The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-06

ONeill'
MAYOR BEGINS INQUIRY.
In reply the Mayor wrote to the assooia-
ton thai he would be glad to assist It in
enforcing the civil service law. and inviting
the associations cooperation. Then he
sent letters to Commissioner Schmitt and
Commissioner McCooey of which the
following are copies
Parks. Borough OF The BronI.
DEAR SIR: Enclosed herewith ! send you
G ths day SK datsa
Sept. 10. 1904. Also copy Of "A letter dated
Sept oo' sent by the serE y EslSTm
schedules marked A. b, c. d, f. + and q.
yea Of thhsy Of PsR
Borough OF The Bronx.
kindly examine into this matter inmedi-
ntely, and report TO me specifically as TO al
papers. making such explanations, admis-
sions or denias as the facts warrant. Yours
GEORGE b. MCCLELLAS. Mayor.
Sept. IL.
Hon. John n, McCooev. Prcsident Municipu
Girl SerriCe Commission;
DEAF sIE Eacios IS herewith iod. send END yT1
Kindly take up this matter immedintely'
and write me specifically as 10 all the state
PLANTATION or den ial OF The seine. Yours very
truly. GEORGE b. MCCLELLAN. Mayor.
sCHMITT's REPLY UNSATISFACTORY.
Commissioner Schmitt replied in long
letter. which was for the most part filled
with a denunciation OF the practices which
he described as having prevailed under the
He said that to enable former Park Com
missioner John Il. Eustis to employ men
that he wanted new titles were created,
such as assistant gardener. All the Demo-
Gratis, he said. were put out in this way. 1t
had been necessary he said to lay OF lot
OF men whom he found filing such places.
The Mayor sent this letter in rejoinder:
Hon William p. SchpI, Com,nissionr OF
PGrts for e B0s@G%h o. Tae B bbs CENT
70 Be- an answer to The CHARGES Of the CIVIL
for investi Hsot a and report. 1 "
The general accusations therein contained
might be regarded as As answered 1s 6y s denial
OF alleged violation Of the law should be
met with statement Of the facts, 49, .
cations atom standardization. no great ingenuity
is required to discern number Of plain speci-
fications to- several serious charges which
1 therefore re submit the matter to you
for more definite report.
the law were committed by the preceding
administration for the benefit of Its political
rte hot p sgsh hays
such precedent can be permitted to serve
as a. justification for any violation Of the
law by any member of the present admlnis-
'rs ssot TO- heSDe Gro B. MCCLELLAN Mayor
Commissioner Schmitt made no reply
to this, and the Mayor wrote again to him.
as follows
Hon William P. .SchmMi. Commissioner Of
Parks Borough Of The Bronr.
DEAR Sir: On the 10th day of September.
charges char T Teeentiy I preferred against you by
the Civil Service Reform Association. l
HAye no from YOU
IN sept sers IS GEORGE george B. %ccLELLAS Mayor
Schmitt's answer to this third letter was a
statement which reached the Mayor, two
denied any partisan motives. Il should
feel keenly," he wrote, -the imputation
that these charges involve, were 1t not
for the conviction that they rest upon
no foundation and have been made with
out the support OF accuracy or truth"
M'cooEY MAKES DENIAL.
President McCooey, in behalf Of the COM
mission, also sent a letter, dated Sept. 20,
denying the charges made. The reply says:
In the early part Of the present IT, year
mission that owing to the inclemency, of the
weather it would be impossible for them to
continue outside work They ID did d not not wish
but desired to have their forces remain In
tact. -,
ing resolution:
Rs,ol,ed, That during the period from Dec. !
Fer ae and IN the oees Of the Presidents Of the
boroughs the outdoor forces OF foremen laborers
their being put 70 work and that they need not be
f.A VIM haan lpNk nf
work eIeep, upon The reauss, Of any such person.
IN @ sso 81 a q By PRsSie
In reply to the charge of the Civil Service
Reform Association that it had no power
to pass such a resolution, the Civil Service
Commission quotes an opinion written by
takes the view that it has such power.
In further support Of their position, the Com
missioners quote rule IL, paragraph 2 OF the
Civil Service Rules: Leaves Of absence
without pay may be granted by an appoint
power to extend the time The Commits
sioners cite the action Of Mayor Lows
Civil Service Commission as precedent.
PLEASE RESIGN INsTANrER.
This letter did not satisfy the Mayor
any more than Commissioner Schmitt's,
and he sent the following demand yester-
"instanter:'
Hon. JOHN H. McCoosi. President Municipal
GIRL Serrice Commission. 81 Elm sfreet.
SIR: beg to acknowledge the receipt
Of your communication OF Sept. 20. In re-
Spouse to mine forwarding to you the charges
preferred by the Civil Service Reform Asso-
citation. and requesting your report thereon
% .Concurrently with my examination Of
the portion of the charges which bear upon
your Official conduct have considered
those which relate to the acts Of the Com
missioner of Parks for the Borough Of The
Bronx, and have reached the conclusion
that Commissioner Schmitt has wilfully
violated the law I am also forced to the
conclusion that In some respects. at least.
this violation by. him would have been i'm
possible II IT had not been for the conduct
Of your board. which deem Illegal In itself.
and which may be fairly attributed to col
fusion with him.
The Civil Service Commission is intended
OF the city departments. as to prevent
them from violating the law or its subsidiary
rules Section 10 OF Chapter $40 of the Laws
OF 1899 prescribe the way In which this check
shall be made effective Under this section
the Civil Service Commissioners are given
Jurisdiction over the .payrolls. and should
only certify such payrolls as are in conformity
with the law.
| consider your resolution Of March ls,
which was evidently intended to validate
previous Illegal acts Of Commissioner Schmitt,
and to permit an evasion OF the law as to his
acts subsequent to that time, TO have been
passed in bad faith and not for the purpose
Of enforcing, but rather OF subverting. the
Civil Service law.
] do not deem 1t necessary to enter into