Harrison v. Black
Harrison v. Black
Opinion of the Court
the opinion of the Court:
In this suit appellants, J. Stewart Harrison and Andrew M. Curry, seek a reversal of the decree entered in the supreme court of the District dismissing their bill, in which they allege themselves to be citizens of the United States and residents and taxpayers of the District and contributors of their proportionate part of the expenses of the general government, and in which they pray that the Civil Service Commission of the United States [the members of which are the appellees] be restrained from holding examinations for positions under the District of Columbia; the ground for asking such relief being that said examinations are beyond the scope of the authority of the Commission, and that, therefore, the public moneys contributed and paid by complainants are being unlawfully used and expended and an illegal burden of taxation thus imposed upon complainants.
The bill avers that said examinations are conducted at the request of the commissioners of the District, and constitute a scheme on the part of said commissioners to favor a certain class to the exclusion of another class to which complainants belong. It is further represented in the bill that said commissioners “reserve to themseives the right to disregard the result of
In the return filed by the Civil Service Commission it is admitted that the positions under the District of Columbia are not within the classified service. It is further stated that in 1895 the President of the United States directed the Civil Service Commission to provide examinations for persons seeking places under the District of Columbia, but instructed the Commission that in so doing no extra expense should be incurred; that, between 1896 and the present, “these examinations have been held, and in so doing the Civil Service Commission has entailed no extra expense, nor prevented itself from discharging its ordained functions for the general government;” that “the examinations have been held without any increase in the force of the Civil Service Commission.”
With this return was filed a demurrer to the bilí, and, by consent of counsel, the hearing upon the bill, the rule to show cause, the return, and the demurrer, was had at the same time.
The bill is so easily disposed of on the merits that we do not stop to consider the various preliminary objections which the appellees have raised against it. Complainants rest their claim to relief upon the proposition that the holding of competitive examinations in the Distinct of Columbia by the Civil Service Commission illegally burdens the complainants with taxation. The return sets forth clearly and explicitly that no extra expense whatever has been entailed by holding these examinations, and that the ordinary work of the Commission has not been interfered with.
This being an equitable proceeding, the interests of all the parties will be considered, and the right of the complainants to
An appeal to the Supreme Court of the United States was denied June 9, 1908.
Reference
- Full Case Name
- HARRISON v. BLACK
- Status
- Published
- Syllabus
- Equity; Civil Seevice Commission. A bill in equity by taxpayers of tbe District of Columbia will not lie to enjoin the Civil Service Commision from bolding examinations for positions under the government of tbe District of Columbia,” on the ground that such examinations are beyond the scope of the authority of the Commission, and therefore that public money contributed and paid by the complainants is being unlawfully used and an illegal burden of taxation thus imposed upon complainants, where it appears that such examinations are held by the Commission without expense to the District.