Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1896-05-02
UNCONSTITUTIONAL.
The Veterans Preference Act
SO Declared.
Important Decision Made by the
supreme Court.

BOSTON Aprii 2S--Thc so-callcd veterans
preference act of 1898 is not constitutional.
In" full bench Of the supreme court so de-
clarrd in the ease Of Frederick W. Brown
VS.. Charles r. Russell 1T al, civil service
commissioners. and ordered the writ Of
mandamils whirh was prayed for to ISSUE
The petitioner was an applicant for appoint-
mrnt on the detective force of the district
police, and having taken IN examination
before he civil service commissioners was
highest upon the list of those found eligible
for appointment
The civil service commissioners under the
veterans preference act. chapter sol OF the
acts of 1895, gave the preference to L. d.
Bean, Il veteran who had not taken IN eX-
animation. The petitioner claimed that this
preference was in violation Of his constitu-
tional rights. The full bench holds that the
Legislature cannot ronstitutionally provide
that certain public offices and empoyments
which it has created shall be filled by
veterans in preference" to all other
persons, whether the veterans arr, or are
not found or thought 10 be actually quail
lied To perform the duties Of the offices and
employmcnts by some Impartial and compc-
tent officer or board charged with jome
public duty in making the appointments.
The writ Of mandamus is accordingly or
dered to issue to stri" Bean name from the
head of the list Of applicants.
The epitomc of the decision of the court
may be found in the following. which is the
concluding portion of the opinions
"Public offices are created for the purpose
OF etfecting the ends for which government
has been instituted, which are the common
good, and not the profit honor or private in
terest of any one man, family, or class of
men.
"In our form of government it is funda-
mental that public offices are public trust,
md that the persons to be appointed should
be selected solely with view to the public
welfare.
I'm Offices which are created by the Lcgs-
lature. where the method of appointment is
not prescribed by the tuition. the
Legislature can take upon itself the rrspon-
sibility of selecting the 'rson to he ap-
pointed, or can confer the power of al-
pointmcnt upon public officers of boards. or
upon the inhabitants of cities, towns or dis
trirts, but we think that il is inconsistent with
the nature of our government and partir-
ularly with articles and I of the dec
laration of rights, that the appointing power
should be compelled by Legislation to ap-
point To certain public offices persons of II
certain class in preference to all Others and
without the exercise on its part of any dis
cretiOn, and without the favorable judgment
OF some legally constituted officers or board
designated by law to inquire and determine
il the persons to be appointed are actually
qualified to perform the duties which per-
tain to the offices.
There are many emplOyments by the
commonwealth, or by the cities and towns of
the commonwealth. which do not constitute
the emplOye u public officer. The work of
the commonwealth and of the cities and
towns must he done by agents or servants,
and much of ii Is of the nature of an en-
ployment. 1t is sometimes iilicult To MAKE
the distinction betweena public uflicrand an
employment. yet the title of public officer
is one well known to the law. and it often is
necessary to determine what constitutes IL
public Office Every copying clerk or jan-
tor of n public building is not necessarily II
public officer.
with reference to such and sim Lar en-
ployments, it may be suggested that il the
Legislature can give pensions To veteran
soldiers and sailors, it may grant them ON
condition that the pensioners shall render
such service to the commonW rallh or
to its cities and towns. as they can;
that they may be empl ed and paid
wages or salary, partly in con- 'rraton
of the services they render. ard partly as II
recognition and reward for the services
which they have rendered To the connun-
wealth in the past.
I'VE are of opinion that sects. and & of
the statutes of 1898. chap 50l, so far as they
purnort absolutely to give to veterans par
ticnlar and exclusive pr,' 'legcs distinct
from those of the community in obtaining
public Office cannot be upheld as rna"tments
within the constitutional power of the Cen
eral Court. The result is that the commits
sioncrs were not authorized by statutes of
1895. chap. sol, sects. and 6. to place with
out an examination the name Of Edward d.
Bean at the head of the list to be certified
for appointment upon the detective force of
the district police of the commonwealth in
preference to all other applicants not vcter-
ans or women ;nnd that they should he COM
manded to strike his name from the list"
The opinion is by chief justice Field and it
is unanimous. The court holds, therefore,
TINT the veterans preference act, so far as it
gives an absolute preference to veterans
over other applicants for public offices, is
unconstitutional. The office which the pet-
toner made application for in this ease is
held to be public Office. 1t will he re-
membcred that the Legislature passed this
act over the veto of the late governor Green
halge.