New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-07-04
CIVIL SERVICE ARGUMENT.
.ss1srANr DISTRICT CRANES
SUIT FOR JUNE SALARY.
CORPORATION COUNSEL DURRs WORDS AND WAY
-, ,oor,,xG At THE NEW REGULATIONS
AND THEIR APPLICATION - JUSTICE

OF LOthlNG Al NV
AND THEIR APPLICATION - JUSTICE
SMITH RESERVES DECISION.
r.. lo,r-s,anding Question as to whether Civil
crvce regulations are applicable 70 county onlcers
an, more particularly to attaches OF dstfct-attor-
rsvs Offices where the county and city nave De-
come con soida;ed, had argument that lasted FOR
aver two hours in the Kings County Supreme Court
,sso-e Justice Smith yesterday afternoon. 1t was
:, the application Of Second Assistant Distric'-At-
;, ,ev Frederick Il. Crane for the issuance OF
neremptory writ OF mandamus 10 compel County
treasurer Hubert G. Taylor TO pay him his salary
Of SIS IS for the month Of June.
NJ Crane was represented by his law partner.
lanes T. Bell. and Corporation Counsel Burr ap-
reared for the defendant. Mr. Crane alleges that
he has tried 10 draw his salary for June, but that
AZ TAYLOR has refused 10 pay IT, He was paid his
s.larv for the first FIVE months OF the year, but
uhc, he petitioner went for his June salary he
was tod that until the payroll had been certified
~, the civil Service Commission. under the opinion
O. the Corporation Counsel. he could not get any
Money Mr. Rel submitted an affidavit by District
Attorney Backus in which he de2osed that he had
-s,s,vei a letter from Edward y. Lent the secre-
,,-y # the Cvn Service Commission. in which he
was asked for the payroll OF his Office and the au-
.ho-;.v under which each appointed. He
.,-oplied with that request. but Mr.. Lent refused
~ certify the roll the ground that Mr.. Crane
"a ~. corpi.ed with ali the requirements neces-
ss-v Nh ier the Jaw. Mr.. Backus aso deposed that
a, A meeting Of the Civil Service Commission the
-~a,ier O. the p.sirict-AttOrney's Office was cis-
crss-! ana of the Commissioners said that he
al moi: mink the Commission had anything 10 90
c.h the office This expire ssion of opinion rot
secuted b, any of the other Commissioners. Later
NJ Backus wrote 10 the State Civil Service Com
-,,ss,cn AMI asked 70 have the status of his Office
seaned lie go; no answer from the Commission r.
NJ Bel said that Mr.. Crane hal compiled with all
,he REQUIREMENTS made OF him. AMI he was willing to
4, arvta.ng IN reason He c~rtainy had earned his
Macy and II waiting for him In the hands ~
che County Treasurer. There was no reason why he
shoull get H. II he not on the civil service
ux AMI he ough; - be there. il certainly not
his IA H had done all that required OF him
70 get there The Office Of the Dstrc;-Attorney had
never been governed by the Civil Service Corrnis-
son IL jhc past. ard when both the members Of me
local Commission and the STATE Commission would
20, say nat II was now there seemed 70 be no rea
son WY Mr. Cranes salary should no; be paid
MR. BELLS STRONG POINT
The law provided said Mr.. Bell that every As
ss.ant Dstrct-Auorney should. IN the absence OF
rs chief fulfil all the duties OF he District-Atorney
T. = lust as irpra ctcabe 10 make he office Of an
Assistant District-A,torney competitive as for that
o. tie Official himself The offco one OF trust.
ard therefore expressly exempted from the pro
Wis ,as = the Civil Service law. No competitive ex-
animation can ever determine whether man Is
worthy Of such trust and confidence. 1t had. more
over never before been attempted - put the posi-
Ton under Civil Service ru.es. II was an entirely
rev departure. Nobody had ever before dared TO
advance tho IDEA that the office should Dc other than
ror-competitive. Kings was the only county in the
safe where such an attempt has been maze IL
has not even been broacaed N Ncw-YorH
Cooperation Counsel Burr IN arguing in opposi-
I'm 20 the ISSUANCE OF the man lanus declared that
Re himself believed that, In the interest OF puo-c
business and policy. the Office OF the relator ought
not 20 be a competitive one. II wond no; have been
and al the trouble would have been saved /; his ad-
wee. given months ago. had been followed by Dis
trsc;-Aitorney Backus lie alone was respoiAS De
for the present complications.
Continuing. Mr. Burr sad that the County Treas
urer's position the only proper one The pro
visions OF the charter of the consolidated city OF
Brooklyn authorized the Controller 10 prescribe the
@5-rn OF all pavrolls for salaries and the manner IN
which accounts shall be kept. The form OF the pay
.ol on which the claim for realtors salary appears
that prescribed by the Controller. The claim OF
ne rela,or. however. has never been audited nor
certified by the Civil Service Commission No claim
rased that the relaior has not gwen valuable and
sertet is as 70 the regularity and validity Of his APP
continent and the method thereof The first point
raised Is II the claim OF the relator for salary
CITY and not against the county the county had
ceased 10 exist an independent municipal corpo-
ra;e character. and has had no ploperiy nor any
mems o: acquiring any since January "a ana
had been passed requiring the county under such
circumstances TO lay the salary OF asslstaA,
required the county do that which the Consttu
ton says the county cannot 90 lhe saiafy was EoW
ceary city Charge.
COUNTY TREASCRER'S CUSTODIANSHIP.
The fact that the County Treasurer has such
name does not Indicate that he is the custodian Of
county funds which under the consolidation act
cannot exist IT, then. the proceeding is really
agai,-st the city must fall because Independent
CT civil Service questions the reiator asks the de-
fen3anr 10 violate the provisions Of the ctys char
2 NJ n
c.scursed.
Again continued Mr.. Burr the application cannot
b. granted the rslstor was appointed IN violation
o. the provisions % the Constitution AID statutes
G. tt safe relating Civil Service These PROVIDE
thar all appoint nents shall be made according 20
r-ri, and fitness be ascerained 50 FAR as pract-
cable by limitations. which shall b competitive
The re.alOr really stands upon the broad ground
ina lbs position Independent OF he Civi! Service
20 State Pot Il i quite clear that the statutes con
sftufe a general system Ot statute law aiflicabie
=, every department of the civil service IN the
S.0-e Relafor had not been assigned 70 the non
competitive schedule A" by the Mavor, as re-
CURED BY law and consequently should have pasSti
connective examination. Tho fact that wncn me
civil Service 1of applicable - cities was pass@o II
was contemplated thai The position q Assistant
nsirlc'-AitOrney WAS under lts control Is no argu-
rleni r3lnst The present extension Of the law 10
include T.
Rriefs were har5e7 ~ at he conclusion OF the
argument. and Justice Smith reserved decision
GR1DrATES OF GRAMMAR SCHOOL NO 73