The effects of the Civil Service Act within the scope of its actual operation have amply justified the hopes and promises of its advocates. After its passage, absentee holders of lucrative appointments were required to report for duty or to sever their connexion with the service. Improved methods were adopted in the departments, and superfluous and useless work was no longer devised in order to provide a show of employment and a locus standi for the parasites upon the public service. Individual clerks were required, and by reason of the new conditions were enabled, to do more and better work; and this, coupled with the increase in efficiency in the service on account of new blood coming in through the examinations, made possible an actual decrease in the force required in many offices, notwithstanding the natural growth in the amount of work to be done.[4] Experience proves that the desire to create new and unnecessary positions was in direct proportion to the power to control them, for where the act has taken away this power of control the desire had disappeared naturally. There is no longer any desire on the part of heads of departments to increase the number or salaries of classified positions which would fall by law within the civil service rules and be subject to competitive examinations. Thus the promises of improvement and economy in the service have been fulfilled.
The chief drawback to the full success of the act within its intended scope of operation has been the withholding of certain positions in the service from the application of the vital principle of competition. The Civil Service Act contemplated no exceptions, within the limits to which it was made applicable, to the general principle of competition upon merit for entrance to the service. In framing the first civil service rules, however, in 1883, the president, yielding to the pressure of the heads of some of the departments, and against the urgent protest of the Civil Service Commission, excepted from the requirement of examination large numbers of positions in the higher grades of the service, chiefly fiduciary and administrative positions such as cashiers, chief clerks and chiefs of division. These positions being thus continued under the absolute control of the appointing officer, the effect of their exception from examination was to retain just that much of the old or “spoils” system within the nominal jurisdiction of the new or “merit” system. Even more: under the old system, while appointments from the outside had been made regardless of fitness, still those appointments had been made in the lower grades, the higher positions being filled by promotion within the service, usually of the most competent, but under the new system with its exceptions, while appointments to the lower grades were filled on the basis of merit, the pressure for spoils at each change of administration forced inexperienced, political or personal favourites in at the top. This blocked promotions and demoralized the service. Thus, while the general effect of the act was to limit very greatly the number of vicious appointments, at the same time the effect of these exceptions was to confine them to the upper grades, where the demoralizing effect of each upon the service would be a maximum. By constant efforts the Civil Service Commission succeeded in having position after position withdrawn from this excepted class, until by the action of the president, on the 6th of May 1896, it was finally reduced almost to a minimum. By subsequent presidential action, however, on the 29th of May 1899, the excepted class was again greatly extended.[5]
A further obstacle to the complete success of the merit system, and one which prevents the carrying forward of the reform to the extent to which it has been carried in Great Britain, is inherent in the Civil Service Act itself. All postmasters who receive compensation of $1000 or more per annum, and all collectors of customs and collectors of internal revenue, are appointed by the president and confirmed by the Senate, and are therefore, by express provision of the act, not “required to be classified.” The universal practice of treating these offices as political agencies instead of as administrative business offices is therefore not limited by the act. Such officers are active in political work throughout the country, and their official position adds greatly to their power to affect the political prospects of the leaders in their districts. Accordingly the Senate, from being, as originally intended, merely a confirming body as to these officers, has become in a large measure, actually if not formally, a nominating body, and holds with tenacity to the power thus acquired by the individual senators. Thorough civil service reform requires that these positions also, and all those of fourth-class postmasters (partly classified by order of 1st Dec. 1908), be made subject to the merit system, for in them is the real remaining stronghold of the spoils system. Even though all their subordinates be appointed through examination, it will be impossible to carry the reform to ultimate and complete success so long as the officers in charge are appointed mainly for political reasons and are changed with every change of administration.
The purpose of the act to protect the individual employees in the service from the rapacity of the “political barons” has been measurably, if not completely, successful. The power given the Civil Service Commission, to investigate and report upon violations of the law, has been used to bring to light such abuses as the levying of political contributions, and to set the machinery of the law in motion against them. While comparatively few actual prosecutions have been brought about, and although the penalties imposed by the act for this offence have been but seldom inflicted, still the publicity given to all such cases by the commission’s investigations has had a wholesome deterrent effect. Before the passage of the act, positions were as a general rule held upon a well-understood lease-tenure, the political contributions for them being as securely and as certainly collected as any rent. Now, however, it can be said that these forced contributions have almost entirely disappeared. The efforts which are still made to collect political funds from government employees in evasion of the law are limited in the main to persuasion to make “voluntary” contributions, and it has been possible so to limit and obstruct these efforts that their practical effect upon the character of the service is now very small.
