New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-06-18
TO SUE FOR HIS SALARY.
A TEST CASE IN THE DEPARTMENT OF
PUBLIC WORKS
ONE or THE FIFTY-ONE ILLEGALLY APPOINTED
INSPECTORS ABOUT TO BRING MANDAMtS
PROCEEDINGS AGAINST THE CON
TRoILER-GEoRGE W. ALDRIDGE's
UNsEEEMLY POSITION ~
TIIF. MATTER.

THE MATTER.
[rRoM THE REGULAR coRREspoNDENTo OF THE rRIBuNE.l
Albany. June 17-Governor Morton this week
will have forced upon his attention the fact that
one of the State officers who is peculiarly under
his supervision. George w Aldrldge. the Super
intendent Of Public Works has instituted meas
ures in opposition to the policy of his administra-
ton. Acting under the authority Of Adridge,
clerk J. W McCleand OF this city, who Is an as
sisant 10 the collector OF canal statistics at this
point has had papers drawn up for a writ Of man
damus directed against James A. Roberts, the
state Controller calling upon the Controller to
sign a warrant for his pay for the month or May.
Governor Morton and the State Civil Service
Commissioners have declared. in "A resolution
passed by the Board and approved by the Gov
ernor that McCelland and fifty other appontees
OF Aldridge were Illegally placed in office. In that
they not taken from the eligible list OF the
Civi Service Commission. but were appointed as
though the Civil Service laws. requiring examina-
tions as To- fitness did not exist This question
WAS carefully considered by the Governor. by his
law adviser Mr. Lincoln and by the Civil Service
Commissioners and they could come TO other
conclusion than that the appointments were He
gally made This being the case. the civil Service
Commissioners formally warned Controller Rob
crts that McCleand had been Illegally appointed.
and therefore must not be paid by him Tne
Civil Service laws forbid the financial officer OF the
state from paying any salary unless the CiVii
Service Commissioners shall certify that the man
spplving for it has been regularly appointed. II
Controller Roberts should pay McClelland IN the
face Of this command Of the law he would Do per-
sonally responsible for the money.
Nlycr Nnssbaum. a lawyer Of this city says he
4,
is only waiting for superintendent Aldridges re-
turn from his weekly journey to Rochester to
launch them against Controller Roberts. Mr.
Roberts was warned by Mr.. Nussbaum Of the pro-
posed suit to-day Mr. Roberts will hire counsel
and will defend his rights in the matter
My judgment lawyer" he said to-day. rs
that MrClelland is bringing his suit against IN"
wrong pcrson-that he ought 10 bring IT, not
against myself but against the Clvl Service
Commissioners Judge Alton b. Parker in the
Ewen case II understand his decision. made
the ruling that the present provisions II law max
ing IT necessary for me 10 have a paper from the
CiyiI Service Commissioners stating that man
is entitled 10 a salary We're created by the Legs
ature with a view to having an orderly methoa
~ transacting the public business. have no
legal right e. pay McClelland unless the Civil
Service Comm.s ioneis certify to me that ne mas
been awfully appointed Instead of doing SO. they
VAIN me that he has been Illegally appolh'"''
shall Of course oppose in the courts the pay Meh'
81 the salary demanded by McCleilnn Uhunuo1
eddy II Is test case II he has been hppoihleu
lawfully. 80 have nfty other appointees OF super
intcndent Allrigc"
The Superintendent OF Public Works. the Con,
stliution says. may b. suspended or removed
from once by the Govern whenever IN MS
Judgment. the public interest shall go relu're
n Is obvious that George W. Aidiidge' as Su-
pcrintendent Il Public Works. by encouraSing
contest In the cov-ts ~ the decision u the GOV
.rn1r IL opposing the policy OF his oihcial ch'ei
Mr. Morton might well admon!sh Adridge that
one part II the State administration ought not
10 make war upon another and that ~ VIII not
permit n
Myer Nussbaurn the lawyer who Will bring
Mct'lcllanis suit. says he viii contend that the
nov Con4fitution's command in regard to Civil
Service examination does not apply 10 the De-
partmcnt of Public Works. Yet the Constltu-
upnal Convention drew up this Amendment win
,h.. Distinct purpose II bringing this Department
and the Prison Department under the Ciyil ser
vice regulations. An examination OF the debates
81 tho convention will make that fact apparent
Article v Section ., OF the new Constitution
roads follows.
Appointments and rIom9tlon' in ,he cyil Ser
vice - tho state and q All the civi niv"io' inef
o. Including cities anl villages shall be- mac ar-
corjire tn merit and fitness. TO be ascertainei 80
FAR As practicable oS COMMUNICATIONS "ns" .b,n be
made to provid. for the enforcement OF thlS sec
ton
II would seem that the appointments in the
ciyil service 4 The State include those Of the De-
partmont u Public Works but Nussbaum VIII
Contend nevertheless. that in this department ap-
pointmcnts can be made without regard TO me
eva Service regulations. The courts VIII be
asked IA define the Constitution In this respect
A. the Court ~ Appeals Will not meet again pc
fore October. and the mandanus SUIT asaliis'
p.hor,s yyill e. 10 that court II looks as II the
nrv-onc persons In the Department oi Public
Works the regularity OF whose aprolntmcht Is
disputed. will 90 without any salaries uh', ia,' %
I'm December for the Cour; of Appeals prooaDly
.,.fIi gfx decision before