New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-03-04
The News Of Brooklyn
AN OPINION ASKED FOR.
THE CITY WORKS COMMISSIONER TO
ABIDE BY MIR. BURR's DECISION.

PLACES FOR ELEVEN MEN IN THE DEPARTMENT
DEPENDENT UPON IT-wHAT THE MAYOR
AND MR.. WILLIS SAY AS TO THE
crv1r-sERvIcE REGULATIONS.
=, oraor % r,eet every possible objection made
y, taxnavers or former otfice-holders to the ere
alton Of eleven new places In the CITY MOTHS De-
art,oent and the placing Of these offices in the
ro,-comnstitive class by Mayor Wurster, Tneo-
aore p Willis CITY Works Commissioner yes
,ordav morning asked Corpora ton Counsel buIr
N nrenare an opinion on the question. MT Burr
uy,l probably submit this opinion Tomorrow
Mr. Rurr said to a Tribune reporter yesterday
afternoon: You may say as plainly and strongly
as Won please that the head or the City "o'N'
Denartment has never had and has not the
slightest desire TO evade the Civil Service resu-
1ations. nor has the head of any other Guy ue
partment ! have been asked TO prepare an
opinion for the guidance OF Mr. "iii's' anu
suppose that the heads of other city departments
will be supplied with copies OF the OPINION Al
hr,of tho question Ia as to whether a statute ana
orordrent of 1879 md Of 1884 have been amended
or ru,,,ood nv the constitutional provision IN
, oroot January I. 1895 Mr.. Willis did not act on
o,,r odv,ce IN creating the places. and suppose
that he simply followed precedent ana actea o''
his mowers as he understood them AS haVe
been asked to present an official OPINION wouu
he improper for me to indicate what my opih'oi'
of the question is now. Mr. Wilils' penuihs '.''
receipt of my opinion, will not swear III 'i'e
eleven new appointees. We have no RECORD Oh
suit brought yet TO test this question lu'i!'
CONFIRMED BY MR.. WILLIS
Commissioner Willis confirmed this informa-
tion and said that he had asked for an opiNio"
because he desired to obtain Mr.. Burrs con-
struction Of the law on a question 'hat ia"
been debated strenuousy. He added that "e
thought the creation OF the eleven new places
and the placing of them under Schedule were
done strictly under statutory law, ana IL '"o
Constitution applied to and modified the statu-
tory law. then he would gladly bow TO oe-
c,so, &c that effect. He said that he would
welcome a snit that would settle the question:
bv a legal opinion. He would be glad. because
the question h I'd been raised by certain OBJECT
ors. and If what these DIRECTORS alleged were
true then the effect Of the Courts opinion
would he retroactive and affect many municipal
officers appointed since the beginning Of 1895.
He himself had simply followed in the footsteps
OF his predecessors in his action. and he be-
Ueved he was right, although. II confronted by
an adverse opinion, he would gladly abide by a
final construction O. Civil Service provisions in
every particular.
In answer to a question. he declared that he
did not know the names Of the taxpayers who
intended to bring the suit to test the questions.
TALK WITH THE MAYOR.
Mayor Wurster asked to say something
about the questions involved. He replied that
in putting certain places under Schedule A he
had acted stricr1y under the mowers ed
to him by the statutory law and followed the
example of his predecessors Under that law"
| added the Mayor. Il empowered to appoint
certain examiners for the Civil Service. who
! are not even called Civil Service Commission
| ers. and to prescribe rules for their govern
I ment. That Is plain in the statutes-Chapter
| 354 Of the Laws Of 1883 and the amendments,
Chapters 357 ana 410 of the Laws Of 1884. There
is why I should not the power
conferred upon me by the statutes. We have
to be guided by the statutory law. and execu-
tive officers cannot stop their business In order
| to inquire If all the laws on the statute books
are constitutional or are not The law IS there.
! 1t is plain. We are guided by 1t. The Legis-
| lature has not yet passed laws to make the
existing statutes invalid. Naturally. have
to act the existing law unless the Court Of
Appeals shall decide that the statutes are un-
| constitutional far as cities are concerned.
The decision of that court which has already
been made applied TO State officers. | have
| followed precedent, and neither Mr.. Willis nor
| have the slightest desire 10 evade any
! Civil Service provisions. | shall welcome de-
| csion Of this question, and a suit brought for
the purpose of settling the point which has
| been raised. II the action we have taken shall
| be held to be unconstitutional. the decision
would affect many appointments made In large
| cities since January l. 1895 l shall be glad
fhn ma ffarc LODI daHn oil nj
| the other"
WANTS 1T SETTLED.
Professor Truman ]. Backus. Civil Service
! Commissioner, was seen yesterday afternoon a:
the Packer Institute. He said: Il think that IT
| Is exceedingly desirable ana important that this
question be settled as possible. de-
| cision declaring the action In the City Works De-
| partment to be unconstitutional would have a
| wide effect and decision is needed especially Sc
| that the administration and the Civil Service
| Board may know exactly what the present con
| dition Of the law is. and what their duties are.
city official. who requested that his name
should not be published. said that he did not
know who will bring the suit to test the legality
Of the action Of Commissioner Willis and the
| Mayor but he could guess. He guessed. 1okingly
| that the originator and hacker Of the scheme tt
use his words Is well-known Civil Service
crank" He added also that he believed there
are thirteen and not eleven places in the City
| Works Department which created under
the alleged illegal action: that the question in
| volved Is an unusually important one on account
| OF the effect decision might have on similar
| places created elsewhere since January !, 1885
| The Court Of Appeals had decided that constl
| tutonal clause self-executing without stat
| utory provision In q State case This CLAUSE
| provided In effect that appointments and promo
tons in the Civil Service Of the State. and Of al
the civil divisions thereof. including cities anC
| villages shall be made according to merit and Mt
ness to be ascertained. far practicable. b.
examinations, which so far as practicable shal
be competitive. The decision Of the court tina
the constitution Is self-executing In the case o
men appointed to non-competitive municipal
places naturally will be awaited with interest. III
said.
At the Civil Service Board 1t said tina
Jcfu IN ha hro iChf nv {