New-York tribune., 1902-01-21
CAPTAINS IN JEOPARDY.
OUT OF WHICH NINETEEN WERE
APPOINTED is INVALID.

The application of Police Sergeant John McNa-
mara for a peremptory writ of niandamus directing
the certfcation of his name the eligible list
a candidate for the place OF police captain by
the Municipal Civil Service Commission was denied
by Justice Leventritt, in the Supreme Court yes
terday.
At the Corporation Counsers Office it was said
that the standing of nineteen newly made captains
was involved indirectly. Samuel H. Ordway. repre-
senting Jacob W. Mack. a taxpayer brought suit
questioning the validity of the promotions Of the
captains. citing many OF the points raised by the
city in the Mcnamara case
Mcnamara says examination was held by the
examining board Of the commission on November 2
1899. at which IS per cent TO be allowed for
efficiency. according to the records of the police de-
partment, and % per cent for a mental examina4
tion. He was second on the list. with percentage
OF S5S1
The marks for efficiency and physical condition
were compiled records supplied by the Police
Board. The Civil Service Reform Association sub
sequentIy complained TO the State Civil Service
Commission that the certificates supplied by the
Police Board were incorrect. The State Civil Ser
vice Commission investigated the complaint and
formulated report to the Governor. with a
mendatiOn that the Municipal Civil Service Com
mission should justice required.
The Municipal Civil ervice Commission decided
that the certificates forwarded by the Police
Board were not correct, and declared the eligi-
bic list abolished The eligible list
celled July Is. 1901. On July s. 1901 Police
Commissioner Murphy requested the certihca-
ton of from this list in order ap-
point five captains, McNamaras name then be
ing second the list The Municipal Civil Service
Commission refused TO make the certihcation. and
ten days afterward cancelled the existing list and
directed examination Subsequent 10 this
cancellation the commissioners certified the legality
OF the appointment of nineteen sergeants police
captains The of these nineteen men, who
rated the payroll certified 70 by the
commission for the month OF August, 1901 were:
John Mcnamara. Michael German, Edward Walsh.
Edward henney, Jefferson Dewey. Edward s.
Toole, James Gorman John Z. Colgan, Lawrence
S Murphy, John Buchanan, John CoOney. John F.
Flood, Michael Foody, Francis s Kear. Edward
a. Creamer and Michael Devanney.
Mcnamara contends that his was on
this list and that the others certified
the payroll by the Municipal Civil Service Commits
rad been placed had been cancelled, his name was
entitled TO be certified for promotion
Justice LeVentritt says that rule Q, which is
limited to time, authority in the Municipal
tion otherwise act where there has been in
justice or unfairness or where substantial Justice
II am satisfied" he adds that the irregulari-
geants records invalidated the list and that no
effective eligible list was promulgated. The atten-
ton of the commissioners having called this
fault in the list they took the only open
them by voting 10 abolish il, and having proper
prepared
Corporation Counsel Rives said he was much
pleased that the decision held the eligible list made
by the Municipal Civil Service Commission in
1900 void. A taxpayers action restraining the pa Y
of the salaries of the nineteen CAPTAINS an
pointed from this list is still pending and Justice
Ieventrtt's decision is the grounds on which
its success is expected