New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-11-21
CHARTER VS.. BLACK LAW.
REASONS FOR BELIEVING THAT THE
CHARTER TAKES PRECEDENCE
FRIENDS OF CIVIL SERVICE REFORM CONF
THAT THE ANTI-sTARCH ACT WILL NOT HOLD
IN GREATER OBSERVATION-DISCLOSURES
rIoNALITY OF THE BLACK LA"
To BE DETERMINED BY

IN GREATER NEw-YoRK-CONoIlio
r1oSA11rY OF THE BLACK Law
To BE DETERMINED BY
THE COURTS
The question Of the bearing OF the I'm .n,,-
provisions Of the new charter OH 'n9 as erst
Starch act TO which public attention was nsd
noa 4, The Tribune last Sunday. mas aIous '
- ,nterest among the friends OF CiVi SCI 49,
-.torro IN the course OF the week IN GENE rho
onnion is held that the posi'ioh 'an1" .,,,.d N
tribune was correct. although some arc ,rro
mink that II is possible for the courts 49, the
49, ,vo acts together instead Of holding Una. VIZ
ano.,or ranes,s the Black law by impnca''o" "
o. &c tho Greater New-York Is concerneu' 5000.
IT, p,ack act became law after 'he p
NJ the charter and its approVai u! VI" e., that
hut the charter itself provides IN Sec'o" - low
u shall be deemed TO have been e"a -, this
- 1898 EXCEPT where by the terms -,
uai! - -. ~, O. nrovided or required to he helo'
- ,hor act done or forbidden prior 10 'a"u"'S -
Ieos :. I, follows therefore. that the ONii Si .
sections OF the charter supersede '"e , 49, or,,
the Black act which undertook 10 nor ..s.os -,
6c,al distinction between merit anu ,, ~
-o,,a,rc that examinations for merit shou'' -
Conducted by tho Civil Service commas IN -
,bose for fitness by the officials haViis 'IC ~
-. ono,rtmen, This Is the position taken W
~. r,an,bers Of the Civil Service REFORM "S'oO'
tiors IN New-York and Brooklyn VINO nave
discussing the question with gooo "o"' "
terest. ,,-
TO TEST THE BLACK ACT IN THE GU n -
=. ,s .xnscted by the way that action Will soon
be taken in behalf Of these ASSOCIATIONS " "'' Wv
conetitutionality of the Black act; and there Is
poss,bility that this law may be repeaIeu oeIoIe
the courts get a chance to express 'heir opllV.
on {, Tho nlan of the Civil Service re1ormers 10
N bring a test case in the courts and they are
only waiting for a case TO be made when VIII no,
be thrown out on n technicahty' out WHY" VIZ
lead 10 a decision on the merits OF inc Ia" CIV.
omen the way for authoritative de'ermhauo'
nv the Court Of Appeals The point which VIII De
s,outlv contended for is that there is actualy no
difference in the meaning of the words merit ana
"ftness' as employed in the revised CONSTITUTION
one being simply an apposive or the o'her' OF '"e
two forming an instance of tautoiosy.
Immediately after the passage OF the Black law
pressure was brought to bear the Civil Service
commissioners of New-YOrk and Brooklyn 10 IN
duce them to proceed with their examinations win
OH, reference TO the new law on the ground thal
II was an mpossiblity 10 draw distinction De
tueen merit and fitness If this had been done. II
would have opened the way for speedy settle
ment of the question of the constitutonaity Of the
Antl-Starch act: but since the heads OF Depart
ments generally consented to have the examina-
tions for fitness made by the Civil Service Com
m.ssioners no test Of the law was made
In few days however. it is the expectation
that a case will be presented to the courts 'ha'
will permit the merits of the question to be gone
into thoroughly. Joseph ii. Choate has consented
10 conduct the case in behalf of the Civil Service
Association.
OPINIONS OF CIVIL SERVICE REFORMERS'
When asked regarding the relation of the new
charter TO the Black law, George McAneny, secre-
tary Of the Civil Service Reform Association OF
this city, said 10 a representative OF the lrlouhe
This matter has been talked over among us to
q considerable extent, and there is no DOUBT IN our
minds that so far as relates 10 the city OF New
York as it is TO be after the beginning OF the year
the Black law is repealed by the provisions OF lIe
Charter The Civil Service provisions Of the char
form, Of course before Governor Black made line the
discovery which was embodied in the law ,h. re
form on an entirely satisfactory basis They pro
to be appointed by the Mayor whose duty win be
TO prescribe and amend subject TO the Mayors
ments 10 and promotions in the Civil Service of the
City; and these regulations are to provide for ex
aminations, wherever practicable. 10 ascertain 'he
I'VE regard it as fortunate thing that only me
lines below the same section provides that 'such
examinations snail be practical in Their GhnrSeTr
test the relative capacity and htness OF the per-
sons examined TO discharge the duties G the POSI- POSI-
obvious meaning OF this is that the examinations
ons to of Se 9G
TO the intention of the charter to provide that the
VICE Uommissioners. inasmuch as they are 10 pre-
scribe and enforce regulations for appointments
"As for the Black law, | do not believe it Will
stand The he test Of me SSqF Se The aem moi to
make distinction between merit and htness VIII
f be Ensn inf Soqis bill
pealing this law, but his task could be made easier
simple I be fH laws ne Of E were el
70 bin dealing WIN III other ser ms mase A he
ton was unnecessary since the power 10 conduct
the examinations for fitness was in many cases ,s
Civil Service Commissions
VIEWS OF j. WARREN GREENE.
Similar views were expressed by J. Warren
Greene formerly Civil Service Commissioner in
Brooklyn, and now chairman Of the Civil Service
Reform Association of that city. Il am Of the
opinion he said. when seen at his office In Broad
ST that the charter takes precedence OF the
Black act inasmuch as it is virtually subsequent
enactment and that 1t is TO be interpreted accord
laws In existence at the time it was enacted II
was enacted prior TO the discovery by Governor
H Meen me; merit and 3ness and since il provides e
examinations by the Civil Service Commission tt
seems T Leave ea mo OF 1HT w9 sets
eIoved in the charter is defined by the further
statement that the examinations S are to be s1sf
persons examined for the offices they seek.
''The Civil Service provisions Of the charter wer
fore the great discovery OF Governor Black and /
seems TO me that they must be construed by tn
courts in accordance with the meaning which vi
TO that time had been ATTACHED to the doub
nhrase OF the Constitution. Everybody then be
iieyed that merit and fitness meant practically III
same thing and as a matter of fact in the ex
aminations for fitness made by the Civil Servic
Commissioners where this duty has been devolve'
upon them as It has been in New-York. Brooklyn
Ruffaio and ! believe, other cities Of the State
they have 10 go over substantially the same groun
covered IN the msri, examinations ami, FIRST held
sioners ought TO have disregarded the Black law. OIL
the ground that II impossible to draw a line be
tween merit and fitness: that would have brough
the matter before the courts In such way that
speedy decision might have been secured on III
merits of the law l believe that the distinction
made In the Black act will not stand the scrutn,
of the courts. and hope they Will soon have 81
opportunity 10 pass on It,"
MR.. PINNEY PUZZLED.
George NJ Pinney. jr., who was tho secretary o
the Charter Commission. manifested considerable