New-York tribune., 1896-12-10
CIVIL SERVICE MADE OVER.
A RECLAsSIFICATION APPROVED BY THE
GOVERNOR.
IT PROVIDES FOR FOUR DIVISIONS OF STATE EN-
TIOYEs AND ADDS CONSIDERABLY TO THE
COMPETITIVE 1IST-THE GOV
ERNOR's COMMENT On IT.
.pv TrLrGrApn TO TIE TRIBuSE.1


'pY rrrrGrApn TO TIE TRIBuSE1
Albany Dec o-Govcrnor Morton to-day ad-
vanced Civil Service Reform In this state by ap-
proving regulations drawn up by the CIVIL SER
vice Commission ror the examination or appN-
cants for state employment The new regula-
lions will have tho effect OF increasing the NUM-
ber Of competitive places. The NUMBER OF Offices
transferred to the competitive class ~ h"' "'
large as politicians feared 1t would De- ou'
nevertheless n considerable addition is made to
the list The Legislatures seventy-seVeh 'e"-
ate and 40 Assembly employees are exempt
from competitive examination, ana tue ""
regulations will not touch county oiHcers anu
,oe,r empovos That matter 1t was decided
ly Governor Morton. will require lcgsla''o'''
The rcclassihcation was prepared at the re-
ouest of the Governor and 1t provides for four
classes OF places instead Of four schedules
Class | and Glass = have to do with the best
Offices I'm tho State service. Class ) Includes
skilled laboters and places OF minor grade "hich
or. subject to a non-competitive examinations
The fourth class includes unskllled iaporerS'
and provides that they may he empioN'd wiz"
o,ig examination. The first class embraces 'hc
! higher PLACES In the State service Where ap
| uointments NAV he made without examination
ard takes the place Of Schedule under the o'u
| classification. Class takes the place ol "'u
Schedule H. and under this class Is Incorporated
every Mace in the state service for which a
competitive examination is required 10 tne
number OF several thousand. Under the new
| classification there Is no division Tor appo'"'
ments to the higher grade places by non-con,-
| petitive examination as was the case under Ola
Schedule c. Tn" places which were formerly
in Schedule G have been divided between
| Class ! and Class >.
The changes made by tho new classshcation
| compared with the old one. show that li' places
| have been taken from the non-c"mpetiti'e anu
/ placed In the competitive class ana ina f"rN-
one places have been taken from the competitive
! and placed in the non-comretitive class. Inc
other places IN the State service have peen lett
as they were.
The new regulations are more definite In their
! statements Public officers may he held to
greater accountability under the Civil Service
laws through their operation
TIE GOVERNORS MEMORANDUM.
Governor Morton wrote comprehensive
memorandum giving his approval to the re-
classification in which h. said:
Al the same election In 1894 AT which the people
/ OF the state houored IN" with their sunrdge' Tor
the oisce OF Governor revised Constitution was
saSS' g on T' he DAY :" ,nS mGi M d
or.cr one of IN subjects which then for the first
iime found place IN or organic Jaw itltt,' 10 tns
| Till Service. II was provided that appointment
| a.
aud Of all tac civil divisions thereof Including cities
and Villages, shall be made according to merit ana
! ftness to be asccrtained 50 far as practicable. by
exam nation which so far as pra'ucos sn'i oe
isIature to provide for the enforcement OF the
prosifons This embodmen, = Of the principle ,, OF
result Of cxpcriercc based in part upon the Civil
Service law Of this State passed In 1883. and In part
jeci under The National Government There was
also prevailing conviction thar efficiency OF ser,
| vice IA suborliua" a. dministrative oiic"s was OF
more Importance than the political affiliations OF III"
This new constitutional provision has received the
attention ~ our highest judicial tribunal ana has
y Is G"c"r,d to nay nay i1rr"a'hinG riIe"t an" 10
rs H. m , tha vs shn he BASED
! The courts have decided that the laws in fore at
! The time II the adoption OF the new Constitutions
continue and arr available. IN the absence of addi
\ fnriher efTeci Of he clyn Service amendment is
which had been declared NOT subject - It's provi-
! sions. Until the Laws relating 10 this suhic are
iloa Of the Gisi service sysem conrinues availabe.
/ and IT T. the duty Of the Governor from time TO
siou 20 max" sucn rules and regulations AZ may be
doomed proper to put into operation and apply the
provisions OF the Constitution and the law.
Soon after the adoption Of the new Constitution
assuming Jurisdiction Of The Departments Of Prisons
! ana OF Public Works 10 which tn" civil Service law
my administration this classification was ap-
proved II has been since sustained by our highest
In the classification Of the Civ Service is now
| beyond question.
| REVISION OF THE LAW NEEDED
\ revision Of tho Civil Service law is IN my judr-
meni an Imperative necessity II the constitutional
provisions 10 be put In force 70 the fun extent;
and the Commission should he furnished sufficient
funds 10 NEE the Increasing expenses OF the Depart
mcni The machinery provided by the existing law Is
inadequate and jurisdiction has not been directly
conferred upon the Commission to classify local
municipal oilicers so that; while the constitutional
| provision Is in terms applicable 10 al the civil
divisions of the state. he law under which the
Jurisdiction. except over state Offices and indirectly
The present Civli Service rules were framed soon
after the passage ~ the law OF ls ana additions and
then but there mas been no general revision. The
necessity for sucn revision became quite apparent
some time ago. and In July las, | addressed 4 com
municatont2 the Commission requesting the prepara-
on Of 6ody & 9f revlsid rnics WI wn nrw classf,
! t. for consideration. 50 that action could he
taken for the purpose of placing the civil Service
! upon a better business basis ami bringing It more
clearly within the scope Of the new Constitution"
In accordance with that request the Commission
submitted mo proposed revision and reclassih-
! cation which. after consideration and amendment.
il now promulgated under the authority contained in
the Ciyil Service law The Object in view has been
! clear and easy scheme Of administration FOR this
| department. These rules 90 NOT emb9dy radical
INTENDED as a revision and consolidation Of various
general and special regulaon1 LON, nat have been ac-
Judicial construction is SIM needed to solve some
one of which relates 10 the power to determine when
| an examination j. "practicable'-that is whether
| he commission ard the Governor In making a gen
/ oral ci,ssincation may determine this question or
! ,t any other time specifically provide for a given
"a., or whether the Legislature may enact laws de-
a.,i,o maj cx nina ions not practicable
| ,,' nor;i.ul,r Offices whether the final decision
mon questions practcabIliiy rests with the courts
"'ITn ,hn absence of judicial decision or further
,oais, zion constituting the constitutional provision II
l'H.~' i, fnr Inc Commission and the Governor
con'inno 20 exercise The jurisdiction conferred upon
COM nv me law OF 1883 and determine what officers
ny a,,nloves should In their judgment. be subject
,, a. ,rnination n the jurisdiction or the Governor
~ ~ rdN.rninc questions of pracicability be denied
30 90 ,he c"mrs further legislation may he necessary
- conform the administration OF he civil Service TO
su SUB, n dc'ermre when an examination is or Is no;
| proc.lcable.