New-York tribune., 1896-04-03
PLATTS SPOILS IN DANGER.
THOSE EXCISE INSPECTORS MAY NOT BE
CONFIDENTIAL"
GOVERNOR MORTON HOLDS UP THE APPOINT
MENrs TILL THE QUESTION CAN BE DETER
MINED-MR sAXTON'S vrEws-LYMAN
GETTING DOWN TO BUSINESS.
[EY TELEGRAPH TO TIE rRIBuNE1

tDr TELEORAPH TO THE TRlBCNEJ
Albany. April 2-Lieutenart-Goverror Saxton
Is clearly Of the opinion that the excise inspec-
tors to be appointed by Henry L. Lyman. the
State Excise Commissioner are. under the Con-
sttution. subject to examination to their
qualifications. Governor Morton. II Is crafty
ing to say. also thinks that 1t Is doubtful II the
Legislature could exempt these inspectors from
the Civil Service examinations by labelling them
confidential" Mr.. Morton has directed his law
advisers to make careful examination Of the
Constitution and the decisions OF the courts
bearing upon this question. and this afternoon
he requested Mr.. Lyman not to appoint any
excise inspectors until this point Is settled.
Lieutenant Governor Saxton. when asked this
afternoon If he thought the Civil Service pro-
vision Of the Constitution had any bearing on
the appointments Of the so-called confidential
agents provided for In the Ranes bill. replied:
Il have not given the matter very careful
thought. but there are suggestions that occur to
me upon the subject. Civil Service Reform has
been written into the organic law Of the State.
The Constitution ordains that appointments In
the Civil Service must be made according to
merit and fitness. to be ascertained 80 far as
practicable by examinations. which. so far as
practicable shall be competitive That Is to
say the method OF ascertaining the merit and
fitness OF applicants by competitive examna-
tions shall be the rule. / think the people OK
the Stale meant what they said when they
placed that declaration In the fundamental law.
The Legislature. to be sure. is vested with the
power OF making an exception to the rule on the
ground that It Is not practicable In n particular
case: but the question is. does the Legislature
make that exception by merely declaring posi-
ton to be confidential. which is not In reality
al tha Too oicla t,roc N ont
lfy the Civil Service provision OF the Constitu-
tion by declaring that all places under the Civil
Service shall be confidential. We cannot change
the nature OF the thing by giving It certain
name. The question is not what the place is
called but what 1t really is. SIN. could not
say without further consideration that the Con-
stiution Of its force places these positions in
the competitive schedule.
Whether II does not Il seems TO me that
they ought to be definitely placed In that schedule
by virtue Of the provisions Of the Civil Service
laws. | must say tina. can see no real differ
ence In that respect between the confidential
agents provided FOR under the Raines law. and
hundreds OF other places on the competitive
list"
Excise Commissioner Lyman. II Is reported to-
day. will appoint Patrick II. Cullinan, OF Os-
wego. as his deputy. at $4,000 year. Mr. Cul-
Imam Is a lawyer Of Oswego. who was an Assem-
blyman here in 1857. He then supported Thomas
C. Plat for reelection as Senator until Mr..
Plat thought best TO retire from the contest
From his remarkable voice he gained the name In
the Assembly OF Fog Horn" Cullinan and 1t has
stuck TO him eve. since. II Cull!nan Is ap-
pointed Senator Raincs will be greatly disap-
pointed for he wishes ". VI. Clement. ex-Ds-
tric, Attorney Of Oswego County 10 get the place.
Mr. Lyman returned from New-York at noon
to-day In company with John T. Mott the Re
publican state Committeeman from the XXIVth
District Elliott H. Mott. Of Oswego was await
ing them here. and together they went TO the
State Controllers Office. The Motifs proved ac-
,eptable to Controller Roberts as Colonel Ly-
mans bondsmcn and they qualified ir the sum
Of $4,000 John T. Mott is president OF the
First National Bank OF Oswego. and Elliott B.
Mott is "A prosperous maltster. The Attorney
General prepared the form OF the bond. and 1t
was accepted by the Controller.
This done Colonel Lyman had a talk with Mr.
Roberts over Offices and IL was finally agreed
that four OF the rooms OF the suite In the CAPT.
toll prepared for the Controller might be used
nv MFR LYMAN. force OF men was immedi-
atcly set TO work clearing them OF their furni-
ture.
Colonel LYMAN called on the Governor and
then went to the Secretary or states once
and filed his resignation as n Fish. Game and
Forest Commissioner. Before j. III. H. Mongin
Second Deputy Secretary OF state. ne look the
oath OF Office. ,. J.,
The subject Of permanent appointments he
said had not been considered yet. He desired
IN get his office in shape and then he would
think OF other details In order to get the bu-
reau in running order. he appointed Temporarily
ex-Aasemblyman ex- william H. steele. OF osweE0
IN arrange the details OF the work. ana r. W.
cu,IInan as his private counsel. The Con-
troller allowed William G. Shaible MS expert
accountant, 10 open the books or me pureau, n
Colonel Lyman also made n reluisltion Oh III .a,e
Civil Service Commission LOT seNei"' ''e"Vo'
pliers and clerks