CHAPTER XXIII

CIVIL SERVICE

The sole purpose of discussing the Civil Service System in this

connection is to show what must ensue if the government

continues its trend and enlarges its business operations.

Partisan politics cannot be eliminated, neither does the Civil

Service secure the most efficient. Concrete and actual

instances are given as illustrations.

So much has been said in favor of Civil Service by its friends, and so

much criticism offered by those who know little about it, that I am

impelled to submit a few observations drawn from five years’ experience

at the head of a department having, a portion of the time, as high as

twenty thousand people on its payroll, over ninety percent of whom were

in the classified service.

It is not my purpose to criticise or commend. I do intend, however, to

make reasonably clear some of the inevitable conditions that would

ensue if the government should remain operator or should become owner

and operator of railroads, merchant ships, express, cable, telegraph

and telephone companies, and other public utilities, constructor of

airplanes, merchant ships, and logically producers of all materials and

supplies therefor.

Everyone concedes that to avoid complete partisan prostitution of these

widely-extended and diversified interests, every agent, servant and

employee, with the possible exception of unskilled laborers, would have

to be covered under Civil Service. This would palliate the evil but, as

we shall presently see, would not prevent political manipulation and

influence, and would render efficient service absolutely impossible.

It will be idle to approach this subject without recognizing a very

marked distinction between business operations and government service.

Business is conducted primarily for the profit that legitimately

results. The wise man knows, however, that the better the service, the

more certain his rewards. The merchant who best serves his customers

will have the most customers to serve, and the lawyer who best protects

his clients will have the largest and the most lucrative practice.

Service and profit are seldom divorced. If it be true, as has been

said, that a grateful people will make a beaten path to the door of him

who improves a mousetrap, it is also equally true that the world’s

financial rewards are liberal beyond calculation to him who renders any

substantial service.

This principle does not apply to government matters. Here the ultimate

end is not profit, but power. While a political party may hope to be

continued if its service is acceptable, it has no right to expect its

administration will be acceptable if it neglects the ordinary methods

by which approval is secured—which is politics. In politics,

everything reasonable and honest is made to serve the ends of politics,

exactly as in business everything reasonable and honest is made to

contribute to profit.

A most natural result of public service is loyalty to superiors. This

is true in a very marked degree in all government departments. If

government clerks were to vote, I suppose three-fourths of them would

support the party in power, without regard to which party it happened

to be. One-half of the balance would fear even to vote lest they might

cause offense and prejudice their promotion—the sole consideration

with many department clerks—while only a comparative few would openly

support the opposite party and some of these would subsequently regret

it.

A case is current where an official who is supposed not to be devoid of

future political ambition, said to a friend who had witnessed the

obsequious servility of subordinates: “There are two million of these

and every one is a voter.”

You will recognize that no promotion, demotion or dismissal within a

business organization invites newspaper comment or criticism from

friend or foe. In government service the exact opposite is the rule.

When constituents inform a congressman that someone from his district

has had his salary reduced, the whole delegation from that state get

busy. Let it be known that some clerk has been longer in a department

than another who has received more promotion, and an explanation is

certain to be demanded, and it is relatively useless to urge

inefficiency as the cause. In such cases the public ascribes but two

causes, politics and favoritism.

While “offensive partisanship” is publicly forbidden, it is generally

recognized on the inside that no activity of a partisan character is

“offensive” so long as it is quiet, and is exercised in favor of the

party in power. Public officials, of the rank of postmasters, customs

and internal revenue collectors, and district attorneys are not

expected to be delegates to political conventions, but I have never

known their superiors, when of the same political faith, to object to

their being in the town while the convention is in session, maintaining

suitable headquarters at the hotel, and even volunteering valuable

advice to those who happen to call, as well as to those who are sent

for.

But politics is not the only weakness of the system. The public has

been taught to believe that Civil Service examinations result in

securing the most efficient. This is a serious delusion.

Those who take civil service examinations usually find their names

rejected or upon the eligible list within six months. It takes about

that long to classify. Any time within two years thereafter the

applicant is liable to be certified and called.

