The question has been at times raised as to the constitutional power of Congress, while providing for the appointment of officials by the President, by and with the advice of the Senate, to require that the appointees shall be selected from certain classes of persons, namely, those who have satisfied specified educational and other tests applied by the Civil Service Commission. Though the courts have never had occasion to pass upon this point, the constitutionality of the provision would seem to be fairly certain. The same sort of rules have long been established and followed with reference to appointments in the army and navy, and the decisions of the state courts support the practice as to the appointment of state officials.

9 142 U. S. 651; 12 Sup. Ct. Rep. 336; 35 L. ed. 1146.

10 Citing U. S. Const., Art. II, Sec. II; United States v. Hartwell, 6 Wall. 385; 18 L. ed. 830; Stanton v. Wilkeson, 8 Ben. 357; Price v. Abbott, 17 Fed. Rep. 506.