New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-04-06
A BOSS'S SPOILS OR WHAT
STANDING OF THE EXCISE SPECIAL.
AGENTS
GOVERNOR MORTON TO SAY WHETHER THEY
WILL BE UNDER CIVIL SERVICE RULES OR
BECOME PART OF A ''WHIsKEY
MACIIINEu- LETTING LIGHT

MhCliNE -GEIIlNG IIGHT
ON THE SUBJECT.
lFRoM THE REGULAR CORRESPONDENT OF THE TRIBUNE
Albany April Sit is Governor Morton. and
not Excise Commissioner Lyman. who will be
responsible II the sixty special agents" and
other employees of the State Excise Department
are not put in the competitive class Mr.. Nor
ton probably understands this. for he has sum-
moned to Albany the present week Willard
Cobb. George p. Lord and Silas W. Burt. the
Civil Service Commissioners, for the purpose OF
having them classify the various Offices which
to be filed by Mr.. Lyman. The Commits
sioners will meet here on Tuesday. and will
go into a conference at once with Governor
Morton and Mr.. Lyman on the subject Of the
classification of the employees of the State Ex-
else Department.
GOVERNOR MORTON'S RESPONSIBILITY.
Mr. Morton will be responsible WI ether not
the State Excise Department shall be merely
a political machine, as It was charged 1t would
be by the opponents Of the Raines Liquor Tax
law. because he Is the head OF the Civil Service
Commission. The Commissioners obey his or
ders. He can dismiss them at will. They
classify places in the Civil Service as in the
competitive non-competitlve class as he d.
reefs No regulations for the examination of
dppICdHtS ioi appointment III 'HS t'''
legal until he approves OF them
II must have been apparent to Mr.. Morton
that Thomas c. Plat Charles w Hackett Ed
ward Lauterbach and other men who controi
the organization Of the Republican party In
this State believe that the sixty special agents
are to be named by them. and. therefore, are
not to be placed in the competitive class OF the
Civil Service Commissioners. Mr. Platts pro-
ceedings eve- since the Ranes Liquor Tax Ia"
was passed prove the truth Of this statement.
The working force OF the Excise Department.
according to Mr.. Platts plans, are TO De me"
whose main business is politics ana ""os
chief thought. II appointed to Once VIII i'o'
be the collection of revenue for the STATE ou'
doing political work for Mr.. Platt II Is heeu
less TO say that the Raines Liquor Tax law II
executed by "whlskey machine. VIII not DC
a popular enactment
SECRETARY MANENY SERVES NoIlCb'
Controller Roberts received letter from
George W. McAneny. secretary OF the 'NH Cyl
vice Reform Association OF New-lorK' SeS'V'
day declaring that If Excise Coih'niSS'o"''
Lyman appoints any men as speciai agents VIM
have not passed an examination as 10 their
qualifications. as prescribed by the Constitution
suit will be Immediately brought To restrain
him Controller Rober;s) from paying THESE me"
any salaries. 1t Will b. remembered 'hat IL was
Controller Roborts's refusal 10 pay the salaries
of men who had been Illegally appointed ny
George W. Adridge the superintendent Vi
Public Works. that led TO the recent ho'ap'e u
cision Of the Court Of Appeals. not only putting
all the officials in the Department on fun"0
Works under the civil Service examination reg
uIa,ions but also giving an Interpretation to the
CONSTITUTIONS commands respecting such eH-
anlnations that will prevent many public oir-
Gals I'm future from disobeying them as AldrdgH
did Mr. Roberts. after reading this letter OF
Mr.. McAneny. hunted UP copy OF the Raines
LIQUOR Tax law and being an excellent lawyer.
began a critical examination of It's definition oil
the duties OF the special agents
CONTROLLER ROBERTS UNDECIDED.
From a hasty examination OF the Raines
act said Mr. Roberts to-day. II cannot see
that the nature OF the duties to be performed
by the special agents OF Mr.. Lyman makes II
necessary TO put them In the non competitive
class. but do not wish this statement to be
considered as my final judgment respecting the
matter until have made more thorough ex-
animation OF the law. Listen to what the
Raine, law says about the duties of the agents
Of the Excise Commissioner
Mr. Roberts then read the following extract
from the Raines law:
The State Commissioner OF Excise shan appoint
not more than sixty special agents each OF whom
shall receive annual salary OF sl,Ho payahe
monthly together with the Necessary eNPsnse on
Each OF such special agents shall II required by he
CSnipoiisr bond 10 the people OF the such
sum and with such sureties aS the coinif'ss'oLr'
s snc Of i duti@s Of his oce such special agents
shall be deemed the confidential agents OF the S'ate
Sommissioner and a. required by him investigate
,l,t.c tAnr hia
compliance with law by persons engas,e IN r iee
ac q9or ANY sus9 are Sd at sny m ns %e
the same IL open and may examine any liquor tax
sgSa'f FTnia or Of Jaw lie may
any other matters In connection WIN me saie y,
liquor and snail max or co ohpr oee qi IN Section q
hereof He shall be liable for penalties as provided
IN sec1 r s, 4, 9 Comsner % EXCISE may desg
nate for any county In which there Is n9i special
perfofm the duties conferred upon special deputies
IN relation 70 the raSl b e his act takes eject
and az to prosecuting violations oil laws repNai'u
by this act.
Charles H. Lincoln the Governors law adviser.
has been reading the decisions OF the Court OF
Appeals interpreting the Constitutions COM
nands with respect to Civil Service examina-
t,ons Bv this time he must be convinced that
neither the Legislature nor Governor Norton J.
/ he so disposed, can annul the requirements OF
the Constitution that persons seeking admission
n the States service shdlI suDiiiIt W an
~ ~, ~ 90 ,be,r Qualifications by labelling them
"snecal agents" declaring that they shan ID,
deemed confidential agents" OF the pubic Official
appointing them
JUDGE DENIS OBRIEN'S OPINION.
Judge Denis O'Brien Of the Court OF Appeals
IN his opinion in the McClelland VS. Roperts
case uhe case Of Aldridges illegally appointed
clerk who attempted to force Controller ROBERTS
70 pay him his salary. makes the following III
teresting statement:
The only question involved in thls appen ,,o rs
,hctbcr lJnon the undlsputed facts disclosed UPON
The annlicatIon the relator was entitled 10 VIC ""
II is admitted that the rcaor was appoint ~ t,
nostion without having passed tie NiNn nei - ~,
Examination and that his name mas netel 60, -
ccrtified TO the Controller by the Civ ocIVi zee
irsion and II was for that reason that me 'on.Io-
inr refIIsed TO pay the claim. Ihrr. WIZ ~ =, 80
viston in the Constitution OF lA' or IN any -. IL