Vanishing Landmarks

Very truly yours,

Leslie M. Shaw.

COMMISSION’S REJOINDER DATED DEC. 20, 1905

We are clear that vacancies in the position as Special Agent cannot be satisfactorily filled by open competitive examinations…

… If it be your desire as indicated in your letter that we should hold an examination for law clerk we will do so; and if you wish to make use of that register in filling vacancies in the position as Special Agent, it is of course your privilege to do so.

Very respectfully,

–

Commissioner.

Thereupon the Secretary of the Treasury made request:

“Replying to your letter of December 20th handed to me by your Mr. – and in harmony with our verbal understanding I request that the Civil Service Commission hold an examination, giving it such name as it may deem appropriate but so arranged as to exclude all but graduates from law colleges, and who in addition have had not less than three years experience in active practice including trial of cases in Nisi Prius Courts. I desire to make use of these clerks as Special Agents. They should be eligible for appointment direct or by immediate transfer without waiting six months. I need them now, and will be pleased if the Commission will expedite the examination in every possible way.”

On December 29, 1905, the Commission submitted draft of an announcement of an examination for law clerks in the Treasury Department and added: “It is requested that the announcement be returned to this office at your earliest convenience with such suggestions as you may desire to make in regard thereto.”

Suggestions were made January 4, 1906.

“I suggest that you eliminate from the first paragraph the following:

‘In making certifications to positions in the Customs Branch of the Treasury Department, consideration will be given to experience showing familiarity with Customs Law and practice in Customs Cases.’

There is not a lawyer in the United States who has had experience in Customs Cases whom I would appoint Special Agent, except those who are earning five times what the position will pay. There are some in the cities, and especially in New York, quite a number of disreputable fellows who have had some experience in practice in Customs Cases, but there is not a New York lawyer of experience in Customs Cases whom I would appoint Special Agent except as I say those who would not accept. I care nothing for familiarity or practice in Customs Cases. What I want is a man competent to practice in Customs Cases, and with integrity enough to justify his appointment.”

As already stated, without fault of the Commission no lawyer who had ever tried a case in any court was ever made eligible and the Secretary of the Treasury could secure one only from the eligible list. There was an eligible list of law clerks but no list of lawyers.

1

Luther vs. Borden, 7 Howard 1.

2

Minar vs. Happersatt, 21 Wall 112.

3

Published by E. P. Dutton & Company, New York.