New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-06-10
UNDER CIVIL SERVICE RULES
MR.. ROOTS OPINION AS TO PUBLIC WORKS
EMPLOYEES.

TO BE ILLEGAII-IIIS UNSEEMLY CONTEST
WITH THE GovERNoR-CoNsTITV-
TIoNAL PROVISIONS ABRoGAT-
ING EXISTING LAWS
(FRoM THE REGULAR CORRESPONDENT OF THEThibVNh'l
Albany, June 9-Although Governor Morton
approved Of the resolutions passed by the S'a'e
Civil Service Commissioners declaring that
George w. Aldrdge, the superintendent oil fuo-
lie Works. had made ffty-one appointments
Illegally, that officer seems to THINK hiihsen a'
liberty to oppose the Governors conc!usiohs lor II
is reported that he intends to dispute III the
courts the decision of the Civil Service Commits
sioners.
Superintendent Aldridge would thus put HIM
self in an attitude o: opposition not only 10 the
official head of his party in the state, but also
to his immediate official superior. Ihere are
two members Of the State Government VINO are
peculiarly close to the Governor, and are aIihosl
his Cabinet officers namely, the Superintendent OF
Public Works and the Superintendent OF PTS
ons. The former, who has charge OF the canals'
comes into office with the Governor ana MS
term expires with him; and he may De remove"
from Office at any time by tie Governor "hen-
ever in his judgment the public interest S'i"''
SO REQUIRE" AS for the Superintendent oil I'lS
tns his term is for five years but tine ro'ei"''
may remove the superintendent for cause az
any time" The intention of the trainers OF 'n''
feature of the Constitution was 10 make .these
two officers high clerks as 1t were, of the Gov
ernor charged with the execution OF MS lucas
respecting the management OF the ca'iais on" IA,
the state prisons. They were not 10 oe ."oe
pendent officers, like ether state appoih'eesS
Supe rintenGent AlGridge, therefore. III eii'eii"e
into conflict in the courts with Governor MoIton'
begins a war with the actual head OF MS uepdi,
onto
be surprising If Governor Morton thus eolse.i h
10 have his authority derided by an officer the
Constitution has put in subordinaton to him.
THE POLITICIANS ARGUMENT.
The politicians who are Turing Aldridge on to
this conflict with Governor Morton over the
Civil Service Reform laws argue that the conf
mands Of the new Constitution that all state
employees must submit TO an examination as 10
their qualifications do not 60 into effect until the
Legislature has extended the civil service eN-
animation laws over the Department OF Puplc
Works But Controlle, Roberts recently obtaine1
from Elihu Root, one OF the leading members Oh
the Constitutional Convention, an elaborate opin-
ion discussing this question; in which MT hoot
argued that the Constitution itself put the De-
partment OF Public Works under the civil Ser
vice laws This opinion was shown by Controler
Roberts to Governor Morton and 10 Charles H.
Lincoln. the Governors law adviser, and they
both after reading it. came 10 the opinion that
Mr. Roots argument was sound.
In view of Superintendent Aidrdge's deiermina-
ton 10 test the decision Of Governor Morton IN the
courts the opinion Of MI. Root should be printed
II has been kept private document, but the
tine has now arrived when 1t can be mace pup
Nc. With Il Mr.. Root gave an interesting opin-
ion upon the present status Of war veterans
when applicants for appointment in the state
service
MR.. ROOTS OPINION.
To the Honorable James \. Roberts Controller OF
Dear i,e Sir YOU have asked for my opinion upon
the WA; s the eject of the amendment
to the Constitution relating to the CiV ~
Public Works? Does the civi! Service law no" eA-
'end IL chsnicr H. OF the laws of 1894 relating
to the appontInen; of veterans BEEN abrosa,ed,
g. Is the Controller at Liberty to Graw ms , %@t ~
any empIcve in the Department OF Publ Works
n hS i ne" pSrsuaSe OF the civil Service law
and regulations when sucn emp.Oye comes VII
d se e Urnepsi ocer OF II Continental rea
tons to the mead Of the enc or cia,sel t"nne o
which bonds are gwen? T.. .....,,, &C. IN ,b.
The consttuona provision In question is IN IN,
iS Se SiH seryce Of Ike State Of An the eyi
SivisoHs see6gS 10 merit and Illness
tainnJ as far as practicable, by examinations
provided however. that honorably DISCHARGE, sol sol
ders and sailors from the army ana Nas ~ en-
and residents Of this state sha. be emitted TO PREF
crsnce in appointment ana pIQ9ot IO wSicb sue
appointment or promotion may be made Law ps
shall he made to provide for the enforcement Oh IN
This provision went into effect on the frs day
Januarv 1896 and il is now the c0ntrolnng ra;e .
action which me SCsosnstufonai provisions
l1a Of
Elemental legislation because no renaSS ma n@y we
prescribed for violation OF tne p nrfect n IN
mandate which they contain, OF no pan"o3 49, ~,
Ger or person has been designa1ea upon or beraus
SOME fact remains be ascertaned or dlscn ,h
exercised before the subject matter upon Mn
,.ra,s can be determined but legislation
ever necessary give such provisions 'le =,
81 ,hs,, II legislation is necessary iOr the
application. they Immediately impose n nery s6,I
inc n seyistcnce and 10 the performance of du
already imposed upon public oncsrs roatbjnepy an
directly upon the WORKING OF SUE" ''"O'
the duties OF such officers
LAWS THAT WERE ABRoGATED.
At the time the provision in question wens III, ~
effect there was In existence nCng rule T FOR A
noInsments to Office which is contained in IN IN
amendment VIZ thai appond'as,n ness 70 TO be asce
tanned so far as practicable by exal, d,tive
%hch far pracfssSss c sa Hs devsed
chinery for giving effect 70 The rue n ah " Once
posed specific duties upon desiHn'.t resnt Tn
BODY of law was comprised in Charter 3d. o. - :
Jsws nf 1ss3 and the various amendnenIs Oh 81
s,asu,s down 10 and including Chapter ~. % .
Laws of 1894 The amendment was x,sng law
aJo,,,ed with direct reference 10 these eSistus a
- there We're any question on this point, II "ou
be dspeed by the provisions OF seGtHn cb provide 1
..spch acts OF the Legislature or ms stare a. "a
now in force shall be and continue me me a% 81
state subject 10 such alterations rs the Les's' 49,
shali make concerning the same But .,, na
OF the said acts parts thereof as ar
All provisions contained In these lsws he strck
a. the constitutional declaration must DC stlt0A
90. and This would carry with It, OF course
provisions which are so interviewer WIN IN t no
ptrgnan; provisions as to be incapapie OF SIAM.
Rdsanendentv of them. When this has been del
there remains machinery aaequae 70 se ,'a a.
public Officers specifically charged with iee bo onoy
operating the machinery those provs
n It's fuli Scope and meaning Just as nucn az as
~ ;,s"I legislature passed since the nrst OF Jahua
yuos An Examination OF the statutes SHOWS III