New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-03-10
CONSTITUTION AND CIVIL SERVICE


The Civil Service muddle in Brooklyn-if that
is not too harsh term to apply TO the compli
cations which have arisen in the last ten days
has not been satisfactorily cleared up by the
elaborate opinion rendered yesterday by Cor
poration Counsel Burr. The points which he
had to pass upon were three. The first was as
TO the effect on previously existing statutes of
the provision OF the revised Constitution (Arii-
Gle V, Section 81 as respects appointments and
promotions in the Civil Service His answer
In general Is that the effect Of this provision Is
to continue those statutes In force. sustained
by the organic law OF the State. The constitu
tonal provision. II will be remembered, declares
that appointments and promotions in the Civil
Service Of the State and OF all the civil d.
visions thereof, including citieWnnd villages,
shall be made according to merit and fitness
"to be ascertalned, far practicable, by
examinations. which, so far as practicable.
shall be competitive" Mr. Burr devotcs con-
siderable space to the consideration Of the mean
ing Of the phrase 80 far as practicable He
declares that lit Is altogether too broad a state
"rncnt to say that all appointments are TO be
made by competitive examinations, and that
mo EXCEPTIONS whether those declared by ex-
press statute or those determined upon by
Mayors Of cities, are to be no longer regarded.
The precise meaning Of "practcablc' AK used
in the Constitution he does not, however, un-
dcrtakc to define, but he holds that 1t refers
rather TO the results TO be obtained by an ex-
animation than to the examination Itself, be
cause In one sense II Is practicable to hold an
examination for every appointed position"
The second point taken up was whether If
the statutes remained in force and certain posi-
! tons were exempted from competitive examina-
ton the power Of determining 10 which class
such positions should be assigned remained
with the Mayor. The answer to this Is an easy
affirmative Mr. Burr then asked: IL the
Mayors determination in this respect final and
| conclusive? His answer to this Is n negative.
It being held that the Mayors action Is review
able by the courts AS respects the appoint
ments to new positions recently made by Com
missioner Willis. the Corporation Counsel ex-
presses no positive opinion. But he Is clear and
emphatic in saying: 1.-The principle Of appoint
'mpnt 10 the Civil Service through competitive
examination has come into the law Of the
estate and has come to stay. 1t Is embedded
Gin the organic law so that II Is beyond the
.power Of any Legislature to ovcrturn 1t, or any
'ofiicer charged with the execution Of II TO dis
regard il. Appointment under competitive ex
ANIMATION Is the rule. Appointment without
| at Is to be the exception.
1t Is evident that the questions which have
been raised as to the legality OF the appoint
ments in dispute will have TO be settled by the
courts The Court Of Appeals has already given
n broad ntimation Of the view 1t will take OF
Article V. Section o. Of the new Constitution
The courts in general will therefore he inclined
to interpret the provisions Of that instrument
strictly Whether the offices referred to or any
others that Mayor may single ont as non
competitive will stand the test Is question
that should be decided as promptly as possible
The suit which, as has been intmated, 1t Is
the intention of the Civil Service Reform Asso
citation to institute ought to be pressed forward