EXECUTIVE MANSION, _March 1, 1883_.
_To the Senate of the United States:_
Having approved the act recently passed by Congress "to regulate and
improve the civil service of the United States," I deem it my duty to
call your attention to the provision for the employment of a "chief
examiner" contained in the third section of the act, which was the
subject of consideration at the time of its approval.
I am advised by the Attorney-General that there is great doubt whether
such examiner is not properly an officer of the United States because of
the nature of his employment, its duration, emolument, and duties. If he
be such, the provision for his employment (which involves an appointment
by the Commission) is not in conformity with section 2, Article II of
the Constitution. Assuming this to be the case, the result would be that
the appointment of the chief examiner must be deemed to be vested in the
President, by and with the advice and consent of the Senate, since in
such case the appointment would not be otherwise provided for by law.
Concurring in this opinion, I nominate Silas W. Burt, of New York, to
be chief examiner of the Civil Service Commission.