174 UNEMPLOYMENT IN THE UNITED STATES
My trouble is not with the need for this kind of legislation, either;
my trouble is with the wording of this bill and the practical operation
of it, and I would like for you to follow it just a minute and clarify
this if you can. Section 2 provides for the appointment of these
employees under the civil-service law and the classification law.
Now when we come down to section 4, you say this in section 4—
*¥ * in order to obtain the benefits of appropriations apportioned under
section 5, a State shall, through its legislature, accept the provisions of this act
and designate or authorize the creation of a State agency.
And so forth.
Now, you make the State legislature, if they are going to share in
this percentage to which they are entitled under this, 75 per cent of
this appropriation, according to their population, you say the State
legislature shall adopt the provisions of this act, or they do not share
in the appropriation.
Senator WaeNER. Yes.
Mr. Bacamann. In other words, you say to the State—and I
assume that is in order to get around this constitutional provision—
if you want to go along with this and share in this appropriation, then
you shall, through your legislation, adopt the provisions of this act.
And I can not find any place in this act which says the State can go
ahead and select its own personnel and employees in those offices.
Senator WaeNER. There is no provision for that in here.
Mr. BacamanN. Then, if we enact the provisions in the bill and
there is no provision in there, and they must accept the provisions of
the act, then the fact remains that every man who is employed by the
States In these employment offices must be selected under the civil
service law of the country.
Senator WaeNER. No; because section 2 has only to do with the
Secretary of Labor.
Mr. Bachmann. Oh, no; it goes further than that. If you go
down to line 10, you will see, after you provide for selecting the assist-
ant director, it provides, in line 10, “to appoint, and, in accordance
with the classification act of 1923, as amended, to fix the compensa-
tion of.” You put all of these employees under there and, in three
or four places, you are specific in writing in this bill the fact they must
comply with the provisions of the act. That is the thing that is
WOITylng me.
Senator Wagner. All right. I am very clear, Mr. Backmann,
that in no way binds the State or affects it; but, if there is any doubt
in your mind about that, if you want to clarify that, you are at lib-
erty to do so.
Mr. Bacamann. Let me ask you this and see if it clarifies it. Sup-
posing the attorney for the Department of Labor would so interpret
this act, which I think he can from the language used, as to say that
all those employees must be selected under the civil service act of
the Government, and the Government reserves the right to put in
those different States the office employees, where are we?
Senator WaeNer. No judge on earth would make such an inter-
pretation.
Mr. Bacamaxn. The bill says that; your bill says that can be done
in this language here.
Senator WAGNER. I do not think it possibly can be so interpreted;
but, if there is any question about it in your mind, I have no objec-
tion to clarifying 1t.
