The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-08-31
HEDGES AGAIN D0WNED
MUST HIS MAN M'CARE pass
CIVIL SERVICE EIdM2

MAGISTRATE Crane Quotes an Opinion Dcc,,,,u.
THAT the CHIEF Clerk OF the AcN NJ.
side Court Cannot Otherwise tie Appo,n,..
-Thi- would Nniilry the Magistrates. choice
A special meeting of the Board Of CITY Ma.
istratcs was held last night in tho new w.,
Fifty.fourth street court building TO Consido,
The opening of that court and the appointment,
Of Il chief clerk. Aftor n letter from the Movo,
complaining OF the delay in opening the coprt
had been read, Magistrate Hedges stood up ana
said:
In behalf OF my colleagues. Magistrates.
Pool and Meade, ! nominate Frank McCahe for
tho position Of chief clerk"
Magistrate Crane, who had opposed the nm
p%ointment Of McCabc at the previous meeting.
now arose with a piece OF paper In his hand.
He said:
Il want to call your attention to a point OF
law that seems not to have been observed in
this city, but which is nevertheless good law, II
is that a chief court clerk cannot be legally an.
pointed offhand by this or any other Board Of
Police Magistrates, as has been done. Such clerk
must pass a civil service competitive cxam!nn.
ton and be certified as 1T by tho Civil Service
Commissioners Judge Follett OF the Appellate
Division of the Supreme Court for Syracuse
wrote the decision upon that matter in n case
Of Sears VS.. Toby on July II. 1896. A part Of
that decision reads:
" The clerk of the Police Justice Is In tho
civil service OF the city and must pass a civil
service examination; the position Is not coua.
dential: nor is the clerk a deputy; a veteran /,
entitled TO IA preference The law is very plain.
and IL is useless TO nominate any man for ne
position. l know the chief clerks of oil tho
police courts have been appointed without civil
service examination, but it was not legal
Magistrate Job Hedges, apparently thinking
that his efforts to have McCabe appointed wero
useless, got up and left tho meeting without a
word.
Magistrate Pool said he had been making in.
quiries. and learned that all Of the Police C0rrs
clerks must DO examined by the Municipal civil
Service Board, not by the State. He added that
no eligible list would he available until after
Sept. 10.
1t was decided that the point raised by Magis
tratc Crane should be submitted TO the Civil
Service Commissioners for decision. :,
III the decision be sustained, one OF the Magis.
trat"s said last night, IL would nullity The
amendment to the law passed by the Iast Legs.
latuie creating the three recently appointed
Magistrates. Hedges, Pool, and Meade. giving
them the power to nominate the chief clerk for
the new West Fifty fourth street Court.
Magistrate Brann introduced u resolution
that the new court be opened on Oct. !. II pos
siblc. This was adopted.
Magistrate Simms now called attention TO a
recent wholesale dismissal OF complaints againso
proprietOrs OF alleged disorderly houses in the
Court OF Special Sessions, and Magistrate kud.
Itch offered a resolution that the District Attor-
ney be requested to take one of those cases dis
missed by the Special Session Justices to tho
Court OF General Sessions TO test the soundness
Of the law administered in the other court.
This was adopted, and the meeting adjourned.