New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-04-07
THE NEW CIVIL SERVICE ACT.
A SUMMARY OF ITS PRovIsI oNs.
GREATER PROTECTION TO THE EMPLOYEES RE-
oARpup BIZ THE CIVIL SERVICE REFORM
.ceaor rroN AZ A INSTINCT ADVANCE.

GREATER PROTECTION TO THE EMPLOYEES RE-
oARprp By TIE C1vn. SERVICE REFORM
ASSOCIATION AS A DISTINCT ADVANCE
George McAneny. the secretary OF inc Wv" "e'-
vice Reform Association. has prepared summary
OF the provisions OF tho Civil Service act signed ny
Governor Black las; Thursday. This summary Mr..
McAneny on behalf OF the association gave out
for publication yesterday. |: reads as follows:
The act signed by the Governor on THURSDAY, now
Chapter lso OF the Laws OF 1888. T. N" mos' Inpo
TAM measure affecting the Civil Service passed
since lSsi II not only compes thc submission "
nation and approva. Of tho state ioard but 10
sorsnoS with The acts OF iSS3 and 1851 thereby max
Ing more certain the exemption OF the city from the
limits materially the number OF exceptions from
competitive examinations mat may be permltl"i'
where the reasons are stated IN writing and an
opportunity IS offered FOR defence These effects
First-The nc, provide, that all regulations now
existing shall have effect only wlrn approve, sy
rules promulgated on March VIII nor continue In
seS Whdhs or not they We're valid rns The
period up to MaTsh 81 Is nnShcT qq bay. 90
active effect. so far AZ appointments made during
that period are concerned II has been con,ended
by the previously existing statutes. and moreover.
mat the except,oms ron on.s,ons
sun to be settled but II the rules were valid on
Mqreh DO not dO"S, ,9o, q 9ey GonnGCd no be
announced Yesterday would seem to bo void IN
1n ThGrsdas aSsrnooS Sf,cr ' the a., had sen
Sisn.d 1t IL rsdn r fnTh p ma tnsy .ha he
enec. and they were not 30 published until yes
terday morning
There seems to be more Or loss doubt rs to no
prcscn, status OF tho Civl Service Commission
whether IT s 10 work under the former Civ!l service
whether anything ~ al may he done pending ap.
rrovs Inc situation VII cetein,y be- rcs'cd u
The impor,anoe 81 this procodur" has been apparent
ever since the pi'sen; system was established The
cons!stcnt win the system previously existing IN his
these may have been. no resut Of their continued
operation would DO the end 81 Ei,il Service reform
supposed that the State Commission would permit
sueh provisions. al Ieasi. to remain in force
A. syt 90 iss ne" IA" 'e'"'''' S''0" OF tho
The exemption ot tho city from tho operation o,
Tho Black law which tho Corporation com sol lolds
giar%ntced thereon. by The laa.c reqa'r ,he
rules to be no; con-istcni with IN" Constellation
and mo provisions of this arf Il - further pro
,bpS ' pro, VII 'u an Gcr~ "a man he sd b
division OF second section Of til. act provided
. @ a % h Il c r' OF tho 6or, nv
must agree Win tho provs .ons o. the orisina civ
WHERE the latter not inconsistent; I; has oe~n
sneEestcd ;nat andcr ih. arranScmen' r non-com-
ever would no; be tho Tho ~ 1853 per
m','Ta 60, wn,'@ nm I'm
Hfa .ticabl.ity IN sens" BY requiring 'hn' all OK
other cHoris IN ts,e Of extra ordinary cncrsoncy'
non-comps'iiive plan Is obsolete. " ;ac; that the
charter plainly recognizes
Third-S"cton . OF tn" Act % 1853. 20 which all
ru.cs mus, now conform. sets forh tn" general
principles 70 be recognized IN i1"r construction Il
he 80: for.h IN ron9ctfio' Win sum LES sSs
the reasons therefor shall ne stated In tho annual
tha. .xcco,ions from examination have h~cr based
\ specified certain elias
might be Included In thos" exceptions, leaving all
except whore the Commission N rs reports might
prove competition 20 ." not prartcao@ The
dinaies Of any elective ofllc~r tor whose
Nolaiions o. duty sait IN ,ers a'e financially re-
-mpt: officers elected by tho people. the head or
heads Of any departments principals and teach
ny vir,Io Of ,.elr ONE have personal .us,ody
Q; public moneys or public securities. Cor tho SAFE
bonds The deliberate specification ~ thcse c1ccp-
str,ci 20 exclude ali Other ,ia.scs rom tnc *
c"2'cd iis, or at l"a'i % redu'e hat hs' ma
prov" rlass!h"a.lon arranged on any other basis
Tho restoration - tn" competitive list o. subor-
gain. tn superior officer IAN require bond o,
ev"ry nppoinice for whose errors or Violations -
furnish an ndcp Jaie bond may De made ono 81 IN"
qualihcaiions OF appointment Just y. In any. other
rmpovo OF tie Nom orinr pircen in ihc PAN ,.,.
ofirc rom the smDcrlntnrdc1, - tho I"vcs, 'lcr.
Is classified IN the compottl,o class At 'he Gus
ciary ofnco excepted ard NJ no su1-Trcasury even
that high place IS competitive.
II would be difficult 10 estimate tho effect q; tho
eN"mptlng clause Of tho new at with "vactncss.
but K seems not unlikely hat the cvcepted l't
under the city rules TO bc perfectly legal shouid
be reduced 10 about one-'ourth rs present extent
Fourth-rhc new section governing changes IN
excepted list or IN the labor srhcduc-r short. %
cvcry place subject 20 compctitlv" examination.
removals. IN the case of either. IL requires that
the reasons for the action taken shall 10 Med
gvon tho person affected 10 make n defence.
The language OF tho section j. similar that
contained IN the former Consolidation Act with
reference 10 removals ~ regular clerks" That
language has been construed by The courts in
various cases II hns been hold ~ that the reasons
assigned must have TO do with soma derolict!on
fcctng the character or fitness of the cmploye
concerned: 90 that a general charge OF incompe-
tency. without the specification Of particulars Is
insufficient. and 60 that the head Of department
cannot abolish Office merely for he purpose
Of removing ~ incumbent. In order TINT another
may b" appointed TO perform tho same duties.
degree OF protection Is afforded the meritorious
employc His Office cannot he abolished except
where the duties also are abolished. nor can his
salary he reduced except where a reduction Il
tushablc because Of incfiicicncy. or where actual
lack OF appropriations renders the change pcrma-
ncntly necessary. Where reductions made
I'm good faith the courts be expected 10 inter
fere they have intorfered In dlsmissas of tho
same character.
In every poss!ble In securing tho strict en-
forcoment Of The act both with regard to the
necessary revision OF the rules. and the appoint
mcnts and removals that may he med" under them.
In judgment n great step In advance has been
made. and for this Governor Black and tho ma
jorlty In the legislature should be given full credit.
TIE NEW BRIDGE AT NIAGARA.