New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-31
DISMISS THE EXAMINER.
CilH Service Commission Dust Man
Who Wrote to Newspapers.

After trial before the Civil Service Commits
sion yesterday on charges of conduct unbe-
coming an examiner Of the Municipal Civil Ser
vice Commission, and conduct unbecoming a
gentleman and prejudcial to good order and dis
cipline,' David H. Ray. an examiner. was dis
missed from the place he held The defendant
was represented by counsel. who urged before
the commission the justification of the miscon-
duct alleged.
Mr. Ray received $40 day. The specific act
on which the charges We're based was the writ
ing of letter on December 10, copies Of which
were sent to Mayor Mcclellan. the State Civil
Service Commissioner. the Civil Service Reform
Association and The Associated Press. rejecting
on the Civil Service Commission in the appoint
ment of expert examiners without open competi-
ton The letter. which counsel representing
Ray admitted the latter had written, read in
part
A Civil Service examiner is appointed without
established which gives the Civil Service commits
b Sn e W o appo amy
pliabie rascal an expert examiner. oa.at,,shoo
With this pernicious precedent once esta olished
does II not give a commission a precedent to ap-
t nation' anv suave, we-dressed rascal that might
chance to suit its fancy or purpose: 49,, ,
may be packed?
The specifications further set forth that the
defendant caused his letter to be published In
various newspapers. "irnpugning the motives Of
the present commission and calculated to bring
said commission into disrepute." The letter fol-
lowed the appointment of one John b. Moore as
an expert examiner.
Mr. Ray was appointed an examiner in July,
1902
Before Mr. Ray wrote the letter he made an
honest effort to see the president of the commits
sion to lay the matter before him." continued
counsel.
He came here one day when the president was
out said President Coler. and waited around
about two hours Then he went away and made
no further effort to see the president. That
doesn't look If be tried very hard TO find him"
we have not come TO the point in these
charges yet" continued Mr.. Coler. ut is a
much larger question than you make it out here
This commission, more than any other commits
sion in the city government, is at the mercy
of its subOrdinates. If an employe can withhold
his loyalty TO the commission and fail TO give
Il all information that he may have berore
going to the newspapers and the public ii would
be impossible for the commission TO exist,
1T was reasonable for Mr. Ray to assume
that the commission knew that the appoint
ments in question violations of the law"
said counsel Under the circumstances, then.
it was not much his duty citizen to go
to the commission to those in higher author
fly. The commission here, you see, act
ing as judges. jury and prosecutors. I think
that this commission should not take notice of
the language under the circumstances, unless
Mr.. Ray had been enthusiastically and gen
orally Impairment
The commission considered Mr.. Rays case
only Il few minutes in executive session. Then
his dismissal was announced. The commission
contends that the appointment of expert ex-
vice regulations provide for ten such examiners
on the exempt list