The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-20
ruE CIVIL SERVICE LAW.
.x,rc KEOGH'S IyTERPRETk-
Js ROY or IT UPHELD.
..,.,inte Division su.tai.s uss-i-
fpe--.,, ~. Decision. Tn the case or the
.~.,,st,d B~rookiy. Appointments
- Places They ILLEGALLY Filled.

a,p.tiate Division ssstsis. u.s.'-
fpe--,,, his DecI.io. Tn ths case or the
N...,d Brookiy. Appointments
-. Places They lIeGsuy FINED.
.,p.llste Division Of the Supreme Court
l~ao,Iyn has sustained unanimously the
2 -, ~ Jrs,irc Keogh. which virtually held
If nunlclual EN- ~ployses. with the excep-
:, ,bs M.yor. heads or departments, and
Su, =, TIE Board Of Education. should be
~ e., "a civil service rules. There was much
-..t,rra:ion around the public buildings
..-t.v afternoon when the action OF the
~'.,.lI,te Division was announcer. The suit
y. hrourht originally by some OF the leading
=, .,ryIce rstormers to restrain the city su-
.,,,,.., from paying the salaries OF eleven
~i.r,,- employees whose places. as con-
- had been tran sfcrred ~illexally TO sched-
- on the non-com ~Detitive list. Justice
-. decision. however. was far moro
N..nl,y in is scope. Affecting scores Of other
-.o,..s. as vol as the eleven specified de-
s.I.r,. The decision caused TO BE held up
", or,v III, salaries OF the eleven. bat also
= !, all who had been ap 9ointed-in q SINH
.,.uanner. TIE opinion ot.the Appellate Di'
- :. v-i,tsn ny Justice William W. Good
An and ali his associates concur. Justice
.-u,.l,h quotes the civil service section OF the
....,,a,lol and reviews previous civil service
adams. lie hold, that these two points wero
.,,bllshed on the trial:
-Tr,,-rht; the jral testimony and docu-
..r,ary evidence In this case proved verr
I'll tia. 4. G., practicable to ascertain ~
.,nr.;it!ve EXAMINATIONS t1e merit AMI 1T.
40. a, , psrson to be appointed to each OF tho
,r.ttion, allrd by the several defendants.
SECOND That the action OF the Mayor OF
7rOoslyn in placing such positions In the non.
nnr..i-i-e LASS AMI requiring them to be
siisI therrg-uu without competitive eNami-
s,Jcn Is illegal. ard - such "a ject 10 re-
rev by tbs court.
n. continues
MISUNDERSTANDING: that the several Mayors
,.,r..! the positions In question to Schedule
. ne anp.cumr-tIttNe lass.the evtden e shows
hat IL was prac'itabls To. NJ! these places "
,sitjon, in 'hc sederal Government and in
,Ss-eity " New York. as well a. IN tbs city OF
S-,oNlyr, have rssu SLED after competitive
st,mlnatlous. This appears by the evidence
~ THEODORE Roosevelt. President % the New
y,-k Pole, Department: Errmun- CLARK. sec
,,ry ~ the New fo,k board % Health: Ever
Ct, 2. Wheeler. Chairman Of the Civil Service
Cenn.i,sion VI the clty OF New York: Siln- W.
sp-, member ~ ,he state civil Service Com
-iaion. formerly Chief Naval Oatce- o; the
srt OF New York. and Alfred 7. Wni e. for.
nfrV lONAEA ksNIOufE Va Wy "NEAN III bAbtA-
I'm. and no evidence was even offered 20 con-
,rrtict Il or make IL doubtful. IL appears by
,he evidence OF these witnesses that appoint
gents 10 of'ce similar To those IN question,
yAlch' were made UPON competitive examtna-
rna, wer~ srfiieFfly and satisfactorily nlled.
Ind that com s~etilIye examination. OF canii-
iate. Tor such offices has resulted benesciaIly
p the public welfare. The theory ot
le evil service Is that all appointments shall
= u-te a!te- examination. competitive or
abervise, whenever IL Is practicable. aud we
Me conclui-d shat examination was practical
10 In all the cases stated In the Judgment.
Corporation Couusel Burr. on learning OF the
dziS1n. said that be would hiring the Ase be-
.- he Court OF Appeals nc the earliest posi-
" Mayor Wurster said that OF the
~ odd 3la,es IN schedule A only half a doLea
bad tecn allied BY him. all the other appoint
relts having been made by his predecessors
shclid he Court % Appeals folio the course
Of the other c5urts all these places. be said,
usld Rave TO be tlled by competitive exami-
n1ons.
M. Edward VI. Shepard. the leading lawyer
ir the returiners. said that tho decision was
N ,avo, ot orderly and civilized government
and gave him the greatest satisfaction.