New-York tribune., 1900-05-03
THE CIVIL SERVICE LAW.
JUDGE MARTINS DECISION AS TO CHOICE
OF ELIGIBLES.
A NEW RULE PROBABLY TO BE PREPARED
GROUNDS OF THE DECISION

GROUNDS OF THE DECISION.
Albany, May (SpeciaD.-The Court of Appeals
decision yesterday that the part of the White Civil
Service law which limits the choice of the appoint
ing officers to man at the head of the eligible
list of a State city Civil Service examining
Board unconstitutional read with keen
interest by all the State officers and heads of State
bureaus to-day. Inquiries regarding the decision
came pouring in from the various cities of the
State
Politicians generally thought that the decision
would give them a better opportunity to secure the
appointment Of their friends office.
NEW RULE TO BE PREPARED.
The statement made at the office of the
State Civil Service Commission to-day that this
Board would meet In New-York Monday next
and would probably prepare rule, for submission
to the Governor permitting the appointing officers
10 make a selection from three names instead of
one on the eligible list. The Black Civil Service act
had two eXamina tions by the State for merit
and one by the appointing officer for fitness"
The series of marks were then added together
and the appointing officer selected the man who
had the greatest number of marks. Thus under the
Black law the at the head of the list
selected. The White Roosevelt law OF 1898 provided
that the appointment should be made from the
head OF the list Of those who had passed a COM
petitve examination.
Judge Martin wrote the opinion OF the Court Of
Appeals. In this he says that the position of super
intendent OF streets of Binghamton became vacant
in February, lS9a and in the following April the
Municipal Civil Service Commission certified to the
Board Of Street Commissioners the names of three
persons appearing upon the eligible list. Upon the
list were the names of three men named Bales
Balcom and Seabury. Bales stood highest. Balcom
next and Seabury last. Balcom and Seabury were
both veterans CT the Civil War and such were
entitled to preference over Bales. Judge Martin
says
If the Civil Service Commissioners have power 20
certify to the appointing officers only applicant
of several who eligible and whom they have
by their methods. ascertained to be fitted for
particular position and their decision Is final or IT,
where more certified. the one graded highest
must be appointed, then the Civil Service Cornmis-
sion becomes and is the actual appointing power
To reach such a result. however. it must be held
that the word appointment used in the Con-
sttution Is not to be given its usual and ordinary
meaning, but may be so limited and restricted to
leave in the local authorities a ministerial
duty, with discretion choice. RESPONSE
Such construction would completely nullify the
power appointing city officers upon the local al-
thorities Of the muncipality 4 fair reading of the
right of. appointment of necessity, involves the
power OF selection and the exercise OF discretion
it be said that the right exists If the act Of
1t by the Special Term; then the local authorities
designated by the Legislature to appoint supern-
to name the person graded highest In other words
the authorities in which is vested by the Consti
tuition the Civil Service Commissioners.
Moreover. by Section 10 of the act of 1899 if the
Mayor for any fails to appoint municipal
Civil Service Commissioners the right to appoint
them is conferred upon the State Commission until
the expiration of the term of the Mayor then in
office and until their successors appointed and
qualify The State Commissioners also
thorized remove any municipal Civil Service
Commissioner for Therefore, there may be
circumstances under which the selection of all the
appointive officers of city will be controlled by the
State Civil Service Commis sioners, and thus the
people and the local authorities of the municipality
be deprived Of any voice in the selection of Its
officers.
/ fancy it would be difficult to imagine a con-
struction Of the Constitution which would more
completely surprise the inhabitants of the various
municipalities political divisions of the State,
that would work greater injury to fair and proper
Civil Service reform, than one which should hold
that the principle OF local selfgovernment for the
cities villages and other municipalities of the State
has been far abrogated by the amendment OF
1894 that the power of appointment of their local
officers may be transferred from the local authori
ties a centralized commission of State ap
pontees. and thus the principle of local sef-gov-
When the Legislature has by statute undertaken
deprive the local authorities OF all right OF
lection and appointment, it has exceeded its con con
Stitutional power and the act is clearly in conflict
with the provisions of the organic law and invalid