New-York tribune., 1896-11-18
SHEPARD ATTACKS PALMER.
HE DECLARES THE CONTROLLER TO hE
AN ADVOCATE OF THE SPOli-S
SYSTEM
rIIli ACTION To DECLARE PRACTICALLY ALL
PLACES EXCEPT HEADS OF DEPARTMENTS
SUBJECT TO COMPETITIVE EXAMINA-
rroy ENDED BRIEFS TO BE
HANDED Up IN DECEMBER.


TIoN ENDED - BRIEFS TO BE
HANDED Up IN DECEMBER.
Edward NJ Shepard finished summing up TOT lic
plain.ffs Yesterday morning in the SUIT oi :" ID.
Ch,tenden and others as taxpayers TO stop the pay
of a number OF subordinates in various usP'''' "
~ tho city government. The action, which mas pec'
ON trial for several days. is based on the proposon
that all subordinate places in the city gov -
should be in the competitive class uhuel 'Iio "
Service regulations when II is practicaoie " '' w "
nv examinations Practically. al. the subordinate
n,aces under the city government are aHecleu ny inc
suit although there are only eleven piaces """ .
a;rocv and the case is therefore one OF tne most
,mportant which has arisen in the courts IN 'ie MS
tory Of Civil Service. Corporation NouIs'' Dun i
reared for the defendants generally ana su'i'e' up up
h,s s,de of the case the day before. Mr.. Shepard
argument Yesterday listened TO py d huioe' Va
,,a n,os, nrominept lawyers in Brooklyn. ana 'he
courtroom was crowded until he had hi'sneN ''o
beran with an arraisnment OF Cont'oher ""'''
who was he said. an advocate oil tic Sio''' 49,
and whose attempts TO evdde the plo''''o Co..
C,vu Service law were many and devious MI ""eP
ard called attention to the fact tha' 'i'e.. -
great many more warrant clerks In the once Vi '.e
Controller now than there were under any ,,
administration. He also said that the warrant ''l"
were in Class a, and did not pass co"pet'N'
smna,ion Counsel contended that he hau pio'
that competitive examinations were prac'c"oe ~ ~
all ,,aces affected by the suit. The people al al
believed that the heads OF departments "e -,
teuptng 10 evade the law in the matter o' |N' ava,
Service examinations and that the pest men "
not be appointed. When they could DC iiiaie Ia Ia he
lleya the other way. then competItioi, Cnunsel
onened TO the best men OF the comm ,i, n
said thai the new Constitution left no 80, h
Inc Governor or the Mayor. Examiilati hill
held whenever they practicable anu p pa az 90
NV was the sole means OF determining the cdss o -.
ton OF places under the city government ' ~
ing Mr.. Shepard said: iii, s,escr,,ics from
:This reform has been pressed with dilnc n
the start The kind of which haS psc, a
scferisric of the Corporation CounSel III 49, ~ IN
the Testimony OF A. r. White, when ne chVo 1oe,rg of
sjnuate that Mr.. White had taken par IN ~ been what
the nuhlic service his term of ohce mas ~
we have been subjected to since the Detl'vh M W,Ga
civil Service While the administrator VI VI, III do
fs fresh in the minds of the people Oh -, make
no. Imagine that Mr.. Burr would VeIrsulS !, oil
swch Statement outside Of court Inr9u&Ei o XIII ~ h a., :
Sowever since It's inception In lscs CNl' I Gei h Ed
Continued 10 grow until now pracucai.y an W. deem
oral service Is within the competitive area. vh, IN
his Nrht is the most important ba tile being ioush ia
eovernment OF the State and Of the city
. civilized government No decision can M iline ~
o widesnread effect as Your Honors hoIelE lii IL
nracticahility L. the sole test OF location u 'u'
nate aces In the Civil Service - c..ro,,o-
Mr. Burr answered briefly dcfenunS III ga ~
Palmer and saving that the new IA" ~
nt. "a he made out In his office for the payment o.
every employe of the city This req1lrSu sm%ov
force of clerks and Mr.. Palmer haa to ma
them The aspersions upon his motives Were uli.'i m ~.
ana untrue The case closed. ana coulacl ar 80
Sand in briefs on the first Monday in DecemDcr. & Ju
tice X eorh compmented both sides on the manner
in which the trial had been conducted.