The sun., 1909-06-07
PUT BACK IN His OFFICE
COMPTROLLER GAUS CAN'T FIRE
EARL GALLUP,
Though Gallup IL = Democrat and Was
Made y Classified Civil Servant Only
Three Days Before Gaus Came Into
OHice-State Commission Says So.

Omce-StNte Commission says SO.
ALBANY. June 8.-By a vote Of 2 to the
State Civil Service Commission has de-
cided that Earl Gallup, a Democrat OF
Albany. was removed from Office for po-
litical reasons in violation Of section rs
OF the consolidated civil service law
and should be reinstated. When Martin
H. Glynn, a Democrat. became State
Comptroller in 1907 he appointed Mr..
Gallup to a clerkship in the Inheritance
tax department in the Comptroller's
Office and when Mr.. Gallup became
familiar with the work Of that depart
ment Comptroller Glynu removed the
Republican head Of the department and
appointed Mr.. Gallup in his place. The
salary OF the position Is 5000.
On December 2S last the position held
by Mr.. Gallup. which always ha been
non competitive. was placed in the com
not protect the incumbent from removal
for cause. Ii certainly protects the IN
cumbent from removal for political rea :
sons.
When the present Republican Comp
troller. Charles H, Gaus assumed once
ON January last he was confronted with
the fact that MIR. Gallup's position three
days previously had been placed in the
competitive schedule Of the civil service.
Comptroller Gaus did not desire to retain
Mr.. Gallup in Office because he was a
friend OF Mr.. Glynn. who had become
the vigorous political critic both OF Mr.,
Gaus and William Barnes. Jr,, in Albany,
where Mr.. Glynn publishes a newspaper;
MIR. Gallup refused to resign and on April
10 he was summary removed. Comp
troller GAUSS plans being to promote "a
Republican to succeed Mr.. Gallup.
When Deputy Comptroller Otto Kelsey
informed Mr.. Gallup that he would have
to 20 he told Mr.. Gallup that there was
no objection to him personally or TO
his work but that politics LED to nus s,, re,
moval. This commission investigated
MIR. Gallup's complaint and Mr.. Kelsey,
William Barnes, Jr., and two Albany
Republicans who had intercsded with
Mr.. Barnes to have Mr. Gallup retained
testified
MIR. Kelsey admitted that there were
no grounds other than political Tor mr.
in the personal feeling between Mr..
Glynn and Mr.. Gaus, although Mr., kei-
sev thought Mr.. Gallup's position was
of a confidential nature and should not
have been placed in the competitive
class by Gov. Hughes and the State CIvil
Service Commission. go
Comptroller Gaus was i'll while the
investigation was ON and his testimony
was not secured. but Mr. Barnes testified
that COMPTROLLER Gaus before he entered
upon his duties had determined that
in view of Mr. Glynns preference for
Mr.. Gallup he did not think such a man
could be fair to the Ga,ls administrator on
and that he did not think Mr.. Gallup
would be a safe man to retain IN ms de-
partment in such a confidential position.
| In it's decision the majority OF the com
| mission, Roscoe G. +. Brown (Rep.)
and John F.. Kraft (Demo. say
The evidence shows that Comptroller
/ Ga = before he took office. without any
| regard for the question OF Mr.. Gallup 4
fai,hfuness or competency. determined
on the removal He did this because Mr..
! Gallup had been appoint ed and advanced
| by Mr.. Glynn. The ami asonism between
| Mr.. Glynn and MIR. Gaus was essentially
| political antagonism.
MIR. Gallups faithfulness. efficiency and
entire loyalty to MIR. Gaus in the discharge
| of his duties are conceded He was dis
missed because Mr.. Gynn had appoint ed
| him and had trusted him as faithful, en-
| cispt and loyal No objection to Mr.. Gallup
personally prompted the removal. Mr..
! Kelsey urged upon his chief the fact that
Mr.. Gallup was a satisfactory employee.
! But the policy Of removing him had been
Diet ermined in consultation with Mr.. Barnes
q
before the Comptroller took office because
he was in a hostile camp. and "a Mr..
| Kelsey testified he had explained to Com
missioner Kraft. because 1t was believed
tha, the place should be held by man OF
the same political party as the.comp'roI'er.
Charles F. Nnlliken. Republican and
the president OF the commission, dis,
sents from the report on the ground
that the Comptroller was Ill and unable
/ A. L. tnN n "a
in determining to promote an expert
enced subordinate TO Mr.. Gallup's po-
sition. and that the evidence does moi
warrant the conclusion that MIR. Gallup
was removed for political reasons. Mr.
Millken says that Mr.. Gallup was re-
| moved for personal reasons. because
| Comptroller Gaus could not trust Mr
Gallup at the head Of the important
inheritance tax bureau.