New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-05-18
NOT A LAW FOR THIS CITY.
MR.. wHALEN's DIcrUM OF THE NEW
CIVIL SERVICE MEASURE.
~ IT DOES APPLY HERE he SAYS IT is UNCoN-
sTITUTIoNAI. BECAUSE THERE WAS NJ
MAYORS HEARING on IT.

II IT DOES APPLY HERE. he SAYS 1T Is UN'ON-
sr1rurIoSAL BECAUSE THERE WAS NO
MAYORS HEARING on IT.
cornorat,on Counsel Whalen sent an elaborate
opinion TO the Municipal Civil Service Commission
Yesterday deciding that the Civil Service Id"
passed by the last Legislature was unconstitutional
on the ground that 1t violated the principe OF NUNS
rule guaranteed by the city charter MI "ha'."
holds tina, the act Is special legislation put up IN
the form OF a general act with the purpose OF eVao
ing proysion OF the State Constitution which re-
oures that all local and special city oils must be
submitted to the Mayor for bis approval the CNi
Service law OF last winter was not 50 suom''.eu
Therefore. Mr.. Whalen says. advising the civil Ger,
vice Commission It does not apply to Newton
City, and ne adds
7, "a vour duty TO proceed with the administration
OF matters conded 10 you II the statute mao no'
been passed And OF course inc Sd inv state
Board. and need not submit 10 that oody your ru'es
and regulations
II Is believed that the opinion OF yesterday was
n-epared su,pIy TO give the Controller tho author
i,v he needs 10 90 on and pay the Tammany officials
holding places In defiance Of the law and the STATE
Boards rulings. Mr. Whaen answers only TWO
questions Of several asked by the Civil Service COM
mission. The first was:
Can the charter he amended as to It's Civil Ser
vice provisions indirectly without giving the Mayor
his constitutional right of accepting II or nov IN De-
half OF the city!
tnC the section OF the Constitution requiring the
Mayors public hearing OH local bills
The intention of the section OF the Constitution
!ece "a very c gg1 local matters to the people and
chief executive Of the cities affected 30 that lneis
ss hs9 nd ba sn after Ss S
executive officer of the municpaity may aC' .! az
City law can be enacted until all the procedure re.
Qured by the Constitution has been naa r,oos,ion
which is not quite an easy answer, is whether
or not Chapter lS6 OF the Laws OF 1879 Is spe''a
Ii will be remembered that at the time OF the en-
OF this law there were Two ana Two S Hs
One was the general system rounded on the act VI
1885, under which the mayors or al inc cSes III , me
State. except the city of New YORK actea win .n
aid OF Commissioners appointed by them IN regaas
to the Civil Service Of the cities THIS system was
cept in the city OF NewYork. no charter Provisions
which conActed with or were Inconsistent with the
general Civil Service law OF 1888 - =.
As part of the general State system the law OF OF
marks TO be awarded for merit and fitness by Chap
ter 4cs OF the Laws Of 1884, commonly known as Ile
ned the State system on a single point, and did not
repeal but. the contrary, re-enacted the PROV
zion compelling submission OF rules. etc. 10 tne
State Civil Service Commission. Under the law OF
1882 as modified ny the law Of ~ 1Tlv FOR
every city in the State except the present city OF
was confined TO New-York City alone, and by the
sections of the charter. which are familiar TO you,
established also complete in all its parts and re-
quirng aid whatever so far as the examination
and certifca;ion well the general adinlnstra-
ton OF the Civil Service OF the city were concerned
from the law affecting the rest OF the state,
There were therefore. at the time OF the enactment
of Chapter ~; of of 1928. these two com
es;s bower the in Se civil Service law
1853 and the Black law of 1897 10 regulate every city,
except New-York. in regard 10 its Civil service ana
also special system In New-iork CITY: olHereht
not only In the fact that the approval or It's regua-
tions etc by the State Civil Service Commission
was not required but bearing in every line marks
~ the intention Of Legislature to give 10 the
city Of New-Yor in this in every other respect
real home rule unaffected by the needs or wishes
Of the other cities in the State
II will be at once seen from this statement that
an amendment affecting the act OF 1883 might be
most general and sweeping IN scope and yet leave
untouched the special system Affecting the city or
New-York alone. H..
If the act of 1898 is be held TO apply to the city
Of New-York we find that on the vital point when
affects the city. Il affects no other city, "
works a revolution In the Civil Service system OF
the city and does away with home rule ana RENTS
20 the discretion of the State Civil Service Commits
nicinaI Civil Service Commission rules and regua-
lions. In other words. the home rule go aborlonsy
acquired by the citizens OF New-York Is at once de-
stroyed In its most vital aspect and II Is DE-
stroyed by the statutory provision when. as mas
been said affects this city and no other.
The Corporation Counsel answers one other ques-
tion Does the charter exclude the city from the
operation OF the ac?" He replies that II the act Is
not unconstitutional II because II Is not applicable
10 the city, and the city is excluded from Its opera