The same evils that the Federal Civil Service Act was designed to remedy exist to a large degree in many of the state governments, and are especially aggravated in the administration of the local governments of some of the larger State examination. cities. The chief, if not the only, test of fitness for office in many cases has been party loyalty, honesty and capacity being seldom more than secondary considerations. The result has been the fostering of dishonesty and extravagance, which have brought weakness and gross corruption into the administration of the local governments. In consequence of this there has been a constantly growing tendency, among the more intelligent class of citizens, to demand that honest business methods be applied to local public service, and that appointments be made on the basis of intelligence and capacity, rather than of party allegiance. The movement for the reform of the civil service of cities is going hand in hand with the movement for general municipal reform, those reformers regarding the merit system of appointments as not merely the necessary and only safe bulwark to preserve the results of their labours, but also as the most efficient means for bringing about other reforms. Hence civil service reform is given a leading position in all programmes for the reform of state and municipal governments. This has undoubtedly been due, in the first instance, at least, to the success which attended the application of the merit system to the Federal service, municipal and state legislation following in the wake of the national civil service law. In New York an act similar to the Federal Civil Service Act was passed on the 4th of May 1883, and in 1894 the principles of the merit system were introduced by an amendment into the state constitution, and made applicable to cities and villages as well. In Massachusetts an act was passed on the 3rd of June 1884 which in its general features was based upon the Federal act and the New York act. Similar laws were passed in Illinois and Wisconsin in 1895, and in New Jersey in 1908; the laws provide for the adoption of the merit system in state and municipal government. In New Orleans, La., and in Seattle, Wash., the merit system was introduced by an amendment to the city charter in 1896. The same result was accomplished by New Haven, Conn., in 1897, and by San Francisco, Cal., in 1899. In still other cities the principles of the merit system have been enacted into law, in some cases applying to the entire service and in others to only a part of it.
The application of the merit system to state and municipal governments has proved successful wherever it has been given a fair trial.[6] As experience has fostered public confidence in the system, and at the same time shown those features of the law which are most vulnerable, and the best means for fortifying them, numerous and important improvements upon the pioneer act applying to the Federal service have been introduced in the more recent legislation. This is particularly true of the acts now in force in New York (passed in 1899) and in Chicago. The power of the commission to enforce these acts is materially greater than the power possessed by the Federal commission. In making investigations they are not confined to taking the testimony of voluntary witnesses, but may administer oaths, and compel testimony and the production of books and papers where necessary; and in taking action they are not confined to the making of a report of the findings in their investigations, but may themselves, in many cases, take final judicial action. Further than this, the payment of salaries is made dependent upon the certificate of the commission that the appointments of the recipients were made in accordance with the civil service law and rules. Thus these commissions have absolute power to prevent irregular or illegal appointments by refractory appointing officers. Their powers being so much greater than those of the national commission, their action can be much more drastic in most cases, and they can go more directly to the heart of an existing abuse, and apply more quickly and effectually the needed remedy.
Upon the termination of the Spanish-American War, the necessity for the extension of the principles of the merit system to the new territories, the responsibility for whose government the results of this war had thrown upon the United States, was realized. By the acts providing for civil government in Porto Rico (April 12th, 1900) and Hawaii (April 30th, 1900), the provisions of the Civil Service Act and Rules were applied to those islands. Under this legislation the classification applies to all positions which are analogous to positions in the Federal service, those which correspond to positions in the municipal and state governments being considered as local in character, and not included in the classification.
On the 19th of September 1900 the United States Philippine Commission passed an act “for the establishment and maintenance of an efficient and honest civil service in the Philippine Islands.” This act, in its general features, is based upon the national civil service law, but includes also a number of the stronger points to be found in the state and municipal law mentioned above. Among these are the power given the civil service board to administer oaths, summon witnesses, and require the production of official records; and the power to stop payment of salaries to persons illegally appointed. Promotions are determined by competitive examinations, and are made throughout the service, as there are no excepted positions. A just right of preference in local appointments is given to natives. The president of the Philippine commission in introducing this bill said: “The purpose of the United States government ... in these islands is to secure for the Filipino people as honest and as efficient a government as may be possible.... It is the hope of the commission to make it possible for one entering the lowest ranks to reach the highest, under a tenure based solely upon merit.” Judging by past experience it is believed that this law is well adapted to accomplish the purpose above stated.
For fuller information upon the details of the present workings of the merit system in the Federal service, recourse should be had to the publications of the U.S. Civil Service Commission, which are to be found in the public libraries in all the principal cities in the United States, or which may be had free of charge upon application to the commission. The Manual of Examinations, published semi-annually, gives full information as to the character of the examinations held by the commission, together with the schedule of dates and places for the holding of those examinations. The Annual Reports of the commission contain full statistics of the results of its work, together with comprehensive statements as to the difficulties encountered in enforcing the law, and the means used to overcome them. In the Fifteenth Report, pp. 443-485, will be found a very valuable historical compilation from original sources, upon the “practice of the presidents in appointments and removals in the executive civil service, from 1789 to 1883.” In the same report, pp. 511-517, is a somewhat comprehensive bibliography of “civil service” in periodical literature in the 19th century, brought down to the end of 1898. See also C.R. Fish, The Civil Service and the Patronage (New York, 1905).
In most European countries the civil service is recruited on much the same lines as in the United Kingdom and the United States, that is, either by examination or by nomination or by both. In some cases the examination is purely competitive, in other cases, as in France, holders of university degrees get special privileges, such as being put at the head of the list, or going up a certain number of places; or, as in Germany, many departmental posts are filled by nomination, combined with the results of general examinations, either at school or university. In the publications of the United States Department of Labour and Commerce for 1904-1905 will be found brief details of the systems adopted by the various foreign countries for appointing their civil service employees.