III

THE CHIEF FEATURES OF THE MERIT SYSTEM PROVISIONS for the establishment of the merit system in government have varied from time to time, and the civil service laws now in force differ not only in scope but also in character. Defenders of the reform are not yet agreed about some essential features of the merit system. Thus, uniformity of State legislation on the subject can hardly be expected for some years to come. It has been well said that "the system has more to fear from the admissions of its friends than from the attacks of spoilsmen", and that disappointments and setbacks have often "come from the doubt and suspicion with which civil service reformers regard their own reform. ''23 It is believed, however, that a consideration and comparison of different civil service systems in the light of the four principles above stated (pp. 449, 450) must lead to certain definite conclusions on the merit system.

THE CIVIL SERVICE COMMISSION

The United States civil service law enacted in 1883 was frankly instituted on English models,24 and the State civil service laws adopted later show marks of the same origin. National and State acts resemble each other in their general provisions: each declares the object of its enactment and prescribes how persons shall be appointed, transferred, removed, reinstated, promoted, or reduced in the civil service. For the purpose of attending to the

examinations provided for by the law and the rules and for the purpose of generally enforcing the provisions of the law, each civil service act calls for the establishment of a non-partisan commission.

The United States Civil Service Commission consists of three members appointed by the President with the advice and consent of the Senate and removable by the President at will. The head of the commission receives a salary of $4500, and the other members $4000 each. Subject to the supervisory power of the President over all branches of the Federal service, the actual administration of the law is confided to the commissioners, who are aided by a large number of clerks, examiners, and district secretaries.25

In the nine States where the merit system prevails the commission, as a general rule, consists of three members― not more than two belonging to the same political party. They owe their appointment to the Governor and serve for six years-one going out every two years. Their compensation varies, though most State commissions are on a salary basis.26 It has been pointed out that men of experience in public affairs and in business should be selected for membership on the commissions and should be paid salaries large enough to justify the devotion to the work of sufficient time and energy to acquire a thorough understanding of the many difficult problems which arise.

It is interesting to note that State civil service laws, unlike the Federal statute, are mandatory, confer more power and independence upon the commission, and give less control over the administration of the law to the chief executive. At the same time the Governor plays a considerable part in the scheme: he not only appoints the

commissioners but he may also remove them for cause, and in several States he must approve the rules and regulations proposed by the commission. His political influence is still a powerful factor.27

State civil service commissions have the assistance of a large force of officers and employees, in addition to a chief examiner or secretary performing the duties implied in his title. The principal duty of every commission is the enforcement of the letter and spirit of the civil service law. Along with the power to prescribe, amend, and enforce rules and regulations for carrying out the provisions of the law are linked two other powers: first, the commission may examine into the general observance of the law and the rules by the State's appointing officers; and secondly, the commission may issue, or apply to some court for the issue of subpoenas which require both the attendance and the testimony of witnesses, and the production of books and papers relative to certain investigations hence the commission may also administer oaths to the witnesses. Appointing officers in each State are, therefore, placed under a duty to aid the commissioners, and for appointments made contrary to law they are made financially responsible to the persons appointed.28

Since the burden of bringing workable civil service machinery into existence rests so largely upon the chief executive and the civil service commission, it follows that the administration of the law will be good or bad according as these officers are faithful or unfaithful, competent or incompetent. As William Penn declared over two hundred years ago: "Governments, like clocks, go from the motion men give them; and as governments are made and moved by men, so by them they are ruined too." Furthermore, the merit system in the hands of

"men of wisdom and virtue" can be a success only in proportion as the law instituting it is wide or narrow in its provisions. If the law permits the commissioners to exercise their discretion on certain occasions, only those who are friendly to the merit system can be depended upon to be true to the spirit of the law.29

CLASSIFICATION OF POSITIONS IN THE CIVIL SERVICE

The civil service of England, whose government has long been a model, consists of two distinct bodies or groups of officers. First and most important come the political officials - the leaders of the party which has a majority in the House of Commons. As the ministers they are the heads of the executive departments, despite the fact that they have been trained in parliamentary debate and not in administrative routine. They direct the general policy of the English government, are responsible to Parliament for the conduct of affairs, and generally quit office with the Cabinet when the House of Commons becomes hostile to its policy. The business of each minister is not to work his department but to see that it is properly worked while he occupies a seat in Parliament and explains any action of his department when called upon. 30

The other group consists of the non-political officials an army of men who do the work of the executive departments, who, though their chiefs may go out of office on account of party changes, remain at their posts and perform the service required of them, "thoroughly familiar with the whole field of administration" and ready "to carry out in detail the policy adopted by the ministry of the day." This distinction between changing political chiefs and their permanent subordinates is a

product of the gradual evolution of the parliamentary system in England. The English civil service is thus properly a combination of laymen or men of the world and experts.31

The permanent tenure of offices in Great Britain during good behavior does not, however, necessarily result from appointment after open or unlimited competitive examinations. By no means all the civil servants owe their position to merit as disclosed by competition open to all who apply. This fact is due to two reasons. In the first place, offices filled by Crown appointees, situations filled by promotion, and positions requiring expert, professional, or other peculiar qualifications are recruited by limited competition - where examinations are wholly or partly dispensed with. Secondly, a large number of situations are still filled by simple nomination subject to a pass examination or a limited examination or they are exempted from examination altogether. This class covers, for the most part, the manual and menial occupations. Nevertheless, the principle of open or unlimited competition has been steadily gaining ground in England, and it is expected that many positions not now subjected to competitive examinations will shortly be recruited by open competition. Even as matters now stand, very little undue influence and patronage is exercised in appointments and promotions in the English civil service. So far as English administration is concerned, the result of the methods of appointment has been a high standard of efficiency in the numerous executive departments.32

Civil service laws in the United States differ only in minor details as to the classification of government positions. As a general rule they call for a twofold division: the unclassified and the classified positions. Massachu