Alden K. Gray v. John W. MacY Jr., Etc.

The United States Civil Service Commission removed appellant from his position as a Post Office Department distribution clerk at Corvallis, Oregon. The Commission based its action upon a determination that the evidence offered at the administrative hearing sustained five separate charges of violation by the appellant of the Hatch Act, 53 Stat. 1148 (1939) as amended, 54 Stat. 767 (1940), 5 U.S.C.A. § 118i.

We have concluded (1) that Charge III, relating to the solicitation of Francis M. Coon to vote for the election of E. L. Callahan as Chairman of the Benton County Democratic Party Central Committee was not supported by substantial evidence; (2) that the evidence in support of 'Charge IV, relating to appellant’s speaking at a meeting of the Democratic Party 'Central Committee at Corvallis, Oregon, reflects no more than the public expression by appellant of an opinion on a political subject, which is activity protected both by the statute, 53 Stat. 1148 (1939) as amended, 54 Stat. 767 (1940), 5 U.S. C.A. § 118i(a), and by Civil Service Rule IV, 5 C.F.R. § 4.1 ; and (3) that Charge V, relating to the solicitation of registered members of the Democratic Party, is not supported by…