New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-03-28
MIR. UANCOCK'S OPINION.

Mr. Hancocks opinion IL gwen below:
Hon Lev. T. Morton. Governor OF the State OF New
York.
Dear Sir: am in receipt OF your communication.
inqulrlng whether certain officers. employees ana
agents provided FOR In the act relating 10 the traffic
in lquors which received your approval March q,
'shoula be classified under Cv.l Service regula-
,lons"
Section Of this statute declares that within ten
DAYS after the passage of the act the Governor by
and with the advice and consent OF the Senate shall
appoint a State Commissioner OF Excise. who shall
hold his Office for the term OF Ave years.
Section provides that the State Commissioner
shall appoint a Deputy Commissioner. who during
the absence or inability TO act OF the State Commits
sloner shall have and exercise all the powers con-
ferred upon the State Commissioner. The same sec
tlon provides for the appointment OF secretary and
financial clerk by the state connIssUnfr % sn
point "A special deputy In each county containing a
city Of the rst class ard al.o In the o,ce e. OF eaeh
sary provided for By law.
THE SIXTY SPECIAL AGENTS.
The State Commissioner IS required by Section 10
to appoint special agents. not more than sixty in
number: and 1t further declares that such special
agents shall be dee ned the confidential agents OF
the State Commissioner and shall under the dlrec-
ton OF the Commissioner. and as required by him.
investigate all matters relating 10 the collection OF
liquor taxes and penalties under this act and In
aton 10 the compliance with law by the persons
gagged In the traffic In liquors.
The Cv!l Service law Of this State establishes a
general plan Of appointment In the various depart
ments OF the Stat. Clvil Service and has been the
subject OF review by the courts Of the State both
before and since the adoption OF the revised Con-
stitutlon
Section OF Article V OF the Constitution OF 1884,
makes specific provisions for appointments and pro-
motions In the Civil Service OF the State. and de-
cares that laws shall be made to provide for the
stitutonal provision II has been matter OF serious
contenuon whether the civil Service section OF the
Constitution s selfexccuting or whether IL dd not.
In Tact. contemplate new and additional legislation.
PLAIN LANGUAGE OF THE COURT
This question appears to have been settled. in
part n least, by two recent decisions made by
the Court OF Appeals. declaring. In effect that
tho constitutional provision In question executes
itself
In the case OF the People rel Mcclellan agt.
Roberts lis y. Y. 36O the Court says 1T Is quite
clear therefore, that the Civil Service statutes
constitute a general system ot statute law ap-
plicab.e to appointments and promotions In every
department OF the civil Service OF the State. with
such exceptions only as are specified In the statute
Itself" And further: III the Legislature should
repeal all statutes and regulations on the subject
OF appointments In the Civil Service. the mandate
Of the Constitution would still remain and would
so far Itself as to require the courts In
proper case. to pronounce appointments made with
out compliance with is reauirements illegal"
Court says that This section OF the Constitution
Ii clear and concise, and II seems that there ought
to be little difficulty IN understanding Its mean
ing Appointments and promotions In the Civil
Service are to he made according to merit and
fitness, to be ascertaned as far as practicable by
examlna tions. which. NO far as practicable, shall
be competitive" And further: ut IL quite nos
s!be there are Or will be offices and positions by
reason OF peculiar duties, which experience will
demonstrate cannot be nled by competition: and
when such n case arises II will be competent FOR
h. I epia tntu IN
act designating the circumstances which Justify
Its Intervention. a.,
The Court has, In effect. held that former de-
cislons holding that certain State officers and de-
partments are not subject to the provisions OF the
Ciy,l Service laws are superseded by force of tho
constitutional amendment. and that the broad
comprehensive terms therein contained place every
dennrtment OF the Government within the pro-
visions Of these laws.
INTENTION OF THE LEGISLATURE
The recent enactment In relation. to the trafic
I'm LIQUORS constitutes new State department.
which. under the decisions hereinbcfore mentioned,
Is very clearly brought within the provisions OF the
C'vil Service laws OF the State. and subordlnates
Hereunder should be classified.
II was evidently the Intent OF the Legislature. In