New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-04-26
BLACK OPEN TO CONVICTION
HE WILL GIVE A HEARING ON THE CIVIL
SERVICE BILL.
THEN EVEN If HE SIGNS 1T. THERE IS GROUND
FOR HOPE OF IT'S OVERTHROW IN THE
CoURTs-JUDGE GRAY's VIEWS IN
A RECENT CASE.

FOR HOPE OF ITS OVERTHROW IN THE
coURTs-JUDGE GRAYs VIEWS IN
RECENT CASE.
Albany. April - (SpeciaD.--Governor Black
has decided to give hearing to prominent citi-
zens OF New-York. most of them members Of the
state Civil Service Reform Association, who re-
Gently sent him letter asking him to listen to
certain arguments which they wished to present
in opposition to his bill providing a new system
OF examinations for those desiring to enter the
Civi Service Of the State The day when the
nearing will be given has not yet been selected.
Mr. Black may have had this bill drawn up,
ana he may believe that it Is in the public in
terest, but, nevertheless, as he has shown
great many times since he became Governor. he
IS an open-mlnded man. and willing to accep.
what seem to be strong arguments against any
stand which he may have taken. The men who
believe in Civil Service reform and who also
believe that Mr.. Blacks bill would debase the
public service, therefore have no need TO lose
heart
Mr. Blacks main thought in support Of his
bill Is that public officials like himself are now
prevented from getting the most efficient sub
ordinates in consequence Of the lack Of some
machinery in the Civil Service regulations which
ing and his training for the special duties which
he is TO perform. 1t will profit the supporters
Of the present Civil Service regulations. there
fore, 20 point out to the Governor the methods
by which he obtain men Of this class and
yet not break down the competitive system by
signing the bill now before him. Mr.. Blacks
bill substantially puts in the appointing officers
hands the authority TO choose whoI1soever he
pleases for public employment.
II Governor Black does sign this bill It's con-
stitutior ality will at once be attacked in the
courts Liberal the Interpretation given
Of the Constitutions commands in regard 70
competitive examinations by the Court Of APP
peas in the Brooklyn last week. the Court
did not go to the length of saying that the APP
pointing officer could have the unrestricted
power OF examination and appointment. as NJ
substantially would have under the proposed
new system OF 30 per cent for merit" 10 he de-
termined by the Civil Service Commissioners.
and 10 per cent for fitness" to he determined
by the appointing officer. The Court Of Appeals
said in its decision:
1T is said that each officer having appoint
ments to make could himself examine the APP
plicants for place, and in that way determine
who should be the appointee by a competitive
examination Undoubtedly. but it will readily
lily the Civil Service law and bring it into dis
repute.
1t was a close decision Of the Court in the
Brooklyn case. three Of the Judges-Chief Judge
Andrews Judge Gray and Judge OBrien-
dissenting from the conclusion reached by four
other Judges-Haight, Bartlett, Vann and Mar
tin IL will need a change Of only one vote TO
nut I'D the bars which the Court let Gown by It's
decision Judge Gray wrote the dissenting
opinion. which was not made public when the
majority opinion appeared In the newspapers
Parts of it follow:
The people Of this State have now formally ana
soiemnIy declared the polls that appointment 10
public places shall be made upon me oaslS 81 liz
and fitness To be ascertained so FAR as
- - been EXPRESSED in the most impressive
manner by being embodied in the fundamental law
~ the STATE That IL should be given full effect no
ono viii denv and one OF the questions winch con-
fronts u is whether. the appellants Gontehu, 1t
can only become operative Trough leslsIa'' III,
Visions They argue that the provisions or THIS
ecton slnnlv indicate the principles in accordance
with which appointments must DE mace an. "a s'
being affirmative in character, they are nov se-t-
executing until law IL passed proylding lot some
method OF determination and classIhcdtIoH III a.
cordance with those principles $780, =, - 10,
The argument while having some force IN so lar
a the civil divisions of the State other IMAM ctles
are Concerned where the Legislature has failed to
MAKE A classification or TO provide some adequate
machinery through regulations or DOdtua OF ~
amners fails 10 appreciate the position ana inpe-
rious nature OF the constitutional mandate. The
argument would make Of the provision a direction
without imperative force. This is not the pre-
sumption we may indulge In when We read the
Language and consider the very apparent design 10
rn7ect tho neope against the evil effects OF unfit
ness in those filing subordinate places IN tne pubic
- - 800 w., into eYect II commanded that all
appointments should be made according TO merit
and fitness 10 be ascertained when practlcap!e py
q ,eet ~ cor,netitive examination Every officer
charged with the duty OF appointing his suhordi-
mates in Office. in taking his oath or Once, eound
In f7f0 Of a : X
his power II needed no legislation 10 give toree 70
the commands however legislation might De neeI-
ed I'm order that the appointing officer might be
enabled by the aid Of the proper machinery 10
competentiy fulfil his oath in making appoint
There Is much more in this section Of the. Consti-
tuition than an indication OF the principle upon
which apDointments must be made there IL the
establishment Of a fundamental principle which.
while the constitutional provision remains Is su-
preme law for the State. and which Is sef-execut-
ing in all cases where the legislature has provided
the ways and means for compliance with the re-
quirements.
Finally. upon the question Of the places held by
the defendant appolntees am unable to ma any
were not perfectly practicable to test their merit
and fitness Their places cannot be SAID 10 De OF a
character which makes examinations impraCucaDle
as a mode OF ascertaining the fitness OF applicants
In almost all Of the places In the civil service con
fdence must be reposed in the appointee. and his
honesty is an important prerequisite ana II the
practicability OF competitive examinations were
made depend upon such considerations merely
II would go far 10 emasculate the vigor Of the re-
form Intended to be effected by the constitutional
The disposition should be too liberal in the
construction Of the term "practicable when ap.
plied 10 competitive examinations. The desire Of
the people for the efficient service OF persons Sc
lected for their competency 70 perform them should
not he thwarted by refining away the language in
which that desire has been expressed The dom'
nant idea that public servants should be com
retent for their places. They have solemnly de-
cided that subordinate public Offices in the DEPART
ments Of the civil Service should not be hlled Dy
appoinfments made mere rewards TO polttica! or
personal adherents. but upon the sole basis OF as
certained merit and fitness IL will not suffice TO
avoid It's applicability 10 some places that re-
ouire the repose Of trust In the appointee II
is perfectlv practicable ascertain the fitness OF
nerson 10 be trusted In a clerical or other subOrd
nate position in a department through the methods
of examination provided for by the regulations
The service f. a public and rarely confidential
"a In the case Of private employ ment.