New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-03-24
RLACK'S PLAN CONDEMNED.
COMMISSIONER BURT RIDDLES THE NEW
CIVIL SERVICE Law.
HE SAYS ITS OPERATION HAS SHOWN THAT II
OPENS THE WAY FOR FRAUD AND FAVOR
rrrsM-THE OTHER COMMISSIONERS
TAKE TIE OPPOSITE VIEW

worth OF the new Civil Service law, which was
adopted by the last LEGISLATURE at the sohci'auoh
OF Governor Black This made evident to-day
by the presentation OF the annual report OF the
Commission 20 the Legislature The report Is
divided into parts. n majority report. signed oy
Commissioners Cobb and Lord. which speaks well
OF the new law and minority report. prepared
by Commissioner Burt. the Democratic memoe''
severely crucisng the new statute
Tho majority report says that the rules necessary
o. o,4ra,e the law were not finally prepared and
snnroved nv the Governor unit! July Of last year
and continues: ,,,
..Inasmuch however as II was deemed Impossible
N hold new examinations IN less than six weeks
from the time the rules went INTO erect 'he
old eligible lists were voted operative until sep
TENDER Is Since that time examinations unoe'
tho new law have been held throughout the state
and all the requirements promptly met AS crcunl
etances therefore. have as yet allowed ohly Gun"
naratiyely short period for ascertal'ing 'he prao
teal workings of the Civi! Service law as suppie
men,ed obviously IT is stii experimental But such
results as have been ALREADY obtained fairy ihocae
no, only maintenance OF constitutional requirements
I'M, faithful Civil Service administration OF S'd'e
affairs BY the cooperation Of heads OF depart
ments themselves vitall interested, even increased
nract,cabity and efficiency have been attained.
REVIEW OF THE OLD LAW.
Commissioner Burts minority report is al
dressed 10 the Governor through whose hanos II 10
oil cd LEGISLATURE
sons for disagreeing with the majority report:
",Jav,ne had for over thirty-hve years somo ex-
,a-Ance in the Civil Service and in the methods
adopted FOR It's regulation | reached certain con-
illusions as TO the existence OF abuses IN tha' ser
vice and as TO the mos; feasible method OF reihoN-
ing them This method. so Ear as principles are
concerned was that embodied in the law OF TINS
S,a,e and the rules under il as they stood before
Nav Is 1897 The amendatory law passed Oh ''a'
date was in many respects signal departure ilO'
the fundamental provisions OF the antecedent stat
ute While | did not disguise from you my oouo's
n, the efficacy O. the new law, sedulousIy hiued
YOU as indeed my official duty. IN drafuhe
rr,es for its administration and enforcement. and
endeavored SO far as could TO insure 'alr trlai
of the law and rules. have refrained from any
nublic criticism or comment upon the results OF
this trial until now when It is my statutory DUTY
as a member of the Commission, 10 report 10 YOU
wbo have upon all occasions freely accorded to me
-hA privilege OF an independent and candid e1-
preston of opinion ,,
THE avowed purpose OF the trainers OF 'he Wv"
Service act Of May 10. 1881, was 10 secure more
effective enforcement OF the ninth section OF the
9TH article OF the Constitution enjoining appoint
rnents for approved merit and fitness. THOSE VINO
had given any special attention to that prahch OF
nublic policy known civil Service REFORM sa"
in advance that the proposed law would not serve
the declared ends of its supporters
The movement in this country for CIVIL service
NJ that wear found Judgement in a brief but COM
prehensve section of a United States statute SUD
eeouentiy enlarged and amended by the act OF jan
uary lS 1895 and May of the same year an
almost identical law. mutats mutandis, was en-
acted in this state. All Of this legislation was
based upon the universal experience IN all countries
and times that as general proposition. 1t is I'M
safe 10 confer upon administrative oihcers. whefe
they were exposed TO partisan or personal IN
fuences an unrestraned power OF appointment
unsafe because such power not only might be eH-
ercised without paramount consideration for the
public interests but that IN the vast majority OF
cases Il was exercised. These abuses OF power
had produced several evils the most serious Of
which were first. the degradation Of the civil Ser
vice by its subordinaton 10 partisan ends or per-
sonal advantage second the practical exclusion Of
a moiety at least OF the citizens from any par
ticipation In public employment third. the de-
moralization of political methods by the use
OF the Civil Service a means of bribery or re-
ward in party warfare.
IT WORKED WELL
THE objective point Of the several laws enacted
10 curb these abuses was such a restraint Of the ap-
pointing power would prevent. 50 FAR prac-
ticable its exercise for any other purpose than the
public interes:. These laws have been In opera
ton in the United States service for over fourteen
years without amendment. and in our State service
for nearly the same period witnOu, any amend
ments except 10 enforce the provisions OF such
10 confer certain privileges on the veterans OF the
late war The rules under which the laws were
administered. though originally considered tenta-
tive. were never changed
The primary principle o; these rules was the
limitation Of appointment TO the selection from the
three persons standing highest upon eligible list
OF those whose relative merit and fitness above a
certain minimum standard had been ascertained by
an open competitive examination held by the Civil
Service Commission. This Limitation reduced the
opportunities FOR favoriilsn to tho lowest point
deemed possible. since restriction 70 the one per
son standing highest would annu the officers dis
, erection and responsibility Tor the appointment, while
the three names gave Discretionary range that mas
been by org trial approved sum ,ient particular
~ since it was supplemented by appointment, tor a
probationary period only before perfect tenure
given.
1t is an indisputable fact that ,Aa.s was no
general public expression OF dissatisfaction with
the law and the rules they stood before the
enactment OF May l.. 1897. The latter statute has
been IN force in all it's features s.nce September
Is last period of six months during which
Its practical operation has sustained the validity
Of many OF the adverse criticisms upon it made in
advance
The new law rests upon that very assumption
that officers Will exercs" the power Of appoint
ment with an eye single to the public welfare that
existed before any Civil Service laws were enacted
and the results OF which had made such laws
necessary. 1t in terms dnerentiates merit and
fitness qualities heretofore considered as identical
or conjoinod "a: put this differentiation might be ,r
Itself immaterial 1t not made harmful h,
the restoration 20 the appointing officer OF exciu
sive control Of the examination for fitness This
Is great retrogression toward the old patronag,
system since. however, high or low may be tn
marking OF a competitor for merit. II be practi
cally reversed or even nulhhed by the subse
ouent marking for fitness made by the appoint
Ing officer.
The methods o. marking relatively these tw
factors must be taken into account In the exam
nations for merit all the questions propounded t
the several candidates are identical. and these In
,eyeral answers 20 them and all other pertinen
matters are Of perman ent record. and tho rea:iv
values of the several answers are estimated b
persons ignoran: Of tie names Of those whose wor