New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-04-15
ROBERTS WILL TEST IT.
HE DOUBTS THE CoNsTITUTIONALITY OF
THE WHISKEY MACHINE.
No SALARY WILL BE PAID TO SPECIAL AGENTS
APPOINTED WITHOUT COMPETITIVE EN
ANIMATION TILL THE COURTS

APPOINTED WITHOUT COMPETITIVE En-
ANIMATION TILL THE COURTS
HAVE DECIDED THE QUESTION.
,r., .nru 14-Days of ,ribulation will come to
tho snecjal agents OF Excise Commissioner Lyman
as soon as they have obtained their appointment
from him. James a. Roberts. the state |oh'i o'e'
s,id to-day that he would not pay the salaries o.,
these men unless the courts OF the o.a'e S"o"
that they had been appointed constitutionaly'
CT h.v. attained" said he 1.-The opinion OF four OF
tho loading LAWYERS OF the State as to the question
~ the constitutionalty OF their being put IN the
on-compettive class, and these lawyers nave a.,
declared that IN their judgment MI. i-!'ha" -"
act In an unconstitutional manner II he apPo
them without a competitive examination Inc
Court ~ Appeals held In the McCleiiand case tha'
the Constitution itself was law reau',ihe 'o I'm
petit,ve examination whenever practicable. IL a'so
said that the Legislature could not dec'ue ""e'".
II was practicable TO have persons examine" "N "
their qualifications TO enter the CiVh oe'Fioe VI Wv
State and could not delegate its authority 70 any
BOARD OF Civil Service Commissioners ~ - p,'
fectly practicable to have these canuiua'eS io' w
nositon of special agent under the Excise |o'"''
s,orer examined as to their quaihcat'o's' ~
courts believe will so declare wheh the ''s' .
comes before them ,,,,.. g.,
"wou,d Won have any personal responsibility Tor
the payment of money to these speciai ase"'s'
81 would" repliod Mr.. Roberts. have a heaV'
r.curiarv responsibility In the matter Inc court
OF Appeals has held that where state oicet p"' =
ont money of the state without due autnorV VI
law II Is waste of public funds and the o''cer WIN
commits the offence may be sued ana the ' o,,i,
collected from him. II Is no secret tndt w h.,.nart
Service Reformers have desired suits TO De plous.
against former Controllers for an alleged paymei ~
Of money 10 State officials without due au'ho''' VI
law" a.. rx.i,o Commits
soner LYMAN would seek TO evade ControIier non ,
crts as paymaster by having the legslatuic pa,o
a bill, giving the Excis" Commissonei co,n Ip,or,
control of the money appropriated TOT III. suIl.i
OF the Excise Department Governor morton 49, -,
have to give his consent TO this radical lio'" ~
TO give Il effect. Every person IN thc enp'oH ~
state is paid through the Controller MI hu.
was elected to be the financial officer OF the otaer
II NAV be stated by authority tnnt MT. 10y '.'i
viii not in this manner prevent a SUIT Deihg proustt
70 test the constitutlOnal.ty OF his appointing u
ciel agents who have not been taken irofn, ~, We
eligible list That suit will be brought, even II MI
Roberts does not bring one on by refusing 10 p"s
the salaries Of the agents . ,,.,u,or, "a
The cost OF supporting the Excise Department, as
proposed by Commissioner Lyman. - eNcessNf
The United States Internal, Revenue pepar,mci,.
collects in this State N9.0019 at an average cost
OF 27-l0 per cent. Mr.. Lyman desires TO nave
$4,000 appropriated for the support or ms ne
partment for the next fiscal year. re estimates
that s. 800 900 Will be brought Into the state Treas
ury by his Department. At the rate OF me cost .,
collecting the Internal revenue tax P..". w W.
co lect the State liquor tax. II costs ony sAh"y 10
collect the Inheritance ana corporation tAcS
amounting to Aoc,0V a year