New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-03-12
THE DECISION BRINGS JOY.
sc,,rn1,1.r A EMPLOYEES PLEASED WITH
THE cRUMMEY CASE RULING.
COURT OF APPEALS DEFINES WHAT ''CONfi-
DENTAL RELATION" is. AND CPhoLDS
THE PLAINTIFFS DISMISSAL BY
THE CONTROLLER.

THE CONTROLLER.
rS .,,r,or NJ tho Court Of Appeals In the case
-, p.hort Crummey reached Brooklyn yesterday.
II brought 10y to the hearts OF those CITY e"'
Moves In Schedule A who consider 'ne'r p'a'e.
40 be confidential as 1t holds the place OF asS's'a"
warrant clerk in the Department df FINANCE ~ 10
q confidential one a.r and
-. IN that his discharge from the place OF ASSIST
. worrant clerk by Controller Palmer was
violation OF the Veteran act. inc No
maintained that Crummey's place was cohnu."a
and quoted the following exception IN 'he 'e'e'"
act: =. construed TO
But this provision shall not 90 or chief
appy 10 dae of any ocdal department; o or
to any other person hoid1ng coi''0
TO the appointing ofncer. 4, ,.,,..
The decisions Of the lower courts were !" 80
of Crummey and mandamus compe""e ~.
instatement was granted. the oeisioi' ~ -,
Court Of Appeals reverses these anu sNos ~
lowing interesting Interpretation OF a cohnoe"''"'
relation: ,o,o.n.s
that Of secrecy and that Of trust ana ne2 bv the
Century Dictionary is relation OF paru of tbe
which one is bound to act Tor me S;msef from
s ac n,r relating to the Of the other sucs
q relation arises whenever con r infeerity of
sepSseI The statute which have under con-
sderation has reference to onic,a nSob.ediy have
hdentiaI ntic;al acts and include not only
those that are secret but those .nt ~ annoint
ing Officer IT, therefore. the statute casts upon
an officer a duty involving skill or in'es,rS % the
i,abitv either personal or on the IErl o. nc
nnncinay which he represents and ne intr raa
the discharge OF TINS uu'y " ""o''
lions become confdentia. ..
Th. on,n,on recites the vast number OF warrants
.ha, the controller is required to pay out ana 'he
important duties connected with the veihyis a..N
an,v.r,ng ~ warrants which devoved upon Crum-
80 II holds these duties to require skill ana
integrity. .s ,ror, thu
opinion of the majority OF the Court.
cornora,,on Counsel Burr was busy yesterday
with the Chittenden case, and couio not DC eeeN
I'M. Assistant Corporation Counsel COOK sa'u .""'
the opinion supported the contention Oh inc w
poration Counsel regarding the conhoentiai CHAR
acter Of this place. ..,..
mi, on,n,on does not touch on the interesting
,.ord "nracticable" in the Constitution or on 'he
important point as to whether the courts Or
ecutive officers are to decide when IL is piac
@icable 10 select thorough competitive eAani''a
zion The point that will come before the Sou''
~ Anneals in the Chttenden case cites the Con-
s,itution. and not the Veteran act ana presents
slightly different question. Tho Appellate D,so -.
held that the place OF assistant "aii"'' 0''" -
not confidential, but added:
prt even assuming that confidential poslnohs
we're within the thought OF the members Oh te
convention II does not follow that every pos''o"
nn,nn,,on connective or otherwise. Inc theory
~ the Civil Service is that all appolntm menus s.a
be made after examinanTn, pnd we have con-
,mded that examination was practicable IN all inc
cases stated in the Judgment
Crummey was in Schedule A. or the non'co"'
There are twelve assistant warrant clerks In the
Controllers office.