Evening Star Newspaper, February 6, 1929, Page 5

THE EVENING STAR, WASHINGTON, D. C. WEDNESDAY, FEBRUARY G, 1929” T I “SEE US FOR LUMBER | MILLWORK" PAINT HARDWARE BUILDING SUPPLIES COAL Whatever Your Needs Talk With Us First! *'Bmall Orders Given Caretul Attention No Delivery Charge J. Frank Kelly, Inc. 2101 Georgia Ave. N. 1343 Lumber—Millwork—Du_ Pont _Paints Coa ardware — Building_Supplies The PAD That $6 )75 PROTEC'S for to_size and representative ions. You can_take advantage of the sale price for future delivery. Convenient Home Delivery Pick up your telephone —call Atlantic 70 and en- Jjoy the convenient advan- tages of Simpson's- Home Delivery. Don’t worry about your morning milk— Jjust open your door and bring it in. That's what Simpson's Home Delivery means —and there’s that added convenience of knowing you can get Simp- son’s at your neighbor- 9 hood store when you run short. AtJantie 70 e T OO CERT RO RO LEHLBACH REPORTS Defends Classification Board Position in Explaining Proposal to House. ___(Continued From First Page.) schedules carried in the bill will ap- proximate $2,876,000. The report goes into the passage of | the classification act of 1923 and the creation of the Personnel Board, and continues: | “Section 3 of the classification act | vests in the board the power and duty | to make rules and regulations not in- consistent with the provisions of the | act: to establish classes of positions | within the grades, prepare statements | giving the duties, responsibilities, quali- | fications and titles of such classes with- in the scope of the grades. The board may change these classes at will. “This function to serve specific classes out of the general spread of a grade |and not coincident with such spread | necessarily includes the designation of | the spread of rates of salary applicable | to each of such classes, within the | spread of rates of the grade at large. | The power to erect such spread of rates within the range of the spread of a | grade is incontrovertible in the light of | other provisions of the act. The rules | for fixing compensation provide ‘if the | employe is receiving compensation less than the minimum rate of the grade or class thereof in which his duties fall, the compensation shall be increased to that minimum rate.” “Accordingly, if a position previously at the second rate of pay in the spread of the grade falls in a class created by | the Personnel Classification Board with | a spread comprising rates 3, 4 and 5 of the grade, the incumbent thereof | automatically moves to rate 3 of the | grade. Rule 6 is ‘All new appointments | shall be made at the minimum rate of and appropriate grade or class thereof.’ | Thus the entrant would not receive the | pay of the minimum rate of the grade, {but the minimum of the class within the grade. If fixing the spread of pay for the classes. the board is directed to create is not an incident of that | function, no one else is empowered to do it and the rules in section 6 become sheer nonsense. No official is justified by a tortured construction of an act of Congress to nullify its plain intent and hence your committee deem it un- necessary and undignified to recommend a re-enactment of this legislation. The Board has heretofore failed to create such classes within the grade is obviously not germane to the merits of the provision.” Text of Bill Quoted. “It is contended that the following language in the first paragraph of section 1 of the bill creates new powers in the Personnel Classification Board ‘That the Personnel Board shall have sole jurisdiction to determine finally the grade, sub- division thereof, to which all itions which are subject to the compensation schedule of the classification act of 1923, and amendments thereto, shall be allocated.’ Section 4 of the classifica- tion act provides the manner in which its provisions shall initially be applied to the positions within its scope. It directs that after consultation with the Classification Board and in accord- ance with a uniform procedure pre- scribed by it, the heads of departments shall allocate all positions in his de. partment in the District of Columbia to their appropriate grades in the com- pensation schedules and shall fix the rate of compensation of each employe thereunder, in accordance with the rules prescribed in section 6 herein. Thus NEV PAY HEASLRE Classification | = to the porcedure prescribed by the board. Obviously, the intention of this tentative classification by department heads was to relieve the Classification Board of an immense amount of routine work for which it was not equipped. Thereupon the section provides “such | allocations shall be reviewed and may be revised by the board and shall become final upon their approval of said board.” This manifestly gives the classification board sole jurisdiction finally to fix allo- cations from which there can be no ap- peal, and absolutely disposes of the