New-York tribune., 1909-09-17
A BUFFALO nELTSION.

'The Buffalo News" continues 10 attack Gov
ernor Hughes for framing the Public Service
commissions law so as TO ignore the Civil Ser
vice section OF the constitution" declares The
Trbune's recent explanation that. al a matter
Of fact. the forces Of the commissions were sub
feet to the Civil Service law to he disngenuous
and makes the following amusing argument TO
sustain its contention.
The Public Service commissions law provides
in Section that each commission shall have
power to employ. during its pleasure such Of
"ficers clerks, inspectors. experts and employees
"as IL may deem TO be necessary to carry out the
provisions of this act, or to perform the duties
and exercise the powers conferred by law upon
the commission" 1t should be noted that each
commission may employ as many persons as IL
may see ht, and tenure Of position is dependent
solely on the pleasure of the commission. Not
a woman has any other legal right 10
place under the commissions
The Civil Service law limits the right of re-
moval from Office and gives preference to SOL
ders, sailors and firemen, and provides for their
reinstatement in case they lose place by reason
of abolition of the Office they hold But all who
hold Office under the Public Service commissions
held them solely during pleasure. They have
no protection whatever in the Civil Service law
as state employees in every other department OF
the government have.
To employ the machinery of the Civil Service
Commission to obtain employees may be the
pleasure" Of the Public Service commissi ions
but it is not their legal duty.
1t would be hard TO find more misinformation
than these paragraphs contain packed into the
same space. The News evidently is ner-
fectly innocent of knowledge of the law bear
ing on the subject. In the first place the Civil
Service law does not in general limit the right
of removal. Veterans and fremen, however. are
protected and they have exactly the same
rights under the Public Service commissions as
elsewhere in state employment The appucation
of the merit system TO the Public Service com
missions is not dependent on their pleasure.
but is obligatory. They not only do not but
can not employ single person except in accord
with the rules prescribed by the Civil Service
Commission on the same terms as every other
department OF the state government
THE News" is entirely mised in its infer
probation oc the phrase power to employ dur
ing its pleasure" That. or the more common
expression appoint and at pleasure remove"
is the usual provision empowering officers IN
name subordinates who are to have no fixed
statutory term Something of the kind will he
found in almost every law creating a govern
ment department. IL does not supersede the Civil
Service law, but merely authorizes the creation
OF the force needed TO do public work. with an
pointments and removals subject to the Civil
Service provisions of the constitution and the
law That question has been thoroughly settled
By the courts. Where the power of appointment
IL conferred in general terms the power OF re-
moval at VIII by the appointing power exists.
unless limited by some other provision OF law
The constitution says: when the duration OF
amy office is not provided by this constitution