New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-08-29
rRE STATES LEGAL STAFF.

Attorney General O'Malley's plea before the
National Association Of Attorneys General for
staff Of permanent deputies in law departments
is worthy of serious consideration. Mr. OMal-
ley's idea Is to reach this result by providing
legal terms of six or eight years for the assist
ants. the incumbents 10 be removable only on
charges after a hearing. The wisdom OF this
particular plan of reaching a desirable end Is
doubtful and certainly il would meet with
strong opposition. While the constitution Of this
state gives the elective Attorney General only a
two-year term. there will be reasonable objection
10 giving an incumbent of that Office the power
TO name subordnates with fixed tenure extend
ing into the term of his successor. Such sys-
TEN would be much like that which formerly
prevailed in this city. when a Mayor appointed
heads of departments for fixed periods extend
ing beyond his own term, and thus able not
only 10 hamper his successor, but likewise TO
make him practically irresponsible for the char
acter OF his administration.
Ii is probable however, that the essence of
what the Attorney General aims ar can be Sc
cured through the operation OF the Civil Service
law AT present the deputies of the Attorney
General are in the exempt class, and. in spite
OF the constitution, habit inherited from the
days Of the spOils system has made the places
material for patronage. With every new Attor-
ney General at least II political change takes
place. a new set of deputies Is appointed, gen
orally as a matter OF course. without regard TO
the efficiency OF the incumbents, who
pected 10 retire simply TO give the new chief a
chance 10 I'LL the places This system could
easily be reformed by placing in the competitive
class all but few OF the chief deputies in admin
istrative authority To carry out the personal
policy Of the Attorney General This would leave
new Attorney General always in complete com
mand of his force. freely able TO displace any
assistant who did not carry out his policies
meet his Ideals of efficiency, and at the same
time would deprive him of any motive for re-
mOyals except for the good Of the service. Thus
staff Of trained and experienced men. CON
tinually increasing IN knowledge of the legal
work of the state. would be built up, and reason
able permanency would be secured without in
terfering with the proper liberty and response
bty Of successive Attorneys General Thus
that efficiency and continuity of administration
would be secured which are such commendabe
features of English government departments.
with their permanent under secretaries and
STATS.
Doubts are sometimes expressed as TO the
practicability of filling legal positions by COM
petition but there is no real difficulty about the
matter. Civil Service examinations do not have
10 be merely scholastic II is perfectly feasible
TO eligible lists OF lawyers rated on their
experience, character. personality and proved
qualifications for handling different classes of
legal work as shown by their records in the
courts, without resort TO the written examina-
lions necessary 10 test clerical efficiency. Civil
Service examinations for positions OF this high
character may be. and in fact generally are. OF a
nature 10 apply 10 candidates the same tests OF
ability and personality which an intelligent and
faithful appointing officer would himself apply,
with the exception that party affiliations and
political and personal influence would be elimi-
mated as factors in the selection Some progress
has already been made in this direction The
Junior assistants to the Corporation Counsel in
this city, including all the lawyers drawing sal
aries up 10 $1,000 year are I'm the competitive
class, as are likewise the assistant counsel OF
the same grade under the Public Service Com
mission.
II such a system were 10 be adopted In the
Attorney Generals Office, making competitive the
assistant attorneys general drawing $1,000
year or less, opportunity would be presented for
the making OF permanent careers in the depart
ment. At present. service in the Attorney Gen
erals Office is a mere incident in an ambitious
young lawyers career. and the best men do not
care 10 turn aside for two years from the main
road Of professional progress. Many such how
ever. would be glad TO compete for the minor as
sistants places with the prospect OF promotion to
higher places as they became experienced and
demonstrated their efficiency. With the bulk OF
the professional staff Of the Attorney General
thus removed from the field Of patronage the
Office would secure just such body of LAWYERS
with thorough knowledge of the history of the
states legal business and trained carefully To
perform IL, as Attorney General O'Malley so
wisely desires TO secure.