New-York tribune., 1901-08-31
THE MERIT SYSTEM.
CIVIL SERVICE LAW IN NEW-YORK
STATE.

SkyY By william M NJ MilIeT @ coeH Pres
ident of the New-York State Civil Service Com
mission. svo, PIP. Xiv, 44O. Albany, NJ Y;
Matthew Bender.
The merit system is firmly and compre-
hensively established in New-York than in any
other State of the Union. and therefore trea-
tise on the law of appointments ana removals
in this State becomes in a great measure a
record of the progress Of Civil Service reform
in this country. Commissioner Golfers work
is primarily law book, containing the present
and past New-York laws and the Civil Service
rules and forms. together with citations OF all
adjudicated cases in New-York, with references
to analogous statutes and decisions OF the
United States and other States. AS such it is
extremely useful to officials who have to act
under the Civil Service law. and to associations
and individuals striving for its enforcement
here and for the promotion of the reform else
where Beyond that. however. it is of interest
TO the student OF American government Mr..
Collier is somewhat mechanical in his method,
in some cases repeating three or four times, un-
der different heads. his comments on citations
in exactly the same words. In quoting some OF
the most interesting opinions he fails to tel
what Judge wrote them. or. when there was
divided court, how the judges stood. though in
general he gives this information. But these are
minor defects which do not greatly detract from
the serious value Of the work.
The first Civil Service law of New-York was
passed in May 1883. three months after the
Federal Civil Service law. Massachusetts, fol-
lowed the next year with act based on these
two laws and has enforced the system so well
as TO contest primacy in the reform with this
State Illinois as late as 1895 adopted per-
missive hut not mandatory act for cities, OF
which Chicago and Evanston have taken ad-
vantage. In ten other States some rather rudi-
law hay raSSed
and in two OF them. Tennessee and Louisiana.
the spoilsmen have subsequently secured their
practical or absolute repeal What differentiates
New-York from all other States is the establish
ment OF the system of competitive appointments
by the constitution of 1895. The entire Civil
Service OF the state government. of all cities
and OF the larger counties is classified. and so
far az "practica BILE" open to competition
The Federal Civil Service rules depend on the
executive for enforcement. The commission
may make and the President may approve rules.
but no court and no citizen can force any officer
to obey them, so long as the President tolerates
disobedence. In New-York the commission has
distinct independent powers 10 prescribe and
enforce rules. Instead OF aiding" the execu-
tive to prepare rules, il prescribes the rules.
subject only TO the executive veto power; and
its rules formed pursuant 10 statute have the
force and effect of law. Thus the merit sys-
tenn ceases to be entirely at the mercy OF a
Governor compacent to sposmen; for. even IL
his Civil Service Commissioners should be blind,
any citizen could invoke the Intervention OF
courts and nullify appointments made in viola
ton Of rules Nor could a commissioner with
out restraint make classidcations and exemp
tons for the benefit of politicians, since the con-
stitution compels competition where "practica-
ble," though the courts have been disappointing
in their definition Of what is practicable.
1t is impossible 10 review Mr. Golfers cita-
tions Of cases adjudicated without feeling that
next to the untiring activity OF politicians to
evade the law. this disposition in the courts TO
minimize il is the most serious obstacle to the
extirpation of the spoils system in American
politics. 1t is comparatively easy to put
strict Civil Service law the statute book.
Civil Service Commission, under a city
administration of avowed spoilsmen. will gen
orally make reasonably rigid rules. But the
courts frequently seem TO be dominated by
fear that reformers will gain much. I'm
mediately after the new constitution was adopt
ed the Court of Appeals, by divided vote. re-
fused to restrain the payment of salaries TO GER
tain men holding positions put in the exempt
class-though reformers held they were prac-
tically competitve-on the ground that. they
were in office under classification, they
entitled TO pay even though the classification
was improper and ought TO be set aside. The
Judge writing the majority opinion then laid
down the doctrine of 'practicabity," since
garded as authoritative, though il pure
dctum This doctrine has practically robbed
the language Of the constitution OF its force
permitting arbitrary exemptions in the face of
proof that similar positions competitive
in the Federal service. and even in other parts
of the State city service, and that such COM
petition was, matter OF fact. perfectly prac-
ticable. In the Appellate Division it has been
held that appointment without examination
to a competitive office. when there vas no
eligible list prepared, gave a valid claim for
salary; the ground that the public work
must be done and that the law did not mean
to stop IT, Yet the law made ample provision
for such emergencies, and there necessity
for resorting TO illegal appointment for the
court to leave door open to a repetition of
such appointments.