New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-07-23
| A FAR REACHING DECISION.
JUSTICE BEEKMAN DECIDES IN FAVOR
OF CIVIL SERVICE APPELLANTS.


Justice Beekman In the Supreme Court, yester-
day granted TO John J. Michigan. driver IN the
Fire Department a writ Of peremptory mandamus
directing Fire Commissioner John J. Scahheil 10
restore him to his place. Michigan was appointed
May H. 1896 after passing competitive CIVIL
Service examination When the Greater New-fork
charter went into effect January l. looe ne sun
held his place, and the reorganization OF the
Department he was assigned TO the same place,
with the same duties and compensation
Justice Beekman says that the charter provided
for the appointment Of the Municipal Service Com
mission which was empowered to prescribe and
amend the existing rules subject TO the approval
OF the Mayor, and these Commissioners were en-
titled to enforce regulations for appointments and
promotions in the Civil Service OF the city, land
other cassificatons and examinations therein
These regulations went into effect. with the APP
prevail OF the Mayor, March 5. 1898 and the re-
ators place was one Of those CLASSIFIED as subject
to competitive examination.
An was passed by the Legislature. Justice
Beekman says, which became law March 81.
1s9S requiring the Mayor Of each city In the state
to approve certain regulations of the State Civil
Service Commissioners and these regulations were
only 10 take effect the approval OF the dHerent
Mayors and the New-York Civil Service Commits
sion. This act provided. among other things, that
II person holding a place subject 10 competitive
examination should be removed or reduced, the
reasons therefor should be stated in writing and
filed with the head OF tho Department in which the
person removed or reduced was employed. ana the
employe was entitled to make explanation.
The Municipal Service Commissioners Of the city
OF New-York, Justice Beekman says, prescribed
certain amendments and notifications of the regu
lations adopted by them on March D. 1S,S under
which the place Of the relator classified as
non-competitive one. The changes thus attempted
10 be made have never been approved by the State
Commission
Michigan was removed from his place summarily.
~ ,.tclo, 81 no Of of
lS'S mentioned by Justice Beekman, who says:
for his removal were stated in writing and filed
with the head Of the department in which he was
circumstances. was he accorded an opportunity to
writ Of mandamus restoring him to his place, on
,he ground that he was unlawfuly removed IN
the time Of such removal It had been held by the
Appellate Division in this department for reasons
1895 did not apply to the city Of New-York If that
view OF the law had been sustained by the Court OF
grievance. and the lawfuness of his removal would
not basn Tree rom doubt or b b na c
IN question does apply to the city Of New,York and
charter may conflict with it, they must be deemed
TO be repealed by implication.
ton OF the act the local Civil Service Commission
ers mad the right to change the classihcatioh OF re-
concurrence OF the Mayor on May 10, 1895, and that
necessary TO give legal effect to their action. 1t Is
conended that the intent Of the act OF isc SS was
not take effect until three months from the date OF
Civil Service Commissioners might. with the APP
proval OF the Mayor only, and acting solely under
lations a they might deem proper without regard
to the State Commission 1t, -. -,
l quite clear that the statute VIII not bear
any such construction The manifest Intention d,,2
istraton Of the civil Service laws Of the State
which should be In harmony with me purposes
which they were intended to accomplish. In the
absence of any control the matter IT Is plain
that among the many cities OF the State 10 which
in the regulations established by the local authori-
ties arising of either hostility to the policy Of
the law varying constructions OF It's true intent
and purpose
Justice Be.kman says that the State Constitution
(Article V. Section % declares that appointments
and promotions in the Civil Service OF the State,
and Of all the civil divisions thereof. including
cities and villages. shall be made according to
merit and fitness to be ascertaned so far as prac-
tcabe. by examinations. which, so far as prac-
ticable shall be competitive" and the Legislature
was required make laws for the enforcement of
this section
Nothing could be more reasonable. indeed. II
might be sed. more essential TO tho successful exc
cutiOn Of the policy of the State thus imbedded IN
the act Of 1898 contains, subecting the admlnisra-
ton of tho law 10 measure of central supervision
sion. When. by Chapter 40 Of the laws Of 1851 the
act OF 1873 was amended, making the establishment
Civil Service Of "A city obligatory upon the Mayor.
It required that such regulations and any sub
upon the approval Of the New-York civil Service
city Of New-York except In the short period of
three months Immediately preceding the adoption
With this single departure from the principle, 50
speedily corrected II has always been the policy
of the State that there should be at least this
measure Of control over the local administration
ment the law OF 1898 was enacted the city Of New
sa bR IT'S s Pbe M m IN 9e & Of ns
of the original law, and its rules and regulations
to the approval of the State Commission. What
ever under its provisions any other city OF the
Stete was required 10 do In order to secure
change in its rules and regulations. the city of
New-York became bound TO do. and II the former
| OF the State Commission to any such changes of
| their regulations. as the same existed when the
| under the same obligation. This. It seems to me
was the necessary result of general law intend
exception under uniform system.
the case Of Cities other than the city Of WY
the Legislature intended that during the period Of
listing Civil Service regulations without securing
always been Obliged to do? Plainly not In order
then to support his claim the respondent Is driven
| the Greater New-York charter provisions on the
e the acct VIII 1 sbsR h ne%
| regulations to be finally adopted. But this is
tions. there is such lack reasonable motive for
such a provision that the Court will not by con-
struction impute any such intention to the Legs
lature. But 1t is obvious on the face of the stat
ute that duties we're Immediately imposed by the
act on the C:vil Service commissioners Of the city
OF New-York which had to be performed within
the three months referred to.
Justice Beekman says that this consideration. to-
gether with the absence of any qualification or
Limitation In favor OF the city Of New-York in the
repeating clause OF the statute and the declaration
thot the act should take effect Immediately effect
ually disposes or any claims that the charter pro-
/ visions which were inconsistent with the act re-
| tanned any vitality SO far prospective existence
and operation were concerned for moment after
| Chapter lS6 Of the Laws OF 1898 passed
| He says that the contention OF the Corporation
| Counsel that the meaning OF the Legislature was
| that only notifications subsequent to the rules
and regulations contemplated by the act were
meant and that only such notifications required
! the approval OF the State Commission, is out OF
harmony with the general intent OF the statute