New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-05-19
MR.. ALDRIDGE's LIABILITY.
NJ r.
THE BILLS LEGALiZING HIS VIOLATION
OF THE CONSTITUTION.
IF THE GOVERNOR FAILS 20 SIGN THEM AID
RIDGE MAY HAVE TO PAY THE sso.ooo-TEEIR

y
RIDGE MAY HAVE TO PAY THE sso.ooo-TIEIR
coNsTITUrIoNALITY DOUBTED.
Albany May - tSpeciaD.-Among the biiis
that Governor Morton has yet to act upon are
those introduced by Senator Nussbaum just
before the Legislature adjourned. and passed 10
save Superintendent Aldridge from the serious
penalties that threaten him for defying the CiVii
Service law. The Governors action on these
bills is eagerly watched by the friends or CiVl
Service Reform throughout the State, as wen
as by Mr.. Aldridge. who is on the anxious seat
and will be until the matter is settled AS
things stand now. he II. ii is asserted, peFsoha!
liable for about $4,000 and II the efforts OF 'ne
State machine 10 relieve him fan, nc OF MS
friends will have to make good every penn! VI
this amount Mr.. Aldrdge Is not In hhdii''"'
rostion 70 sustain such a loss without serious
Inconvenience. To understand the stuatoh ]"
will be necessary TO review the case brieny'
Before the adoption OF the new CONSTITUTION
the Court of Appeals had held. in the case OF
tho peonle OK rel Killen against Angle dD9
\ ". SGD that the departments of Puohe
works and state Prisons did not come unaer
tho Civil Service law The Constitution which
went into force January /, 1898, had the iolo"-
ing rev provisions Article V, Section ~ APP
pointments and promotions In the civil service
- Tho State shall be made according
10 merit and fitness. to be ascertaiheo' 50 la
as practicable, by examinations. which, 80 la
~ practicable, shall be competitive
II was conceded by the members OF the Coii-
on,,on which framed the new Constitution. as
aupears by their debates set forth IN inc oh'''i
record of that body that the departments y,
Public Works and State Prisons were p'a'eu
under the provisions of the civil service Id"
nv the section above quoted The Cl'i oei''.'
Commission and the Governor We're eVlue"'''
of the same opinion, for on Aprn i'' 1000
o,oss,6cation of the places in these departments
was officially promulgated by the 'oi'i'i',
ven the approval of the Governor dulE at
$500 Tho Superintendent Of State Prisons
acouesced in this classification but the super
,n,endent of Public Works apparently d'd hot
accent II. Although nearly four months n'o
axn,red since the Constitution went INTO eheo''
I'D he had had ample opportunity TO make al
vintments before the classification was ac'"''iiS
made he failed TO fill the many places "''"'
him until after April 10, 1870
On Nav % 1885 the Civil Service Commission
by its secretary, directed communicat''"
the State Controller in which IT caheo '"e '''
ters attention to fifty-one appointments hiaue III
the Department of Public Works after Apii To-
and in apparent violation of law. Under the pro-
visions of Chapter 6S1 Of the Laws Oh io"f II ~
mad. unlawful for the Controller to issue his
warrant for the paymen! OF any one NOT ap
pointed to Office In pursuance Of law and OF the
rules and regulations made in pursuance OF law.
The Controller is personally liable Tor payments
made in violation Of the statute.
When the vouchers of these appontees or the
Department of Public Works certified TO MIN D!
the Civil Service Commission as made In VIOLA
ton of law. were presented TO the Coh'roiier ioi
audit he refused to allow them, ana aiter"aru
one John w. McCelland began mandamus pro-
ceedings 10 enforce the collection OF MS clalHi'
The case was contested in all the courts ana on
February Is, 1896. the Court Of Appeals handed
down It's decision In the Controllers favor This
was great victory for Civil Service reform, as IL
established the status of the new provisions OF
the Constitution Of 1891, and gave 1t a force ana
effect that placed it even above the power OF the
LEGISLATURE to change, the court holding among
other things The principle that all appointments
in the Civil Service must be made according 10
merit and fitness, to be ascertained by compet-
tive examinations. is expressed in such broad ana
imperative language that In some respects IL mus
be regarded as beyond the control or the Legs
lature and secure from any mere statutory
changes II the Legislature should repeal all the
statutes and regulations on the SUBJECT Oh APP
continents In the Civil Service the mandate OF
the Constitution would still remain, and would
so far execute Itself as TO require the courts IN
proper case. 10 pronounce appointments Hidue
without compliance with its requirements illegal.
AS soon as the decision of the court was known
and all hopes abandoned OF obtaining
through the usual channel the pay Tor services
performed in violation Of law, the superintendent
of Public Works and his friends began 10 look
around for some means of obtaining for these
men that to which they were not legally en-
titled, and TO relieve the Superintendent or any
personal obligation which he might have sus-
tanned In the matter. A bill was introduced by
Senator Nussbaum the counsel for McClelland in
49, xJ,,.. leo vi
and confirming the acts of these discredited ap-
pOintees and referring their claims 10 the Board
of Claims to act upon. This bill, though intro
duced rather late in the session, was pushed
through, and went 10 the Governor. II afforded
q remarkable instance of the rapidly with which
legislation Is sometimes effected. On the very day
this bill passed the second house IT was taken 10
the Governor, and he found time, In spite of the
multiplicity Of his duties. TO sign Ii and make 1t
law. But another difficulty now arose. The Con-
stitutioh again obtrude0 Itself among friends
This bill, legalzirg the acts of men who the
courts declared were performing services in direct
violation Of the Constitution. clearly uncon-
stitutional. An attempt was made to induce John
c. Davies, the Deputy Attorney-General In
charge. TO stlpulate an order directing the pay
ment Of these claims by the Board of Claims, but
he refused 10 assent, and the hackers OF these IL
legal appointees were thus driven into another
corner. On April "a. by unanimous consent, Sena-
tor Nussbaum introduced a number Of bills each
appropriating a certain fixed sum for an ndvid-
ual named in the bill Zone Of these appontees)
These bills passed both houses. and now in
tne ndnuS OF tne Governor. SnOuld tney also be-
come laws with the statute already enacted the
spoilsmen hope to be able to pass the Watchdog
OF the Treasury. Whether they will or not re-
mains TO be seen.
Section 10 Of Article III of the Constitution
provides THAT the Legislature shall neither audit
nor allow any private claim or account against
the State. but may appropriate money 10 paw
such claims as shall have been audited and al
lowed according TO law" This provision Of the
Constitution seems TO an unparalleled mind to
have some slight bearing on the case In the