New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-01-11
AGAINST SPIRIT OF LAW
CIVIL SERVTCE REPORT ON
NETZ INVESTIGATION.
State Board Calls for Recidssifca-
fion tn Finance Department.
.4buses Ccasured.
Tsv reiegraaA to The Tribune. J


report.
Commenting on the Controllers statement that.
other things being equal he would appoint an or
eanization man every time. and that If it a
violation of law IL violation and not hypoc-
rasy. the report causticaIy says: The commission
is unprepared TO concede that the plain require
rnents OF the constitution and the statute are a
counsel of perfection which il is hypocrisy to at
tempt 10 enforce" The first charge was of having
violated the Civil Service law and rules in making
appointments to Office for political reasons.
IN support Of this charge the association pre-
sented lists showing that between January l. 1906,
and July J. 1905 the Controller had made sixtythree
appointments TO exempt places OF persons not at
the time OF their appointment Already employed in
the department and Of these sixtythree fifty-four
were enrolled Democrats. enrolled
Republican, one Independence Lacquer and
one effectively enrolled Six were not enrolled
or these one was the secretary Of district Demo-
cratic club and the son of a Republican
State Senator from outside the City OF New York
OF the ffty-four enrolled Democrats forty-two re-
sided IN Brooklyn.
The commission took the testimony Of several
Democratic district leaders Brooklyn. who testf-
fed that they had recommended appointments in
the Controllers Office AfcCarren, and
cured OF them without going 10 Mr. Metz's
Office The commission also found that a large
number Of temporary expert searchers had been
recommended by Democratic politicians and dis
trict leaders. and had been recommended by
Republican politicians and by private citizens
the commission reports:
OF the strength of the evidence secured should
not be warranted in saying that any particular APP
pointnent was made for political purposes, and that
any single person who appointed, having a po2
hticai Recommendation; would not have been , aIp-
respectabl.ty. Nevertheless. when large number
IF rom s1R5 aPe e w greatly re
ponderatng number of the members Of one political
habitually make successful recommendations and
told by the appointing officer, as he testified,
a a
organization man The preference at any time al
huence. TO some extent at least is unavoidable It
Trevailed in the Finance Department in the filling
Of places from, eomLetit4on HdthGut reaSning me
may nava sought 10 select 1T men for his work.
such fitness being establlohed the places were con;
favors- Indeed, the Controller himself practically
admits this in his statement
TESTIMONY OF CONTROLLER
II is pointed out that the Controller also testified:
said to the gentlemen in Brooklyn when went
into the Office / did 90 into the Office for the
any GOOD man Would stay. When / had vacancy
or an appointment 10 make would give an or;
things being equal because believed he was doing
When I find q man who is responsible. that can
do The work and that Is man knew personally
ali the same things about, would rather take the
i man ~f han the man VINO Is asanst q me- II that
violation 1t IS violation, and IT is not hypocrisy
The report continues:
The commission fully recognizes that this att =
antagonstic 70 the law; it is survival Of the time
spoiis and the fact must be faced that this day
ne ides widely pTsyals that places Which 3. ere ere
political Doubtless. in many departments,
similar to those frankly described by the Controller
prevail It cannot escape observation that after an
cessfuT party openly confer with this appointing
within their gift and Similar course is followed
when by decree OF the courts a number of places
formerly ls9 by competition are opened to per
On band there are dePsEents in both 10th
fails detect any political influence having weight
an are 5f q ob Be the a% and living Up to the
s Of g e IN 4 aRe hseRs a o a
ancient and bad tradition: We cannot shut . our
6isobeyei. and there IS no reason to suppose that
the Controller disobeys it any more than many
Regubosns but It is the duty Of the Cy ssFvi0e
fegrify and can renewed attention the obligation
Of appointing officers to disregard gGItieal influence
SR9 stniiaH0HS A0'oiu's'' mo |lH-s u As
ne 5s TeSs3i2ements of the Constitution and
the statute are a counsel OF perfection which it
Is hypocrisy TO attempt TO enforce
GREATER VIGILANCE FAVORED
With regard TO the second charge, that tenn
porary expert clerks were employed in the bureau
Of assessments and arrears the result of mis-
representation, the commission reports that these
exceptional appointments without examination were
peculiar qualifications for night work which were
lived up 10 by the Controller. that the notices
persons on the competitive list TO fill these
places we're such TO discourage acceptance. and
says there is no reason TO doubt that the munich
pal commission if il had proper knowledge Of the
actual requirements Of the work at its beginning,
could have secured an eligible list adequate the
needs OF the bureau The commission recommends
greater vigilance against abuse in the granting Of
exceptions, and the holding Of appointing officers
rlgioly the observance Of the conditions pre-
scrloed fer such work.
With regard 70 the transfers of cashiers in the
exempt class positions of confidential clerks in
the competitive class, the commission holds that
the transfers were made by improper inter
pretaton Of the rule by the municipal commission.
sor which the Controller was not responsible
The report says:
ASIDE from the issue OF the Interpretation of
this rule. which is q matter for the Municipal
Ciyn Service Commission raUAer than for the Con
troIier the cucsticn arises whether these re
transfers ever anything more than a change
" Tile, ana II d fraud Was not perpetTated on
The municipal commission The commission took
the testimony Of I'VE of the former cashiers who
were transferred, and IN every case found that
mere had been practically no change in duties
- them We're bonded cashiers in the sum Of
tle saline bona and 10 act as cashier, receiving
money and checks and receipting for them in regu-
changing cashiers about from time 10 time One
' 40 ned been bonded for siaOo0 continued under
money and checks just a. before. excepting that
frequently. The nfjh man. who had been under
bond Of SO co, continued in the cage all the time
thd performed the duties Of cashier, the transfer
hasinS made absolutely no difference in his work
y e tfirk there can d 10 question about the inn
mercy cnange Of title whether for the benefit
tereilt classification. cashiers the hand and
@. tee theory that the duties ana responsibilities
q ne positions differ materially. and that the