New-York tribune., 1901-07-06
POLICE CHARGES UPHELD.
PROMOTION OF CAPTAINS BY OLD
BOARD ILLEGAL. CIVIL SERVICE
COMMISSION FINDS

Reform Association that there a violation of
the Civil Service law and rules 'fn the manner Of
rating the efficiency character and conduct of can
didates for promotion from sergeant 10 captain in
the Police Department of New-York City and in
the selection Of candidates for promotion" This
complaint made December %. 1900 and the
investigation made in April last. Mr. Birds
eye also made public the following statement by
Cuthbert ". Pound. of Ithaca the acting president
OF the State Civil Service Commission:
The report a lbs o sustans the chargss S fs
Civil Service Reform Association that such PRO,
motions were made in violation of the spirit. If
mends that the municipal commission take such
action in the premises as the facts require and the
The purpose of the investigation by, the State
Civil Service law gives to the State Commission
the power TO conduct Investigations and subpoena
nection with all matters Affecting the Civil Service
The municipal commissions have such powers.
swer under oath, although after January l, 1902,
bowers nder , y yavisnd bapa va" On the other
hand. the matter being local. the remedy is in
Of Of the sd cy Of 'Ns aofs5 ana 'e s
The Civil Service law imposes upon the State
Commission the duty of making a report OF Its IN
vesugations 10 the Governor The State Commits
remove sT muncips @ pcomnssoners afteT hearing
on charges for violation of the law. In this case
pal cGn'iss9n up to the present time nsties e the the
municipal commission. such commission has the
apparent power to cancel eligible lists for fraud
tions made therefrorn. The validity of such rule
Is questioned, and the exercise Of such power by
the courts by the persons who have obtained ap-
BE lists on the ground that the municipal commits
sion has $ no power to hear try and determine the
rights on an ex-parte proceeding
the abuses found to exist in this would appear
TO be taxpayers action to restrain the payment
as result Of such examination The State Com
mission and the municipal commissions in the
a
limited jurisdiction. and have general equitable
where the law does not explicitly empower the
reef In order tbaf the persons m nerested in be t
enforcement of the law might before institutng
Commission consented to exercise its authority as
above stated.
PROMOTIONS DECLARED ILLEGAL
The report of the commission is summarized in
the following findings:
First-That the Police Board delayed the holding
tain under the Civil Service law for two years.
frary bv the assenment me f fayoreS sereants as
aging CAPTAINS WITHOUT n,, any exam exa9nation
seT specifically the questions on the certificates Of
hut having arbitrarily and without regard to rec
oTds or TO the reports of immediate superiors and
great number of candidates who were not person
ally known by all the Police Gommssoners deter;
rate as excellent. and what general term they
sideration TO the various traits of character AMI
& al & as TO @ Which 1e5 SPeSc & inquiry
1ectve 10 answer all the questions, so far as any
ence TO the separate subjects covered That this
was violation Of Rule 81, in which the questions
Of examination and contrary to the purpose Of the
commission IN TeeurlIg ms cerhcate ana was
ThiEd.That bird, the Police Board. after informing
schedule of six .,, adjectiyes. e 'Excsllent" VERY
rating the certificates arbitrarily and without the
knowledge of the Civil Service Commission divided
lent. Pair and Poor Bv this action the Civil
Service Commission was misled in their rating and
the final standing OF majority Of the candidates
Fourfh-That although l73 sergeants applied for
the competitive examination required by law. only
those personally known to the Police Commission
ers. those whom they desired 10 promote, received
the rating Excellent: and those who were un-
known were marked Fair" regardless of their
IT, and that those whom the Police Board did not
wish 10 promote under any circumstances-am
them a number OF veterans-were marked Poor -
THE CONSTITUTION VIOLATED
FIfth-That although the answers to the ques-
tons certified by the Police Board to be based
'on records and reports in fact they were based
almost exclusively on the personal knowledge OF
the Police Board and in m any cases were in direct
sixthHThst the Municipal Commission was in
error in accepting certificates which We're not
and attaching fixed weights the ratings of the
hooe Wnen st the frq Pc eh oaTS bsd
falsely certified that they were based on records
issen in their rating did not give due weight
to seniority. as is required by the law. and gave
evidence Of efticiency. character and conduct.
Seventh-That the result of the foregoing sections
sion was that competition was set asioe; and tnat
etantiaiy fixed the status Of candidates upon the
eligible Lists y Thst hat This 9hfGn eh of
ppointmegts and PROMOTIONS IN IN the, the cdyil ser
Thereof incudins cities and villages shall be made
according merit and fitness TO be ascertained,
as far as practitable, by examinauon which so FAR
Eighth-That the motive of the Police Cornmis-
sioners in conducting an unfair and Illegal ex-
sioners Sexton and York that the promotions TO be
made were dictated by individual members. in pur.
this division based on the political or other
Tenth-That the promotions made by the Police
violation OF Section % of the Civil Service law.
In the body Of their report. the commissioners
go deeply into the political nature OF the appoint
rnents by the Police Board IN December last and
say
TO explain number of single cases in which their
rating did not at all agree with the evidence Of the
that he knew him personally, and knew his record
and something Of the charges against him. Ser
eeant Churchin was marked excellent" in spite
gan Gl was marked fair because the eomnissoners
e S eT enTa run IF hs 0er aDGu IN 5 nm
Sergeant Ivory. with an admittedly good record
Gray was rated fair by Commissioner York be
plication he was re-rated by the Police Board as
excellent Comnissioner Sexton. confrnted
ersohaIy rs Lsntry was rated exoeilent ld and
later was promoted on senton5 nomination Ref
DIVISION OF THE sPou1s
Although the municipal p cqmmission % 10 was misled
,n,sT The n n dilatOrV N he