New-York tribune., 1896-05-26
>,s OF EMINENT LAWYERS ON
p,INEs SPECIAL AGENTS.

-pOmDetltlNe
% ~~on by ex-Judge George f. Danforth' OF 'he
c.urt Of Appeals, who now lives IN hoches'er
..-r,an B. Eaton, Elihu Root and Everett +.
.,,.o,,or Of New-York; John G. Milburn, or Buf-
w.. Matthew Hale, Of Albany, and Edward NJ
shepard. of Brooklyn
rortroIer Roberts engaged Mr. Root TO give
ornion on the subject for his official guid-
-. The other opinions were obtained by the
III cervice Reform Association. These lawyers
=. various roads reach the same conclusion
49,, according 10 the Constitution the speclai
MS must be selected by competitive eX-
s,notion. Mr. Roberts believes these interpre-
''.,,ns of the Constitution to be sound, and,
'sorotora. will decline to pay the salaries OF the
s,,,as, special agents or Mr.. Lyman in New
r.,r and Brooklyn, who recently passed non
.~.,,o,,tve examination, while fourteen of their
associates failed.
IYrDGE DANFORTHS VIEWS.
,,so. Danforth was one Of the most eminent
,.,ags. Of the Court of Appeals and is promi-
an, Pepublican in the city of Rochester In his
opinion he says;
IS engage pa,e in the service OF the State They are,
,ss1sioTe public officers and in the public service OF
Sots Nor does IL TO me that they are eX,
mrtsd sT from the rules and regulations OF the Cvl
see law by the statutory t b tina,
sgn sgsnts Of the State Commissioner" The Legisla-
snre however 1t may construe the Eonsttuti3n can-
nSt ne Nay @Y gS And whatever effect these words
have they Gannot the canss e aSens nor their
sSsexsonsby TO the State for its faithful perform
ancs The special agent may, indeed. be me conn
San.isI agent of the Commissioner but nevertheless
his appointment and the duties and obligations i'm
posed give him place In the cvi service 1i ine
must be final. 49,
oHce Of special agent, before his merits have been
sscertaned by competitive examination. would be
Illegal and f9r Tbs ms coSstnio has pre
srribed qualification for that office. and no candi-
date can be eligible without possessing IT,
Mr.. sHEPARD's OPINION.
Edward NJ. Shepard says:
I think 1t clear that the Legislature cannot. by
sny enactment or by declaration that certain 4ncers
are confidential" make them 10 De other man IN
siiuticn is as completely obligatory upon the Iesis-
laiure upon any executive officer. II coInpct-
department be practicable then the Legis Stature had
no right when creating the offices TO place them
without the competitive schedule.
MR.. MILBURN AND MIR. WHEELER.
John G. Miburn and Everett P. Wheeler review
the recent decisions Of the Court Of Appeals in re-
gard to the Civil Service feature of the Constitu-
ton, and argue that it is practicable" to have
the special agents subjected TO a competitive ex-
animation. Continuing their argument, they say:
The best test of what is practicable is experience
The office OF Excise Inspector in the city oi New.
aSd is he sae auoq IS and h
ns TIME G 0 Win fS By
petitive examinations. The character Of nan nan
6r by Us sarsS f sTSHs
snSdds s Ur cSnaena 'O and
those whose character IS not snoTh y 10 De d5W IN IN
ss Fsera az ssrvse and r in h and
T sssS q hSSs hn 4 M Is Ear
n se Of snnddas imam a aYe Of w poa
cafes cat O"fx Expefience shows NAT their Tecomenda
tons are more frequently The result OF good nature e
liberate expression OF the conviction Of the person
tcs o the Eses end "fi iuses means and that
Doons pffi ba 10 ssee hose nS Who are
most fl.
Mr.. EAToNs OPINION OF PLATT.
Dorman b. Eaton in his opinion, takes Thomas
c. Platt to task in the following manner:
In the Republican party the better spirit Of which
dominated the convention Of 1894. there is noori-
Gus faction closely analogous to and strongly In
sympathy with The Tammany faction Of the Demo-
cratic party. and II Is common knowledge that both
Of these factions have been constantly hostile 20
the reform policy OF the convention and that their
leaders have been generally In a conspiracy to de-
feat II. This Republican faction. of which Thomas
I. RdtneS,
Liquor Tax law. and Edward Lauterbach are the
active leaders. largely controlling in the
last Legislature and appears TO be most potential
in the present These leaders and their faction
have been struggling for National influence ana
hope to gain II largely through the prestige of seem
ing to lead the movement for making Governor
Morton President and claiming 10 naEe M ms eiSods
and resources OF Tammany strongly impressed them
with the immense power which those interest9d ON ~
the liquor traffic can exert In party polues: l>ois
Of Leg
those leaders resolved upon the passagc 1i 70 new he
nx .sced SS by fnGne the
liquor-a administration OF the state ana cons, cons
susn tne means OF cOeGns UaS va voters in aid Of
carrying the next and ali subsequent eiections ioI
lature - '
1t provides for sixty special agents who are given
great powers-neqrly al the powers of policemen
svs that Of making arrests They VIII onsndeS 6e aS
Who Belongs 10 the P Pati IL faeton or who shall aid i
sTnsetyely as they viii be 10 untustly complain OF
and pa,,,, tnese agents are an ense inrre party
,nnuense be doubtful or the disgrace of the STATE
Of id iHed? Il Is obvious that every
men ss special agents should be far m,nded uss
~nd interests as the Constitution requires.
THE GOVERNOR CRITICISED
lac Civil Service Commission was captured by the
Hatt faction 1t was the plain duty of Governor
norton to veto the Liquor Tax bill or to send 1t
Nek to the Legislature for amendment II he be-
as'ed that there was not time for the competitive
: uamlnatons required by the Constitution Much
~ be excused from the exigencies and the blind
y Interests OF his situation. but as no legal view
'Vafes 1t shall not speculate as to motives he
~ not have comprehended the situation or the
Ipsltable consequences of his action.
out 1t Is plain, think, that the lamentable ac-
1plance against Colonel Burts protest by Gov
wnor Morton Of the advice Of the Platt faction
m.lority Of the Civil Service Commission that COM
sssssuve examinations were not necessary-in sub
sAnce decision to the effect that all OF the sixty
Sssns may be selected not only from the Repub-
r resh party, but from the Plat faction itselfcan-
.ot ~. prevent the whole proceedings from being
sloss and scandaous violation of the Constitution
sn,ch the courts never sustain The courts
non non 10 be thus defeated by official defiance. aided
VI partisan conspiracy.
Mr.. ROOTS ARGUMENT.
Eiihu Roots opinion which the Controller
Will act, H. in mart as follows