con- tention that the board did not have the jurisdiction restated in the language of the bill above quoted. No joint responsi- bility is contemplated, for obviously it would nullify cross-departmental uni- formity. “The initial sllocations having been generally made, no functions are to be exercised under section 4 except when new positions are created not falling within an existing grade, no such case ‘having as yet occurred; or when by legislation new grades are created or new basic qualifications are provided for existing grades. This was the case in the Welch bill. In such cases sec- tion 4 is applicable and prescribes the procedure to be followed in initial allo- cations to the new or altered grades just as in allocations initially made to the old grades. The committee can find no justification for a ruling divesting the ~ classification board of its final jurisdiction to revise such allocations and declares the basis for it, that Con- gress probably assumed the board was too busy to attend to its major func- tion, frivolous.” “Shall Ascertain Facts.” “The language following that discuss- ed above, ‘it shall have authority to ascertain currently the fact as to the duties and responsibilities of any such position and to review and change the allocation thereof whatever, in its opin- ion, the facts warrant: Provide: Such review and change shall be made only after consultation with the heads of the departments concerned and after affording all incumbents of positions affected an opportunity to be heard, of which hearing a permanent written record shall be made and kept, including all testimony taken,’ like- wise is a restatement of a func- tion that the Classification Board has exercised from the beginning without question by department heads or the Controller General, . . . “Hence such allocations are conclu- sive on all officials and employes of the Government and no appeals therefrom may be lodged with any one, the clas- sification board 1tself included. But the inherent right of an administrative agency currently to correct mistakes in matters entrusted to its discretion is generally recognized. Accordingly, re- quess to correct alleged misallocations began to be addressed to the board and under the assumption of the right to fact that the Personnel Classification |z you highest satis- faction, at Lowest Consistent Cost. Phone Main 690 for estimates Merchants Transfer & Storage Co. 920-922 E Street N.W. the heads of departments functioned under the instructions and according correct its own mistakes, it took cog- nizance of such requests. Eventually, under the right to make rules and regulation, the board prescribed a form of orderly procedure to be followed in such appeals, invoking its inherent power to correct its own alleged mis- takes.” But such appeals are based on no right of department heads or employes to lodge them, but solely on the rules of the board prescribing the manner in which requests currently to correct its own errors on its own motion in initial allocations may be brought to its at- tention. If the board has no power to revise its own action, because of a/ labored construction of the word “final,” implying that it limits the board itself, then the foundation for changes in allo- cations, no matter at whose behest, crumbles. In view of the indorsement given by the controller general to num- erous changes in allocations made in this state of laws and facts, the com- mittee can not understand his belated denial of the right hitherto questioned by him. Holds 1924 Ruling Not Binding. “The committee is familiar with the ruling emanating from the Department of Justice under date of February 1, 1924, and the circumstances attending its issue. They utterly disagree with it and deem jt not binding on Congress or any committee thereof. “Therefore, the committee maintains that section 1 of the bill adds nothing to the functions and jurisdiction of the personnel classification board, but by the proviso in the section quoted above rigidly limits it. That without restora- tion of these functions, stripped from it by an incomprehensible ruling by the controller general, the classification system is undermined and other amend- ments to the classification act as amended by the Welch act are not worth bothering about.” ASKS FREE TEXT BOOKS. A resolution approving the proposal to provide free text books and educa- tional supplies in the District schools was passed last night by the Devonshire Downs Citizens' Association, meeting in the Home for Incurables. ‘The measure was approved after a talk by W. S. Deffenbaugh of the Bureau of Education. Regulated From UPSTAIRS . OIL BURNER “Oil Heating At Its Best” Can be installed in your home NOW with no discomfort or inconvenience. Estimates given. Convenient pay- ment plan. 