New-York tribune., 1896-04-08
THOSE "CONFIDENTI4L AGENTS"

The question whether the most numerous Do"y
Of subordinatcs Of the Commissioner OF f.Ncisc
are or are not to come under what are common
" known as the Civil Service regulations Is one
that must be speedily decided. In any case thc
Offices created by the Raines act must be cia'si-
fed by the Civil Service Commissioners. ana
the important question is whether they VIII De
placed in the competitive or the noncompettiVe
list Governor Morton is much exercised III
mind on this account. Several days ago he
sought an opinion from the Atorney-,Ieneral
but Mr. Hancock did not clear up the matter IN
Il satisfactory way; in fact he threw the respoh-
sibity Of making a decision on the Governor
himself The Governor has since consulted
other legal advisers and has summoned the
Civil Service Commissioners TO confer with MIN
on the subject. The mere fact that he requested
the Excise Commissioner to refrain from ap
pointing any Of the special agents untii thiS
question was settled has been sufficient to Gre
ate A panic among those who look on these
offices as political Spos and hope that the LcSis-
lature has made them secure as such by deciar-
ing the special agents to be the confidential
agents Of the Commissioner.
There is grave doubt whether the Legislature
has succeeded in its plainly proclaimed purpose
There are To be sixty Of these special agents,
one for each county. at a salary of Sl.2oo year
Their duties are of the most delicate nature ana
therefore they ought To be men of excellent
character Here is what the Raines law says
on this head: such special agents shall DC
deemed the confidential agents OF the State
commissioner. and shall. under the direction
"of the Commissioner and as required by him.
"rvcsiigaic all matters relating 10 the collec-
ton 81 liquor taxes and penalties under this
"ac;. anl in relation to the compliance with
law hy persons engaged in the traffic In liquors
Now II Is obvilu, that there would he grch;
danger In putting these powers and the others
specified into the hands of men selected solely
on 4 political basis. The best men available for
the purpose are needed.
The Legislature plainly undertook 10 cyadc
The operation of the civil Service rules when il
set forth that these officials should be conf
dental agents In th" carrying out Of the new
law The new Constitution provides that all
appolntmenis In the States service must he
made according 10 mort and fitness To be- ascer-
,alncd hy competitive examinations. rs far a.
prnciicabc Nobody can misunderstood the
meaning of This section. Calling m Office conf
DENTAL does not make Il Impracticablr 10 I'LL
it by means ~ competitive examination. Thcfe
are some offices. such ~ that Of Il private sccrr-
which are 'rnillcntlnl DN lucF very HHiui''
but the character of being confidential cannot
be- conferred on any position by the iiat of the
LEGISLATURE The language Of the Constitution
Is unmlstakablc. and the Court of Appeals hls
declared that IL Is sclf-oXcculins, so that the
Legislature nigh, repeal all the Civil Service
statutes aud regulations without impairins the
vnlidity OF this mandate"
The Governor Is the head of the civil Service
Commission The more he studies this question.
and the more light he has thrown upon Il, the
clearer must il become that the Legislature at
tempted 10 play trick. and that riekcry can
not he tolerated in dealing with the fundamental
law of the state. If the Governor and the Civil
Service Comm ssoncrs take the other vicw-and
II il understood that as II result Of the confer
cncc held yesterday the agents Will be- subject
cd simply 10 non-compciltiyc examinations by
the civil Service Commissioners they will mere
" transfer the controversy To the courts. which
are II course. bound TO Interpret the constiu-
ion on the broad principle already laid down
by the Court of Appeals.