The sun., 1890-01-26
BooKKEEpER BACKUys SUIT.
He Claims His Place In the State Treas.
ury Under the Old Soldier Act.


ury Under tho Old Soldier Act.
ALBANY, Jan. 25-There is much speoula-
tion among State officials here as to the prob
able outcome OF Bookkeeper Philo Il. Backus's
attempt by legal means to force State Treas
urer Danforth to reinstate him in his old place
under the coercive power Of the "Old Soldier
act" tchap. 40 laws OF 1884. The writ issued
by Judge Learned OF tho General Term. re-
turnable on Feb 8, has been served upon the
State Treasurer. and his answer to its demand
to show cause for the exclusion OF Backus Is
awaited with much interest. Thus far State
Treasurer Danforth has made only general
charges OF minor instances Of dereliction and
Of disloyalty. but he appears confident OF prov
ing beyond a reasonable doubt that he has suf-
fioient cause for not reappointing the bellig-
erent bookkeeper. Mr.. Backus. on the other
hand declares that the charges of dis
loyalty will not stand. as he has
abundant proof Of the fact that while Mr..
Danforth was deputy State Treasurer cordial
and at times confidential relations existed be-
tween them. His counsel argues that even II
the disloyalty could he proved. the testimony of
Danforth as to what occurred whom he was
deputy cannot be used as evidence upon which
TO base case of removal for cause pertaining
He mover allowed Backus to serve him as book
Keeper, or In any other capacity; hence he can;
faqS9 hm nor m or aGT Sd
to be the same thing What Backus did or did
not when Dantorth was deputy and Fitzgerald
Quence az long as he holds tho certificate of
good character and ability given him by Mr..
The question came up among those interest
cd as to the relative bearing Of the Civil Ser
vice act and the "old Soldier act" on the posi-
rulos, makes the office of bookkeepeE a nom
the bookkeeDer was Obliged to handle and keep
track OF o considerable portion Of the money
but the place still retains its old rating as ey.
emit from the general provisions OF the Civil
Service law as far as examination for appoint
ment is concerned or dismissal save for cause.
TO, interfere. Treasurer, ,panforth might dis
ss SS 70 be hs SeS
oral civil service statute. and therefore did not
sss SSnorsn hs fa power to dSeharEe on
appoint Others hold that the old Soldier
Sot" is superior to all the other civil service
From Attorney General Tabor and Chief Ex-
aminer J ohm Is. Riley The SuS correspondent
the. - Old Soldier act las amended was gem
eral law, outside and independent OF the civil
because its application is beyond and above
them hence the non, exemption OF Bookkeeper
render him liable TO dismissal for anything but
cause. The whole case appears to hinge on
whether Treasurer Danforth can show a sutfi-
eieatly ssrious and iorei6ie reason for not ac-
stead OF ignoring his claims as an old soldier
90 preference,
Still what Bookkeeper Backus will gain by
forcing himself back into his old place 10 very
problematical. He will thereby incur the hos
tility of his CHIEF. who in many ways can make
4 very unpleasant for him, and who likewise
has the power TO fix the salary of the office at
$4,000 or $500 year and might be tempted to
cut the salary until II was too small to make
1t any object to stay Altogether 1t will mako
an Interesting case, and will serve both as q
test OF the "Old Soldier act" and as preco-
dent for future cRses.