'hone Potomac 2048 or write for P list of 600 Washington installations— it will be MAILED to you! HEATING SYSTEMS Installed—Reconditioned Domestic Service Corporation 1706 Connecticut Avenue Ezxclusive Agents for Oil-O-Matic A ARRIVED DIRECT FROM THE MILLS! An enormous importation of the finest woolens obtainable, shorn of the middleman’s profit, assuring a big saving to the Freeny Co. cus- tomers, a privilege enjoyed only by the W. M. Freeny Co. and those who buy the Freeny Co. clothes. 1/3 to Our February sale offers you a still greater inducement of a discount of one-third to one-half off of these prices. We also assure you that we will maintain in each garment the Freeny high standard workmanship, fit and style, obtainable only at the Freeny Co.’s establishment. Hand custom tai- lored to order clothes tailored to the highest type of excellence. This is the standard that the Freeny customers demand and are assured of when plac- ing an order here. . DRESS SUITS, BUSINESS SUITS AND COATINGS 1/2 off Your choice of textile creations of the world can now be secured here. There is not a style made, from the hest mills in America or Europe, with which we cannot supply you. By being direct buyers from the mills, saving the middleman’s enormous profit, permits us to modestly claim to be by far the cheapest good tailors in Washington. You will be interested-to know that we now have associated with us two de- signers, Mr. James F. Romig, and Mr. J. B. Dunn, of New York City, who are recognized by the Fifth Avenue trade as possessing extraordinary talent for cut- ting stylish and perfect fitting garments. These Special Suits As Well As All Others Bearing Our Label Entitle the Wearer to Valet Service Gratis. All Garments Hand Pressed. W. M. FREENY CO., Inc. Taitors and Direct Importers of Exclusive Woolens 611 14th Street N. W. William H. Gottlicb, Manager Heating Engineers for more than JUNIOR RO OO RORT RO AR R A lIIIIlIlIIIIlIHHIlIIIIIIIIIII|IIIIII|I|I|H|IIIIIIIIIIIlIIIlIIIIlII|IIIIIIIII|IIIII!IIIIII|IIIIIIIIIlIIIIlIllIIIIIlIlIIIIIIlIlIIIIlII|I|IIIIIIIIIIIIIIIIIIIIIlllllIIIIIIIIIIIlIIIlIlITI‘r-. SPANISH RULER’S MOTHER IS DEAD- OF SUDDEN ILLNESS (Continued From First Page.) then located in the Atlantic and Pacific. Still more serious, however, in the eyes of the Spanish people, was the fact that there was no male heir to the throne. This apprehension was removed with the birth of the present ruler, King Alfonso XIII, on May 17, 1886, six months after the death of his father. At the time of the death of King Alfonso XII Spain was recovering from a serious tilt with Germany over the possession of the Caroline Islands, in the Pacific. One of the islands had been seized by Germany, the act leading to rioting in Madrid, during which the German embassy was damaged. The King had intrusted the controversy to diplomacy and the Pope decided in favor of Spain. ‘The most serious blow during the regency of Queen Maria Christina to the once powerful Spanish Empire was the war_between Spain and the United States, which resulted in the loss to Spain of the last of its important colo- nial possessions and terminated Span- ish rule in the New World. Cuba, which for a long time had been trying to shake off the Spanish yoke, became in- sistent in its demands for independence in 1894. The Cubans later broke out in active revolution against the mother country and the situation came to be regarded by the United States as a menace because of the nearness of the | o o \/ 1sion —Figurative and Literal Vision in business—and | living—often owes much | to normal vision. Imper- | fect eyesight is a physical and mental disability no person need tolerate. If your eyes trouble you, con- sult us at once. —Moderate Prices —Registered Optometrist in Attendance ‘oA .oHakncne Optometrists Opticians | 935 F Street ‘: 26 Years at the Same Address island to the American shore. An ex- change of diplomatic notes between the United States and Spain was followed by sending to Havana harbor the American battleship Maine, which was blown up there February 15, 1898. The United States declared war against Spain and seven months later, in De- cember, the Queen regent agreed to give up Cuba, Porto Rico, the Philip- pines and other islands in return for a payment of $20,000,000. Maria Christina was a devout Catho- lic and through her influence greatly aided in the ascendency of the Catholic Church in Spain during the last quarter of the nineteenth century. The last year of her reign, however, was marked by a dispute with Rome over the rights and prerogatives of the Catholic clergy in Spain, which the Vatican sought to restrict. Maria Christina had two daughters, the Infantas Marie de las Mercedes, born in 1880, and Maria Therese, born in 1882. Their deaths, like their births, occurred two years apart, the former dying in 1904 and the latter in 1906. Graduate McCormick Medical Glasses Fitted College Eyes Examined DR. CLAUDE S. SEMONES Eyesight Specialist Phone Main 72 409410 McLachlen Blds. 10th and G Sts. N.W. 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