New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-20
PRICE THREE CENTS.
GOV. FLOWER ARRAIGNED.
CIVIL SERVICE Law IGNORED.
NEw-YORK REFORMERs MAKE EXPLICIT
CHARGES AGAINST HIM.
CARL scHURz AND OTHERS SHOW THAT HI
HAS CoNNIvED AT THE ILLEGAL RE-
MovAL OF STATE POSITIONS FROM
THE COMPETITIVE TO NoN-CoM-
PETITIvE sCHEDULEs-A Leg
IsLATIvE INQUIRY IN
pPocprcT
PROSPECT.

PETITIvE scHEDULEs-A Leg
IsLATrvE INQUIRY IN
PROSPECT.
[BY TELEGRAPH TRIBrSsl
Albany, March Ex-senator Saxton pro-
sented In the State Senate tonight petition
and memorial from the Civil Service Reform As
sociatior Of NewYork City signed by Carl
schurz, as president, and William Potts. as sec
retary, and indoraed by Sherman s. Rogers. OF
the Buffalo association William G. Low. OF the
Brooklyn association DR.. +. NJ Moore. OF the
Rochester association, and Judge F. O. Mason.
Of the Geneva association Senator Saxton SUBJ
mtted with the memorial a resolution empower
ing the Senate judiciary Committee to mako
such an investigation as Is requested thereh-
In their memorial the petitioners say in part:
PLAIN CHARGES AGAINST THE GOVERNOR
The Civil Service Reform Association OF New
York has made a careful examination INTO ths
administration Of said law. and upon information
derived from this examination charges that Kos
well F. Flower, Governor Of the State OF New
York has failed to take care that said law Do
faithfully executed; and that he has violated the
law and connived at its violation by others
Article l. In support of the charge that Gov
ernor Flower has failed to take care that the
Civil Service law be faithfully executed, your
petitioners state the following facts:
First on June s. 1898, there were li6 persons
illegally holding Office in the state service. SAID
persons having been appointed without the ex-
amnations prescribed by the Civil Service rules.
Seventv-egh- Of said positions to which sucn
illegal appointments had been made were cias''-
fed in the competitive schedule B, ana tmr'y'
four Of these seventyeight had Deen nileo ou'-
ing Governor Flowers administration ihes0
seventy-eight positions thus illegally filled IN
competitive schedule constituted 10 per ce"'
Of all positions subject TO the competitive eA-
animation IN the departments in whlch t"ey
existed These facts established py an eA-
animation of the records OF the state Ci'h ser
vice Commission made by the Civil Service He-
form Association Of New-York, on the date men
toned.
coSxrvrNG At THE VIOLATION OF THE LAW
Article 2-In support of the charge that HoS-
ernor Flower has violated the civil service i""
and connived at It's violation by others, your
netitioners show that Governor Flower mas h"s
nrepared and caused to be enforced rules pro-
,,;,,rg for omen competitive examinations IN
o,sas rhich are warranted by the conditlons OK
GOOD sdmtn,stration: but that he has. on the
contrary. removed and Permitted to De remo'e"
from the schedule requiring compeuuve ga
aminations numerous positions WHICH, Ia" oee"
for wears in that schedule. In which compeuoVe
examinations had been proved to be pracuc~o'es
md which. therefore, could not oe so removed
eycent in violation of the hrst and esse"'ai p''-
vision of the Civil Service act.
Frst-Retween January J. ls9z' anu 'u"e
,so2 0,tv-seven positions previously suo'e.' "
examination were. by the Governor u''e0'
order or with his consent. exempted from ex-
animation. ,,,,,
rxrvpTroy OF DAIRY COMMISSION EMPLOYEES
Second-Your petitioners are informed aiiu
he,eve that in the years 1892 and 1885, ai'er 'no
Commission had refused 10 exempt certain po''-
tions from examination, the Governor persohai'y
ordered said exemptions, and cite 'he oi"e' VI
tho Governor exenpting the employees OF the
Dairy Commission from all examinations as
not only a marked violation Of the provisions OF
the law. but as also abuse OF authority. Ihis
association is informed that the Dairy Commls-
, nod bafore said order was issued asked
of the Civil Service Commission that certain
enployes should be exempted from examination
and that said request having been refused
II had agreed r. the examination OF said en-
Moves II is informed that, in furtherance or
this agreement the questions for candidates had
been already prepared by the chiet examiner
with the assistance of experts In the employ
OF the Dairy Commission. when the Governor
,ssued his order exempting not only the em-
noves In question but the entire fifty employees
of the Dairy Commission from examination.
Third-Between June 5 and December !. 1893.
by the Governors direct order. or With his con-
sent. nine positions were removed from me
comnetitive schedule b to the non-compettive
schedules C and d. and during the month OF
December thirteen additional positions, previously
subject to competitive examinations. were trans
ferred to the exempt and non-competitive scneo-
netitiye schedule b to the exempt schedule "A.
and eight from the competitive schedule b 70
the non on-competiti,e schedules c and D.
ANTICIPATING CONTROLLER RoBERTss ACTION
The transfers last related were made In an
t,cination of the action OF the newly elected
Controller Mr. James A. Roberts. II having been
widely advertised after his election In November
that on assuming Office he would refuse 70 pay
the salaries of all who held positions In the
State service in violation Of the provisions OF
the Civil Service act
Fourth-S.nce January s. 1894. nine positions
have been removed from the competitive schedule
y 10 the exempt schedule A. and eleven positions
have been removed from the competitive schedule
r 10 the non competitive schedules and d, max
ing twenty additional positions removed from the
competitive schedule during this period by the
Governors order, or with his consent Nine OF
1t thus appears thar In consequence OF the
determination of Controller Roberts TO aid IN the
enforcement of the law, thirty-two illegal ap-
pontments in the competitive schedule nave been
formally rectfed since December l, 1893, by trans
ferring the positions filled to the exempt and nom
competitive schedules. AS no requests for SAID
rectifcaton have heretofore resulted IN acnon
10 that end although many OF the positions now
transferred have been Illegally filled for years.
II IS obvious that the formal and improper trans
fers now made are made only because OF tho
Controllers ruling
On January 4. 1894 the Governor conferred
with the heads Of several State departments as
70 the new condition imposed by the action Of
tho Controller I'm refusing to pay persons Illegally