When a requisition is made the Commission certifies three names. It is

not at all likely that they are the three whose examinations show them

the best qualified. That question is not considered—applicants either

pass or fail. They are simply the three names at the head of the list

from the state whose quota is not exhausted. The officer calling for

the clerk examines the records of the certified names and makes a

selection. Thereupon the applicant is notified to present himself at a

given place where the minimum salary—in normal times seven hundred

dollars per annum—awaits him. Even though he took his examination only

twelve months before, the chances are he declines, giving as his reason

that he is now getting a thousand dollars with good prospects of

promotion.

It is only a question of time, however, when some applicant will be

found who, during the period between examination and certification,

varying from six months to two years and six months, has been unable to

get a job at seven hundred dollars and he jumps at the chance to “serve

his country.”

You knew this must be the way but probably you had not stopped to

analyze it. The Civil Service screen is so constructed as to catch the

small fish and allow the large ones to escape. And there is no way

known to man to change it without opening wide the door for favoritism,

which the Civil Service system is supposed to close and effectively bar.

Nevertheless some of the clerks and employees selected in this way

develop a good degree of efficiency and prove far better than anyone

would expect from an inspection of the machinery by which they are

secured. With scarcely an exception they are honest and conscientious

toilers, with very little ambition. A few have ambition but these

should, and usually do, soon resign.

I have in mind a business organization with several thousand on

its payroll. Its operations extend from ocean to ocean and its

employees include geologists, chemists, engineers of every kind,

purchasing agents, salesmen, superintendents of both construction and

transportation, clerks, clear down to unskilled laborers. Everyone

connected with the organization is made to understand that any

position is open to him provided he can show greater efficiency than

the incumbent. While most of the force have grown up within the

organization, not all have been started at the minimum salary nor

promoted because of length of service. The former is insisted upon, and

the latter urged, by all friends of Civil Service.

Imagine such a concern as I have described, depending upon an outside

commission to examine and certify the people whom it might employ in

its clerical and technical force, and being bound by its own by-laws

not to employ anyone selected in any other way. No business concern

could face competition and survive under such a system. Yet everyone

recognizes that when applied to government affairs, Civil Service is

not only the best but the only way. I am not criticising it. I am only

showing the inevitable result if we change the purpose of government

from the greatest liberty institution in the world to a corporation for

the transaction of business.

During five years that I recruited the force of the Treasury Department

from names certified by the Civil Service Commission, nothing occurred

to engender ill feeling. The members of the Commission and the officers

of the Treasury Department understood each other perfectly and

sympathized. Every member of the Commission sought as best he

could—subject, of course, to the restrictions and limitations of his

office—to serve the Treasury Department, and the Secretary of the

Treasury, believing in Civil Service, reciprocated. There were,

however, some rather plain and expressive letters exchanged. Believing

that letters that actually passed between departments are the best

proof of conditions as they exist, I have inserted in the Appendix the

material correspondence covering four distinct cases.

Some of the letters were answered by personal interviews but enough

remains to show the cordial feeling that existed, as well as the nature

of the contentions. It also reveals the earnestness with which the

Secretary of the Treasury sought some relaxation in the rules which

friends of the system, as well as the members of the Commission, insist

must be rigidly enforced, and which were rigidly enforced.

The last case cited relates to a request for experienced lawyers for

special agents of the Treasury Department. The necessity for these will

be apparent to every experienced business man.

Many of the tariff rates are _ad valorem_, the duty being levied upon

the foreign market value of the imported merchandise. Importers are

required to enter their goods at the price at which such articles are

usually bought and sold in the country of their origin. Undervaluation

by unscrupulous importers is the most common way of defrauding the

government. Cases of alleged undervaluation are tried by the Board of

General Appraisers, at which the importers are represented by lawyers

who make a specialty of this class of cases. They are not only men of

experience but many of them possess great natural aptitude. Some, I

suppose, make as high as fifty thousand dollars per annum. The

government is represented by attorneys who receive, if I remember

correctly, three thousand dollars per annum, and the cases are usually

prepared by special agents, or special employees, who receive from

fifteen hundred to two thousand dollars per annum. The government is at

a tremendous disadvantage. I have heard it estimated that the Treasury

loses two hundred million dollars per annum through undervaluations. I

think this is excessive but unquestionably it runs into tens of

millions.

