New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-11-14
A SURPRISE FOR TAMMANY.
WHAT THE NEW CHARTER SAYS ABOUT
THE civic SERVICE.

!.
rTNcrros BETWEEN MERIT AND
FITNESS" WOULD BE WIPED OUT
~ GREATER NRw-yORK-
A surprise f. ir store for those adheren" VI
Tammany Hall who are counting or the easy
footing OF all the Offices In the greater Nc"
York through the operation OF the Ahu-o'n.0,
Civil Service law which Governor Black drafted
with his own hand and succeeded In getting 'ne
LEGISLATURE TO adopt. The essence OF that law y
tba son,ratjon az the examinations for merit
from those for fitness" and the placing OF the
,,ttor under the direction Of the heads OF de-
oartments and other officials heving the power
Of appointment
Since the election resulted In the sweeping
,riumph Of Tammany Hall there has been some
talk Of the carly repeal OF the Black law. ana
4, Is not improbable that one OF the hrs' o'iie
introduced at the coming session VIII DO one
providing for wpng 1t from the statute-oooh
and re-establishing the system In force pelors
the discovery was made in the Executive Man
sion at Albany that O distinction could os
drawn between merit and fitness.
But so far as Greater New-York Is concerned
Il will not be necessary TO walt Tor the repea'
Of the Black law for Civil Service reform 10 De
established here Oh a sound basis The char'er
Of the enlarged city became law ABOUT eieFeh
DAYS before the Ant-Starch bill was signed oy
its author and the charter has something to say
on the subject of the Civil Service that Is un-
commonly interesting at this tuncture II pro-
v,des, in Section 1873 for the appointment by
the MAYOR Of Greater New-York of three Mu-
nicpal Civil Service Commissioners. who shall
rrescrihe regulations for appointment TO and
nromotions IN the Civil Service and In the fol-
lowing section says
Such regulations shall. among other things. pro-
First-For the classification Of the Offices places
and employments IN the Civil Service OF the SAID
city.
20 ascertain the fitness OF applicants FOR appoint
p,ent 10 the Civil Service Of said city
THE CHARTER THE GOVERNING ACT.
II will b noted that fitness only is referred
10 here and that no mention is made OF merit
Tho first inference would be that this provision
is Of no effect !nasmuch as the Black law,
passed subsequently,. would naturally repeal the
charter wherever the two statutes coniicted.
But the charter itself provides against this. In
Section 1911 the following unmistakable Ian
guage IL used:
For the purpose OF determining the effect OF
this act upon other acts, and the effect OF other
acts upon this act. this &C: shall, except as in
this section Is otherwise provided, be deemed to
have been enacted on January l. 1893. This act
shall take effect January l. 1893: provided.
however. that where by the terms OF this act
an election Is provided or required TO he held. or
other act done or forbidden prior to January /,
$685. then as to such election and such acts
this act shall take effect from and after Its
passage and shall be in force Immediately. any
thing in this chapter or act 10 the contrary
notwithstanding
IT he udc M NYpll-iOfOrned
whose attention has been called to this subject
the Civil Service, under the charter. will be
practically established the old basis on Janu-
airy l next. and the Black law Is repealed as re-
spects the coming city Of New-YOrk. One
lawyer, who had examined the provisions OF the
charter and OF the Black law with considerable
care, expressed this opinion yesterday:
This will doubtless he a question for the
courts 70 pass on. and I am not yet prepared
10 say positively that the charter will supersede
the Black law al the beginning Of next year.
But that is certainly the impression which l
have formed from such examination of the
statutes I have been able to make. Before
passing a positive judgment, however. should
like 10 look UP any decisions that may bear
the case do not know at the moment whether
there are any such decisions or not There
seems 10 be no doubt from Section 1Gl1 that
visions referring to electons-s TO be deemed
as having been enacted on January l. 1898. and
II follows that the provisions OF the charter on
the subject Of the Civil Service must supersede
the provisions of the Black law which was en-
acted last May
FITNESS" ALONE MENTIONED.
1T Is both interesting and significant IN my
opinion that the charter specially and In terms
provides that the Civil Service Commissioners
10 be appointed by the Mayor of Greater New
York are to conduct examinations to ascertain
the fitness of applicants for Office. OF course.
this point In the charter was lost sight Of when
the Black law was drawn and forced through
the Legislature a few days after the charter
passed I am not sure but that under the
provisions Of the two acts there will have to
he examinations for both merit and fitness but
if so both VIII have to be conducted by the
Civil Service Commissioners. in fact. that Is
what Is done now IN bo.h NewYo and Brook
Ign. the heads OF departments having author
ICED the Commissioners TO conduct the eXamina-
lions for fitness. The fact that this was done
ahows the uselessness Of the provision made by
the Black law for such examinations by the
appointing powers. and can be effectively en-
ployed as an argument in favor Of the repeal
Of the Black law. IL II is thought advisable to
take such action.
II am assuming that there is an honest de-
sire to carry out the spirit Of the Civil Service
system. Under the Black law, X the appointing
officer rates applicants for fitness, 1t is possible
for him 10 make such ratings TO insure the
appointment of just the men he wants. provided
OF course. that they have been rated sufficiently
high by the Civil Service Commission in point OF
merit to get the eligible list"
Alexander L. Orr. who has been a member
of the Civil Service Commission in Brooklyn dur
ing the Last four administrations and chairman
Of 1t for the last three, when spoken to on this
subject said that from his reading OF the char
ter he had reached the conclusion that the Black
law would be superseded by the provisions Of
the new charter.
Il am only a layman however" he added.
"and / suppose this is a question for lawyers
mn oWEIIS