New-York tribune., 1909-06-07
BOARD UPH0LDS GALLUP
pruOV4L By GAUS POLIT-
ICAL, SAYS REPORT.
ur lfiILiken DiSagrees 5Citb Other
Members of State CiCI Service
Commission.
Commission.


OO". III, IN the State Controllers office for po-
, reasons in violation of the state Civil
=. law the State Civil Service Commission
.,+ made public its report following an in
.ioation made on complaint of Mr.. Gallup.
- ,.or,rnission Is divided in its conclusions
-----,issioners Roscoe c. E. Brown. Republi-
= and John z. Kraft, Democrat, deciding in
- carup's favor. while President Charles F.
.rrf,en Republican. dissents and holds that
- removal was legal snd proper. The section
stbe Law relating to political removals reads:
- recommendation or question under the
+horttv Of this chapter shall relate TO the po-
ircal opinions or affiliations OF any person
rhsrever; and no appointment or Selecuon 10 or
-ooI-aI from Office or employment within the
.1-e OF the rules established as aforesaid. shall
be IN any manner affected or inhuenced by suCh
-1iriors or affiliations
r.s majority report recommends that Gallup
:. restored TO his place. but the commission
=. W nov-er 20 enforce its recommendations
-a-.roler Gaus desires to i'll the vacancy by
N-o-,o-ine 2 subordinate in the transfer tax
-, The commission can decline 10 order
.,,b an examination. and unless Mr.. Gallup is
-.,rs-s.sd the place would remain vacant. 1t
,evs an annual salary Of 5000
- csuuD was promoted to chief transfer
..x clerk in 1907, under the administration Of
cor+-oTer Martin H. Glynn. At that time the
-,osi-ion was in the exempt class. IN August
,oos the Civil Service Commission recommend
Al -bat II he placed IN the competitive class
The recommendation was approved by Governor
tzugbes. and the change went into effect on De
os-7her %. 1905. with a general reclassifcation
o4 she state and county service, covering about
two hundred positions.
In their report Commissioners Brown and
-z-sft rrote abstracts, Of testimony given before
,hs commission by William Barnes jr-, Repub-
rcan state Committeeman; Otto Kelsey. Deputy
STATE Controller: City Controller Howard N
-7nus- ~ Albany. and Mr.. Gallup tending TO
show that personal and political 1eenng OF
entaroDism exists between Mr. Gaus and Mr..
clvnn: that Mr Gaus did not desire TO retain
csnun because he believed he was too friendly
with Mr. GIynn. Controller Gaus did not tes-
,ifv as he was i'll at the time OF the invesd-
cation.
Mr Barnes testified that Mi Gaus conferred
wifi him in December before he took office, and
ssid that he did not wish TO have a man IN
his denartment who was so evidently favored
tv Nr Glvnn In view of Mr.. Glynn's personal
and hitter enrnity to him he did not believe the
srplove could be faithful He also objected TO
having the place put in the competitive class.
He did not want in the place man associated
with Mr.. Glynn because Of Mr.. Glynn's attitude
70 hin in his personal and political life Mr..
Gallup gave this account of his interview with
Mr Gaus about retaining the place;
p said. The trouble with this situation is that.
tsvery last minute neI015 d tf arties Il think
isrentioned the Civil Seryice) reoassiIled Inrse po
grons in this office that was enuuea 70 i M % as o.
pointing men OF ny o@i cans DO no, think you
oite understand the situation: this was not zone az
,s MA as ms IN August and transmitted 70 the
eeoTsTnor W he did not approve II then; he did not
reach il until after election. and tnen y nao 70
hat was the situation He seemed 20 have the idea
had got the Civil Service Commission 20 aasS 80, III.
position nut in the competitive class said; mat
io6 Is Tt IN ne nee conbetitive class; as under
stand il. they reclassifed positions an over tI9
state they did this in August; when ne t5oFerIoI it
did take the mater uD he had 10 decloe II oA i'S
merits"
Mr. Kelsey testified that Mr. Gallup was
satisfactory euploye, and that there was no
reason for the removal so far as the discharge
Of his duties was concerned but that Mr. Gaus
felt Mr. Gallup was in hostile camp
THE MAJORITY REPORT.
The report Of Commissioners Brown and
Kraft says:
70 facts making perfectly clear the motives
prompting the removal. and the only question 70
be considered is whether removal Tor mes ..a
sons falls under the condemnation OF the s1atu's'
The evidence shows that the Controller before
he took Office without any regard TO the question
mined On The removal He did this because Mr-
Ssllup had been appointed and advanced py MI
The antagoaism between Mr.. Glynn and Mr;
SaaS whatever persona! bitterness u NAY is,n ii
Mr Gaus was active In Republican politics an9
been M2Ror IN q R65aT and Ro'Ms Mr Gyms
paper has criticised his administration Inc Two
men we're rivals FOR The Controllership at the last
seeIion such continued political contests 5cisI
ny dismiss the trusted and faithful employts VI
predecessor merely because they were trusted py
1T. ano excuse the action on the plea .5 tna1 ms
to1cesSor was personal as wen as a poIlcdi i1i
.n1E - then the law providing that removals Shah
Nj Gallups faithfulness. efficiency and entire
Se are conceded. He was dismissed because Mr.
tR2 teaa2 had appointed him and had trusted him as
cslinhilL Efficient and loyal. No objection 10 Nj
TTs!lup personally prompted the removal MI
etry eaerrsey urged upon his chief the fact that Mr
o.s!ilp Eas satisfactory cmploye. But the policy
- removing him had been determined in consulta-
Once because he was IN hostile camp" and, az
- - Ae.ey testified he had explained TO Commis-
49, 49, Kraft. because il was believed that me
rs-, Se should be held by man Of the same pontcal
him Soniroller may repudiate as not representing
i+r +- ths statement. IS well as Mr.. helseys at
sense ~ 10 ms "F4 nitaiiVe; an IN MI ;,b NT
-. tAes 10 get his authorization for not carrying
iiaisssl on April 10 These questions would doubt
res- 4rss If the matter should he carried into
Hitdtt tllt fHi iNlif'iDii
re r.e personally in the case But, judging the
ssi.1eiefs own statements. as testihsd 10 by
r.s.s IN the light Of the words and acts of his
n.aI-9 deputy. who IN authority during his
tse-snesd Illness and absence. we are unable 10
the conclusion that political affiliation was
aeisf1ninIaE factor in the case and was so
.s-sart SEbtcTfuGe cOnceslnent lnfl the ques-
- Violation Of tho Civil Service law had TO
fs.i &c II is difficult TO see how. short OF
h. t Confession of appointing officer that he
ans si2ial led the sW any clearer case of the IN
ss d q political asotive could ever be found
Aof A MERE sIGNBOARD WARNING.
nae ~ re law IS not 70 be considered mere empty
d. which nlaF be made Of effect by saying
= On ac; was not based A political motive. IN