The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-06-06
PUT BACK AT CITY JOBS.
MORE or TAMMANY'S ARBITRARY
REMOVILS OTERRULED.

The Dismissed Men and Veterans Whose
OHices Were " Abolished" Must he Re-
instated in Places just ns Good as They
Lost-Can Their Successors BE Removed"
II was a sorry day for the city when Corpora
tion Counsel Whalen advised the heads OF de-
partments that the acts Of 1893 amending the
General Civil Service law and the Veterans
act did not apply to this city and that the city
was governed by the charter provisions regard
less Of the new law. The Appellate Division OF
this department held with the Corporation
Counsel in its decision Of the 1eets case. but the
Court Of Appeals in the Fleming case decided
that the new law did apply to this city. and
opened the gates for the ofllcehoders who had
been dismissed on the strength of the prior de-
cisons to apply for reinstatement and all their
back pay. Besides. the city was loaded up with
new men who are protected by the same law. or
who maintain that they are.
John h. Shields. who had served In clerical
posts in the Fire Department since 1878 and
was Assistant Secretary on April |. 1893. was
removed by Fire Commissioner ScanneI with
out charges on that day. He was war veteran
and his salary was $4,000. In his case it was
averred that the office was abolished for econo-
my and that his work was distributed among
the clerks. Justice Chester, who now directs
his reinstatement. Quotes the amendment OF
when the Office held by a veteran is abolished
he cannot be removed from city employment.
but must get some other post al the same sal
The day OF the discharge OF Shields the spirit
OF economy resulted in the apuointment of a
new clerk at $24OO a year. Soon after two
more clerks were appointed IN two more new
clerical places at 800 and $1,000 respectively
year
Justice Chester decides that it was the duty
! < !c Fire Commissioner TO ,oner to shields
to and as IF T With i Ia HS .apo
adjust salary in one OF the new clerical places
to agree with his salary "a Assistant Secretary.
Commissioner Scannell must find notch
somewhere for him at his former salary.
house and an allowance OF $3.50 day for a
horse and wagon. He was removed without
charges on Dec 81 last. Justice Scott holds
that he must be restored to the same place
with all it's emoluments or to place where he
will get an equivalent OF his former salary and
allowances He is also to get arrears Of salary
at the rate OF 81 600 year and the 81 90 day
for the horse and wagon. But the Court says
that he cannot have arrears OF house rent. as
the agreement was for q house and not Tor the
get the house rent vii probably, follow Costs
| of so are also allowed against the city.
James +. Tierney. oil collector in the Fire
Department. was removed on July q last with
| out charges. He goes back. gets his arrears OF
| salary and $25 costs. by decision of Justice
Scott.
John Schoenenberger was removed from the
| position OF Deputy Tax Commi ssioner without
| tice Scott. His arrears of salary will be applied
| for in another proceeding. W it'll more costs.
The contention was made by the city IN most
OF the cases that as the applicants had waited
should be denied. Justice scott says the four
months rule Is not a hard and fast one in man
damus proceedings. and that the men were
justified in waiting to begin proceedings until
n W Y