New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-20
in all instances where the law requires IT, ana
compete for appon tment."

in all instances where the law requires IT, and
compete for appointment
INTENTIONAL VIOLATION OF THE LAW
Notwithstanding these professions. twenty
Of the thirty-seven removals from the com
petitive schedule last related have been maze
since the date of said conference. Your peu-
TONERS maintain that such removals have Deen
made with the intention Of evading the o4NH
Service act. and they, In fact, constitute d
violation Of the provisions Of said act Whlch
expressly require that there shall be open com
pettive examinations for testing the htneSS OF
applicants for the public service whenever pIdc-
ticabe. and that places in said service shall be
filled from among those graded highest as the
result Of said competitive examinations.
Article 3-ln support Of the charge that Gov
Flower has disobeyed the mandate OF the
law which prescribes that all subordinate places
clerks and officials in the public service OF tne
State shall be included in one or more cl IHe
classes provided by the law, your petitioners
show that he has not caused to be arranged III
said classes numerous positions in the Siatc ser
vice: and that, in dsobedience Of the clause OF
the Civil Service law which provides thaI no
person shall be appointed in the STATE service
until he has passed an examination or is SHOWN
to be specially exempted from such examination
he has permitted the appointment OF persons IN
the State service who have not been 50 CdASi-
fed. 49,,
On January /, 1894 the new Controller, Mr.
James A. Roberts was installed and on taxing
possession Of his office discovered that thirteen
of the thirty-one persons subject 10 the pro
visions of the Civil Service law In that Once
had been Illegally appointed and that OF theSe
thirteen six had never been ciasslheu: inns
latter fact opened up a new line OF INQUIRY, a.
those holding positions which had not Deeh c.a.s
fled had not appeared upon the records OF the
Commission and had therefore not been emu
merated in the accounts Of those illegally holc'hs
Office. 49, ,,, c,,o
Commission dated December 10, 1891. which re-
port was signed by eve'y MEMBER OF the Coi
mission. it is stated that general rule OF the
IN r
that "au newly created Offices not belonging 10
some general exempt class snail De SUBJECT u
competitive examinations .,,
classified belong to the competitive scheduie;
notwithstanding which 1t is now claimed py we we
commission that persons unclaSSlled III me
State service. who have not been examined III
accordance with the provisions of the C1vll ser
vice act do not come within the RUE OF lne C9l
troller refusing payment 10 those hOidlnS OICc
I'm violation Of said act. Whatever me con,
troversy upon that question between lhls anu
the last Civil Service Commission rheIe t Tan he
none upon the duty of the Governor. ii Ihls pe
true as claimed by the present civil serve
Commission that there are positions uncaSsllieu
in the State service your petitioners chalee
that in falling to classify said POSITIONS as III
removing from the competitive 10 me. non
competitive schedules, the Governor HAS P0
sonaly dsobeyed the law.
THE CIVIL. SERVICE ACT PRACTICALLY Nu1LIFIED.
Your petitioners charge that, except IN the
State Hospitals and in q few minor institutions
fed. Since January l. 1892 there We're accord
ing IN the roster annexed to the report Of the
Civil Service Commission. dated February 2"
1909 534 places in the State service subject 10
,ts r,les Notwithstanding the stringent pro
vision of the act that competitive eAaIit 49,, -
should be held whenever pracucapie ciS 80
these positions classified In the coihleptisSs
schedule b, and of these lle were bu"IG' 81
natrolmen in the Elnlira Reformatory ana , eIisa
neers and elevator men in the puplic pulluIse'
II TINS appears that in disregard OF the pro
visions Of the law less than ii per cent oi LIe
places classified under the State Wv, Vi ~
Jules have been subjected to competitive eN-
amination and that large proportion OF me
Saw riaces SO classified have been Illegally hed,
not only without competitive eAali''""
without any examination .,..
nositions in the schedule requiring competitive eA
aminations have been transferred 10 'he tAe'''l's
- ,on-comnetitiye schedules, thirty-fOur or
which have been so transferred since the eiection
Of the new State Controller, ana Tor 'He pun Do ~
enabling Illegally appointed incuhpentS 10 1870
heir salaries without submitting to the COM
petitive examinations required by law IhIo Of?
nation received by this aseocation since l.s
erarination of the records shows that there
have been and are many positions illegally
filled in schedule B. besides those which 1t dis
covered at the times OF said eXamlnauoEs'
Yonr netitjoners are Informed that on March e,
1894 Notwithstanding the transfers enumerated
there were still thrty-one positions belonging 10
the competitive schedule illegally filled, which
thirty-one include three Of the original seventy
eight discovered by the association. and twenty
eight of those of which 1t mas since Deeh III
formed
THE GOVERNOR HELD PERSONALLY RESPONSIBLE
Your petitioners are informed and believe that
the records of the State Civil Service Commission
will demonstrate the truth of all the facts related
in this petition and that the violations OF the law
during Governor Flowers term Of office have
taken place with his full knowledge and consent.
The Civil Service Commissioners are appointed
and NAV be removed by the Governor; they hold
their office at his will BY the provisions of the
Civil Service act the Governor prepares its rules
makes its cassifcatons and is responsible for It's
enforcement
fully represent that the important object OF the
Civil Service law is to secure the appointment
to the Offices of the State Government OF the
most competent persons Obtainable. Experience
in this State. in other States and in the Federal
Government shows that the open compeutve
examination required by the law is a practicable
and fair method for the selection of such persons
TENDS TO DESTROY ALL RESPECT FOR LAW
II such examinations have been disused. If non
competitive or pass examinations have been
substituted or IL candidates have been exempted
altogether from examination, the public service
must have suffered. Such disregard Of the plain
requirements Of law not only demoralizes the
public service but tends TO destroy respect for
all law and to strengthen the forces OF Anarchy
and lawlessness which now the most forInd-
able enemies Of free institutions.
Wherefore, the Civil Service Reform Assocl-
alton prays that legislative investigation may be
had of the administration Of the Civil Service
law of the State of NewYork since January l.
1892 with view to such further action as may
be required for the vindicatiOn Of the law.
The subject was referred TO the Judiciary
Committee.
THE CAPITOL APPROPRIATION.
DEMOCRATIC SENATOR'S FAIL TO RAISE 1T
FROM 100000 TO ssOoOOo-THE SMALLER
AMOUNT VOTED