of this committee. France Paris was an ex officio member of the committee and he advised with the Governor concerning the dinner and called the meeting to order and introduced the toastmaster, but he was not active in planning or arranging the dinner.

7. At no time before starting the proceedings before the Civil Service Commission did any representative of the Civil Service Commission advise either the State of Oklahoma or France Paris that holding the two offices simultaneously constituted a violation of the Hatch Act, and, upon learning that the enforcement branch of the Civil Service Commission contended the Hatch Act was being violated, France Paris resigned at once as chairman of the Central Committee of the State Democratic Party.

8. France Paris is not an attorney. At the hearing before the Civil Service Commission, his attorneys offered to show that prior to the time he became a member of the Oklahoma Highway Commission he consulted private counsel, as well as others, and was advised by them there would be no violation of the Hatch Act for him to serve in both capacities. That tender was...