New-York tribune., 1906-07-23
BENDER FOUND GUILTY.
CIVIL SERYICE FINDING.
State Commissioner Sustains Charge
Of Cam paign Collections.
Tnv Teleeraph 10 The TRIBUNE. ]

AIbany,
mission. in report 10 Governor Higgins. made
public tonight finds Harry H. Bender. OF Albany.
fiscal supervisor Of state charities. and Herbert
F. Prescott his confidential clerk. guilty Of viola
ton of Section q of the State Civil Service law
in regard to the collection of political assessments
from employees OF the fiscal supervisors Office
The commission makes no recommendation as to
the action Of the Governor In The matter pointing
out also that It has itself power to impose a
penalty. The report is signed by all three COM
| nissioners-Charles F. Miliken Roscoe a. r
Brown and John +. Kraft.
The section of the law referred to prohibits five
groups Of in relation to the collection
of political contributions, as follows:
First-it forbids the use of authority or official
influence directly or indirectly by any public ser
want TO influence any other public servant to make
second-Lt III fforbids any public servant. in charge
tEaiLenI t @ purposes W to permit any person enter
any any poiieal assessment, subscription contribu-
Third-It forbids any person. whether -, oe,o,.,
] or not, to enter or remain in such office for the
~ pi 81 9emandlng receiving giving notice
3 u9m or TO give notice Of demand. collect or re-
tributoR therein. 9'''''' 'p'''" o. con-
an% rffs Or f0rPids 3 any person to send
the same purpose. ~ i'i
sending, presenting or preparing for presentation
10 public servant any political subscription or 10
political contribution - ''''Ne
In the case just decided by the commission it is
found that four of the five prohibitions were disre-
garded by Mr. Bender. and the first third and fifth
as enumerated. have been disregardeI by Mr.
Prescott.
EVIDENCE IN THE CASE.
The matter brought to the attention Of the
commission by the New York Civil servi,e Reform
Association. which took UP the case of Edwin A
Dolly formerly bookkeeper in the Office Of Mr.
Bender, and now in the Office of the State CUrninis
sioneT of Agriculture. The evidence tended TO show
that Mr.. Doty had been asked by Mr. Prescott to
make political contribution and that information
OF such solicitation had been given 70 Mr. Bender
and that Mr. Bender himself had received from cne
OK the employees of the office a political contribu-
ton. Mr.. DOty refused make the contribution
He was suspended. and afterwarl transferred to
another department. 1t was shown that the time
Mr.. Bender was treasurer of the Republican County
Committee.
The Civil Service Commission reports it's findings
to the Governor with no recommendation. except
to urge that the law be amended so that evaslons
OF 1t will be more difficult. The commission says:
When attention is turned from the detailed pro-
visions of the statute and particular acts vioatve
OF ther letter or spirit, and is directed the
fiscal supervisor as whole it becomes clear that
mon puTDose a4 H4 prssG01{ ac1s win COM
of custom for the collection OF political contribu-
present or former employees examined every cne
eaS Rea III @ on one or more ocE9sions to Mr.
been asked and refused Mrs Kelly. who sent her
contribution directly TO the State Committee. and a
page. who a minor. In 1864 all the contribu-
tons bot both TO Mr Bender and Mr.; Prescott, were
Of the contributors were requested to pay. Others
Fit was the custom The contributors Vi were no
all Republicans. and the Democrats who contrib
Bender knew Of Mr.. Prescotts collections Since he
than the others were giving. AS the treasurer Of
the County Committee he was seeking contribu-
ernor Odell's notice, to act upon Mr.. Doty's in
a9Yf5in E 1ha{ 0d Was g0ng on & or & 10 90
campaign contributions from his subordnates into
To say that separate acts. all in harmony with
contributing 10 the operation of this system. are
yond all effectiveness for the protection OF public
employees.
EXPLANATIONS OF CONDUCT.
to say that it has had reason to complain of Mr.
carrying out those sections Of the Civil Service laws
respecting appointments and promotions which 1t
practices that have prevailed in the oiice Of the
sGsI @ supervisor 1T were not many years ago uni
all parties, and probably they persist to-day to
state and city, under the administration of both
pa f 1 Il Is sasy to see how officers brought up
tcal politics should be slow to give due respect
settled. Such considerations, however while they
nay explain. cannot excuse the abuses discovered
their duty if any theory OF this act is to pre-
which permits the contiH,lance Of the colectine
% cst0Ts ton: Feyealed in the fiscal supervsors office
Iccty the same result of geaeral payments Of fixed
untarv as expressions of sponfa9enus Az noticaI IN
tereSt then the statute for che protection public
employees might as well be repealed for ii
with itlo im%punity % BE evaded or dened.
The strict enforcement Of this act in spirit and
public as their employees Not only is the principe
Of assessment politically demoralizng. but the
United States Supreme Court has pointed out lex
"A feeling OF independence under the law con-
duces to faithful public service and nothing tends
more to take away this feeling than dread OF dis
poyen II % m soeed frW S osTs in in 6gS as
| thOrity it is easy to that what begins with
| request may end as a demand. II persons
authority to contributes from their personal income
to the expense Of political campaigns and refusal
| liberal payments may be made the ground for
COMPENSATION received for public service must be be
contributed for political purposes. ii is easy TO see
| TO provide the means 10 make the Contribution.
! made to furnish Indirectly the money to defray
the expenses of keeping the political party In power
that happens TO have for the time being the control
! OF the public patronage.
NO POWER TO PUNISH.
No power is conferred upon the Civil , ser@yice vice
! vice Law. Civil Service Rule II provides that a
violation OF any of the provisions Of the Civil Ser
! state shall be Considered cause for the dis
mssar' of the offender from any such service but
/ Of removal. The Commissions duty, therefore,
| with reference 10 the actions of individuals who
! disregard the law has been performed when il has
si6ns Of the section in the office Of the Fiscal
! Supervisor and reported its findings 70 the Gov
With reference to the law itself study OF its prac-
teal operation shows that though the salutary pro-
visions of the statute sweeping the discovery
! of violations or evasons is easy. Therefore,
tho Commission calls attention 10 the recommended
tion Of its last annual report and TO the blI IN ac-
cordance Herewith introduced into the Legislature
1 by Senator White and Assemblyman Prentice, pro-
vidng for annual statement by civil servants Of
their political contributions to enable the public u
! know II government departments are being eX-