Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1896-05-01
UNCONSTlTUTION
The Veterans Preference Act
SO Declared.
important Decision Made by the
supreme Court.

I BOSION.A April 2S-The so-calIed veterans
4 preference act of 1885 is not constitutional
/ The full bench ot the supreme court So de-
[ clared IN the ease of Frederick W. Brown
vs.. Charles I. Russell TT al civil service
commissioners. and ordered the writ of
| mahdamus which was prayed for To issue.
/ 1 he petitioner was an applicant for appoint-
ment ON the detective force OF the district
| police, and having taken an examination
1 before the civil service commissioners was
/ highest upon the list of those found eligible
for appointment.
The civil service commissioners under the
veterans preference act chapter sol OF the
acts OF 1895, gave the preference to L. d.
Bean, veteran who had not taken an ex-
animation, The petitioner claimed that this
! preference was in violation Of his conStitu-
tional rights. The full bench holds that the
Legislature cannot cOnstitutiOnally provide
that certain public Offices and rmpIOymrnts
which 1t has created shall be filed bv
veterans in preference to all other
persons, whether the veterans are or are
not found or thought to be- actually duali-
lied to perform the duties Of the offices aud
employments by some impartial and compe-
tent onlcer or board charged with some
public duty III making the appointments.
The writ of mandamus is accordingly or
dered to issue to strike Bean : name fr, m the
head of the list of applicants.
The epitUme of the decision of the court
may he found in the following. which is the
concluding portion Of the opinion:
Public offices are created for the purpose
OF eilecting the ends for which government
has been instituted. which are the common
good, and not the profit. honor or private in
terest OF any one man, family, ur class of
men.
I'm our form of government it is funda-
mental that public offices are "A public trust,
nd has tl..., 1
be selected solely with view to the public
welfare.
In offices which are created by the I.cgis-
lature, where the method of appointment is
not prescribed by the constitution, the
Legislature can take upon itself the rcSpou-
sihility Of selecting the rson 10 DE ap-
pointed. or can confer tue power Of ap-
POlntment upon public officers Of boards. or
upon the inhabitants of cities towns or dis
tricts, but we think that it is inconsistent with
the nature OF our government and partic-
ularly with articles & and of the dec
laration OF rights, that the appointing power
should he compelled 10y legislation to ap-
point to certain public offices persons of a
certain class in preference To all others and
without the exercise on its part OF any dis
cretiOn, and without the favorable Judgment
of some legally constituted officers or board
designated by law To inquire and determine
qualified to perform the duties which per
tain to the offices.
There are many cmploymcnis hy the
commonwealth, or by the cities and towns of
the commonwealth which do not constitute
the employe Il public officer. The work Of
the commonwealth and of the cities and
towns must be done by agents or servants,
and much of il is of the taatrare -.e ~" vfu-
piuyment, 1t IS sometimes difficult to make
the distinction betwecna public Office and an
employment. yet the title Of 'puhlt" officer
is one well known 10 the law, aud it often is
necessary to determine what constitutes Il
public office. Every copying clerk or iaui-
tor Of public building Is not necessarily a
public officer.
with reference to such and similar en-
ployments, ii may be suggested that if the
Legislature can give pensions to veteran
soldiers and sailors, it may grant them on
condition that the pensioners shall render
such service to the commonwealth or
to its cities and towns, as they can;
that they may h" employed and paid
wages or Il salary, partly in consideration
of the services they render, and partly rs a
recognition and reward for the services
which they have rendered To the common
wealth in the past
I'VE are of opinion that srrts and e Of
the statutes of 1895, chap. jOl, 50 far IA they
purpOrt absolutely to give to veterans par
ticular and exclusive privileges distinct
from those Of the community in obtaining
public office cannot he upheld as enactments
within the constitutional power of the Cen
eral Court The result is that the rommis-
sioners were not authorized by statutes or
1895. chap. sol, sects. and 6, to place with
out an examination the name of Edward ID.
Bean at the head Of the list to he certified
for appointment upon the detective force of
the district police Of the commonwealth in
preference to all other applicants not yeter
ans or women and that they should he COM
manded to strike his name from the list. >"
The opinion is 10y chief justice Field and it
is unanimous. The court holds, therefore.
that the veterans preference act, so far as it
gives an absolute preference to veterans
over other applicants for public Offices. is
unconstitutional. The Office which the petit
toner made application for in this case is
held to be a public office. II viii be re-
membered that the Legislature passed this
act over the veto of the late governor Green
halge.