New-York tribune., 1896-05-25
THE COURTS MUST DECIDE
CONTROLLER ROBERTS WILL REFUSE TO
PAY LYMAN'S SPECIAL AGENTS.
ADVISED BY EMINENT LAWYERS THAT COVER
NOR MoRToN's DECISION PLACING THESE
MEN IN THE NoN-CoMPETITIvE
CLASS IS ILLEGAL
tBY TELEGRAPH TO THE TKIPUNEl


tBY TELEGRAPH THE TRIPUNE.l
Albany, May 24.-James A Roberts the State
Controller is making careful preparation to con-
test In the courts the decision of Governor Nor
ton which placed the sixty special agents Of
Henry II. Lyman the State Excise Commits
sioner. In the non-competitive class. To-mor-
row he will make public the opinions OF several
eminent lawyers, to the effect that the new Con-
stituton requires the selection of these men by
competitive examination. 1t will be remembered
that on Thursday last the State Civil Service Com
mssioners announced that fourteen of the men
who lad submitted to non-compettive examina
tions for special agents had failed TO pass the
simple examination required, and therefore were
rejected. Thirteen of the who submitted
to examinations for special agents. however. did
pass and therefore the Civil Service Commits
sioners will certify to Controller Roberts this
fact, with request that they be put upon the
payroll. Here is where Mr. Roberts proposes
to act in hostile manner
81 do not believe" he said to-day. that these
men have received their appointment In the man
ner prescribed by the Constitution, and there
fore shall not pay them their salaries until the
courts rule that must. The Constitution says
that all men appointed to places in the State
service must be subjected to competitive ex-
aminations whenever practicable. The Consti-
tuition declares that appointments and promo
tions in the Civil Service of the State and OF all
the civil divisions thereof, including cities and
villages shall be made according 10 merit and
fitness to be ascertaned. so far as practicable.
by examinations. which. so far as practicable,
shall be competitive In my opinion the ex-
animation Of these special agents Is perfectly
practicable and will be 80 decided by the courts
| have asked opinions TIE subject from Dor
man b. Eaton Everett =. Wheeler. Joseph H.
Choate and Elihu Root. Of New-fork; John G
Milburn, OF Buffalo and Matthew Hale, or Al
bany All of these gentlemen nave Responded
10 my request except Mr. Choate. who is such
busy man that do not wonder that nc mas found
II impossible TO do the work ,,
What do Messrs. Eaton. Wheeler Root. Mil
burn and Hale say in their opinions?
''They are unanimously of the Opn on that the
Constitution commands that these special agents
shall be required to submit to competitive ex-
animation. And the interesting clrcunslaiIce
about their opinion Is that they reach tne sal,e @
conclusion by different roads Mr.. Re OF ana MT
Faton have written quite elaborate opinions
That Of Mr. Milburn and Mr.. Wheeler lS 4 Joiil'
one | shall make public these OPINIONS to-llioI
row | think the people Of IN" state alter reau
ing these opinions will believe that have good
cause for declining to pay INC salar'es OF u.eSe 49,
special agents until the courts nave PssSeu upJ
the legality ~ their appointment lf shou,u sh
nav their salaries illegally would he pers"hany
iesponsible for the money thus lllegaly Palu out
one of Excise Commissioner Lymans reasons
for urging that thcs" special agents pe put III
~ ron-competitive class was that he could not
secure them swiftly enough under comPeutINE
system That argument ! 90 no. ,,1nm ri,oont. "'t !.
sound and the failure OF the fourteen aPp'.V"'.' ~
Tor nlaces as special agents indicates that no
Zinc has been gained by the Excise Depat uI,en'
Wessrs Milburn Root Eaton and "heeler no.u
that the Leg. aiatnre has no legal uthoInS -
mss a law which will require the appoint ~
=, ,,orvons tn office I'm such haste that the 'oh-
stitutIon Itself cannot he obeyed'