New-York tribune., 1909-06-07

the face of almost any possible proof to the
{rary TINS removal admittedly due 70 the control
cause he was appointed by politically affili-
such the statute meant to forbid. " e 90 not
believe the Legislature meant this statute TO be a
mere slgnbcard warning officials against technical
admissions Of motives which might nValidate
moyas for political reasons but rather believe that
IL was intended in a substantial manner to free APP
pointments and removals in the classified service
contests and anmosttes arising therefromE
Even.if we assume that bitterness growing of
personal that removal made in good faith because
unable to apply that assumption to this case be-
cause Of the collateral facts showing the influence
of the question of political afiliation on the mind
of the Controller. and proving his original purpose,
indsPcndent Of his personal feelings toward his
which was affected By the political affiliations Of
This purpose is shown in the additional reason
given for the removal. that the Controller dis
him Of what he declared to be his rightful patron
age. He complained TO Mr.. Gallup that he had been
Td to d I'll Dir 6y s&RPon & sn 6c Of my is r own o
them Therefore though ne could longer fill
the place absolutely at will. but must appoint from
Democrat in the expectation. as Mr. Kelsey tesu-
fed. that Mr.. McElroy. Republican, would be able
pass an examination and take the place. Re
movals II there had been reclassihcation, in
my ihis) own party would have been illegal. APP
pointments to or removals from an exempt position
hidden by the statute is similar action with re-
sG based G S% Se On his
that he could NOT III the place out of hand by a
man Of his own party In violation OF law is clearly
afilaon and is forbidden by the Civil Service law
We therefore find that the removal Of Mr. Gallup
CHARTER Of the consolidated laws. and that he
should be restored 10 his position by the Controller
MR. MILLIKENS REPORT.
The minority report OF Mr.. Mlliken follows:
cannot approve this report. which is in effect
indictment OF the State Controller for violation
Of law: First. because he Is seriously i'll and
able To testify in his own behalf: second, because
and rules he has sought to fill the vacancy created
by the removal Of Mr.. Gallup by promotion OF an
has shown that in making that removal he acted
in good faith: third because the evidence does not
moyal he was Influenced by the political opinions
affiliations Of Mr.. Gallup, the reasons which
actuated him being only ascertainshle through his
own examination, and. fourth. because the com
plainant originally secured appointment and later
was advanced over more experienced men by polit-
Should be- preoiuded from Invoking for his own pro-
lection the laws prohibition against removal on
account Of political opinions Affiliations.
The evidence fails TO show that the removal NJ
Mr. Gallup was Influenced either by the political
opinions he held by his af1liation with any po-
ing that no political was assigned by MI
C1aus for the removal on the contrary, II appears
entirely personal-that he felt ne Cou- %. @ IoI
trust Rfr Gallup the head Of the important tras
fer tax bureau SO far as the recoTI and nd
contrary the expressed wishes OF poiIuCal iedT
ers who interceded IN behalf of Mr. Gallup. 10
restrict any strained construction OF the statute
The power az 8 head of a department 10 remove an
rms subordinate would tend 10 luliatI
GisrinIine and ehiciency in the public service TO
etts-It 70 CONVICT 6,bc oricial Of violation Of
any provision of the Civil Service Law by lnlereIic
rather than upon well grounded evldence a-,t
system which, by mandate OF the consuluIloH ''ia'
law designed to enforce