I desired several country lawyers who had had actual experience in

trying cases, and asked the Civil Service Commission to provide an

eligible list. The need of capable men in this particular branch of the

service is well illustrated by the following incidents.

Certain importers were entering their merchandise, which had been paid

for in Indian rupees, as costing the bullion value of rupees, about

twenty cents. England was maintaining the parity of the rupee at about

fifty cents in our money. The Secretary of the Treasury certified that

the rupee was worth fifty cents and directed that duties be collected

accordingly. As was anticipated, the importers all paid under protest

and one of them prosecuted an appeal. A decision against the government

was rendered by the Board of General Appraisers and by all the courts

including the Supreme Court of the United States. I ordered that

another case be made and gave instructions how it should be prepared.

Again, much to my surprise, the government was defeated. Investigation

showed that the second case had been prepared exactly like the first.

More detailed instructions were given and the government was

successful, and more than one million dollars that had been paid by

importers under protest, was saved to the government and at least two

hundred thousand dollars per annum from then until now. Any country

lawyer with a general practice would have known how to prepare and

present the case in the first instance.

The Treasury Department has several special agents in Europe whose

business it is to look after and discover evidence of undervaluation,

as well as other frauds upon the revenues of the country. The

Department knew that certain merchandise was viciously undervalued, but

the special agents all failed to get material evidence. Special

employees were not then under Civil Service and I got an up-state

lawyer from New York to accept a position as special employee, sent him

to Europe and he came back with evidence that secured advances in

valuations which saved the government perhaps fifty thousand dollars a

year from one importer alone.

Appendix “D” will show the material correspondence concerning this

particular request for experienced trial lawyers. My first request is

dated September 20, 1905; my second, October 14th of the same year.

Finally the Commission replied and its first letter bears date of

December 2, 1905. It mentions oral requests also having been made.

Several examinations were held but up to the time I left the Treasury

Department, March 4, 1907, no eligible list had been provided

containing a single lawyer who had ever prepared or tried a case in any

court. The department needed at least six, could have profitably used

twelve, but could not and did not get one. If interested read Appendix

“D.” You will detect enough spice to give it a flavor not its own.

The correspondence set out in Appendix “C” has reference to a tobacco

examiner. Tobacco intended for Florida was being imported from Cuba at

a certain inland city and then shipped back to Tampa and Key West. The

duty on unstemmed wrapper tobacco was at that time $1.85 per pound and

only 35 cents per pound on unstemmed filler tobacco. When any bale of

tobacco contained more than fifteen per cent wrapper, the entire bale

was dutiable as wrapper. There was a further provision that tobacco

from two or more provinces or dependencies, if mixed, should be

dutiable at $1.85 per pound, regardless of its character. Naturally, a

tobacco examiner should know something about tobacco. In fact, that is

the only subject that a tobacco examiner need know anything about. The

correspondence will show the efforts made to secure one and the desire

of the Civil Service Commission to aid, as well as the disaster which

it believed would follow if the Treasury Department was allowed any

voice in the manner of the examination or in classification of those

who took the same.

Appendix “B” has reference to a tea examiner, another position that, in

the opinion of the Secretary of the Treasury, should be filled by an

expert.

The correspondence with reference to a tobacco examiner began some time

in 1904. My first rejection of each of the three names certified as

being eligible is dated December 15, 1904. The request for a tea

examiner was made somewhat later. I quote a paragraph from the Civil

Service Commission’s letter of December 9, 1905, which, though written

with special reference to the request for eligible trial lawyers,

mentions both tobacco and tea examiners:

“Your attention is also invited to the recent examination for tea

examiner and tobacco examiner at the Port of ——. Owing to objections

by your Department to eligibles certified, it became necessary to hold

three examinations before a selection was made for tobacco examiner and

two examinations before a selection was made for tea examiner. The

examinations finally resulted in the selection of the temporary

employees, who, in the judgment of the Commission, after careful

investigation, have no unusual qualifications for the duties to be

performed and came in at the advanced age of sixty-three years. It

seemed to the Commission so apparent that the examinations in question

had not resulted in securing to the government the services of the most

suitable competitors, that it became necessary for it to recommend to

the President that it be relieved of all responsibility for these

examinations and on November 18th, the President placed in the excepted

class, one examiner of tea and one examiner of tobacco at the Port of

——, which employees do not now have the status of competitive

employees.”

