New-York tribune., 1901-06-11
POLITICAL REMOV1LS.

The decision of the Appellate Division by the
rule permitting removals in the classified ser
vice only after an opportunity has been given
to an accused person to answer the complaints
against him, and on the filing OF a true state
ment of the cause of removal. is invalid should
most certainly be taken for review 10 the Court
of Appeals. So far this ruling stands un-
modified by legislation. the safeguards of the
merit system are thrown down and the spoils-
men are enabled 10 circumyent the intent Of
the constitution. Three justices of the Appel
late Division hold that the Civil Service rule Is
a substantial limitation upon the power of re-
m0val reposed i'm the heads of departments by
the city charter. while the advocates of Civil
Service reform contend that il Is merely rea-
sOnahle regulation of the method of removal
absolutely necessary to make effective the Civil
Service law. in accordance with which the pow
ers granted by the charter must be exercised
The Court of Appeals in the Percival case
declared that the rule, far as il limited re-
mOval of officers created specifically by statute
was invalid. since their tenures under the con
stitution were otherwise determined but the
Court of Appeals at that time definitely de-
clined TO consider the status of subordinates
with reference to the rule. and the present de-
cision of the Appellate Division is. we believe.
the first judicial construction of the law as it
relates TO the removal of subordinates They
occupy very different position from statutory
officers. The constitution establishes the merit
system primarily TO regulate their entrance into
public employment and protect them when once
in IL. The constitution fails TO accomplish its
purpose If the spokesman by removals for po-
litical causes, can undo at one end OF the line
what examinations do at the other. Some regIl-
lation of removals is therefore essential
to the perfection of the constitutional merit
system. and if the Court of Appeals should
adopt the view that prevailed in the Appellate
Division this phase of the subject new leg
islation might have to be sought to prevent the
practical overthrow of the merit system when
ever removals of subordinares are regulated by
Civil Service rules instead of by statute.
The Civil Service law prohibits removals be-
cause of political opinions or affiliations. 1t is
argued. with good reason. that this provision of
the statute is an absolute nullity without such
a rule as has just been set aside. Unless rec
ord is kept of the cause of removals there is no
possibility of telling If subordinates are thrown
| out of office at wholesale on account of politics
The rule does not infringe the liberty of an
| official TO do right, il only limits his power 10
| do wrong in secret. For any reason or whim,
| apart from politics, he can remove arbitrarily.
/ The complaint may he trivial, the defepce may
| be complete but he can act without appeal, pro-
vided only he is willing to put on record and
| submit TO public opinion the character Of his
act 1t may well he argued that however con
| yenent secrecy may be 10 official seeking to
| eyade the law and remove for political reasons
| safe from detection. such secrecy is by nc
| means necessary or proper attribute Of office
| Regulations which make official actions mat
| ter of orderly public record according TO a
| definite procedure, but still leave the official
| absolute power TO take the action he desires
| would seem 10 be not limitation upon his lega
| powers hut merely an instrument facilitating
the proper exercise of those powers by sharply
| marking the boundary between what he may
| do and what he may not do. under the law, anl
| keeping record evidence of the legality OF
his removals long those removals ar,
legal.
Fortunately for the future of the merit sys
tenn in this city, the regulation of .1emova
after next January WILL under the new char
ter come not from Civil Service rules but from
the law The charter provides:
| son holding position in the classified municipa
| Civil Service subject TO competitive examina
| ton. shall be removed until he has been allowe
| an opportunity Of making explanation; and Il
every sAse OF removal the true grounds thereo