It will be noted that the Civil Service Commission itself finally

recognized such a weakness in the system that it consented and even

recommended that Treasury officials be permitted to select _one_

examiner of tea and _one_ examiner of tobacco at _one_ port, though the

last phrase quoted seems to betray a slight apprehension of disaster

resulting from there being in the United States two examiners, each

requiring very accurate and technical qualifications, “who do not now

have the status of competitive employees.”

Appendix “A” is limited to two letters written by the Secretary of the

Treasury to the Civil Service Commission refusing to approve rules and

regulations which it proposed to promulgate, unless the President so

directed. I will add that the President did not so direct. In this

instance, as in the last two, the Secretary of the Treasury had his way.

DIPLOMATIC SERVICE.

While on this subject, I cannot refrain from discussing Civil Service

as applied to our diplomatic and consular service.

There is quite a widespread demand that everything shall be taken out

of politics, and a presumption is indulged, that, if this were done,

all of the evils which now inhere in representative government would be

cured. Undoubtedly men have been rewarded for political service with

appointments to foreign fields, and some of these appointees have been

wanting both in business experience and education as well as in

aptitude. On the other hand, it is most unfortunate if only those who

are disqualified for positions of responsibility are interested in

politics. If every public position at home and abroad were to be filled

with those who either take no interest in public affairs, or by those

who are incapable of exerting any political influence, do you think the

service would be materially improved?

The further criticism is indulged that administrations make foreign

appointments from among their party friends, and utterly ignore

adherents of the opposite political faith. Has it ever occurred to you

that when a man is unable to find as good and able men among those who

believe in political doctrines which he advocates as are available

among his opponents, he ought in justice to himself to renounce

allegiance to the party he believes in, and join the ranks of those

with whom he disagrees?

Undoubtedly, the United States has sent some chumps abroad, but anyone

who has lived long in Washington must have recognized that other

countries also occasionally have chumps in their diplomatic service.

After some years’ observation, I asked John Hay, then Secretary of

State, whose experience at home and observation abroad better qualified

him to speak than any other man in America, how our diplomatic and

consular service compared with that of other countries. Promptly and

without hesitation, he said: “It is universally recognized everywhere

that American foreign service is the best in the world.”

One might as well expect to develop a successful trial lawyer by

confining him to a law school all his life, or a successful business

man by keeping him indefinitely in a business college, as to expect to

produce an efficient representative of American interests abroad by

requiring him to spend the most virile period of his life in studying

how to represent these interests and all the while keeping him out of

touch with the interests which he is to represent. A lawyer should

understand his client’s business, if possible, better than his client.

If he is to represent mining interests, he should know metallurgy, all

processes of mining, reduction of ores and mining practices, as well as

mining laws. Before a man can successfully, advantageously and wisely

represent American interests abroad, he must understand American

interests at home. He must have a practical knowledge of what Americans

require in foreign countries, and the natural effect at home of the

things he is trying to do abroad.

When confined to clerical positions, Civil Service is a lesser evil

than anything else that has been tried, but it falls far short of

being a panacea. When applied to positions requiring scientific,

professional, technical or expert knowledge, it is an utter failure. If

the government extends beyond its appropriate functions, and enters the

business arena, Civil Service will result, first, in the greatest

possible inefficiency; second, in political manipulation and control of

everything, and, third, in transforming a hitherto virile and

self-reliant people into a race of pap seekers. If the government

pursues its present trend and enters one field of business activity

after another it will logically end with everyone on the government

payroll and all of us working for the rest of us and taxing ourselves

to pay pensions to ourselves. When a government once enters the field

of paternalism there is no place where it can logically stop.

Vanishing Landmarks: The Trend Toward Bolshevism · 第 23 / 30 章