New-York tribune., 1911-03-21
STATE BOARD ENJO|NED
Civil Service Must Show Cause
for Exemption Order.
ORDER GRANTED Ar ALBANY
Albert De Roode 20 Appear for
Alfred Merritt, Transfer
Tax Examiner.
rrv reI.zrsrh - The Tr.tuns :

Albany. March 20 On application CT Al
fred Merritt. A transfer taZ examiner
through mis- attorney. Albert De Hoode. JUS
tice Eudd has granted an order directing
the State civil ssrdce Commission . sAo"
cause why II should not be restrained from
transferring the transfer tax examiners
from the competitive 10 the exempt class
The commission recently voted 70 put trans
fer tax examiners. court and trust fund eZ-
sm.ners and prison clerks. all OF whom are
now in -he competitive class. in the exempt
class. This was done on the application OF
Controller sohner II was opposed bitter
" BY the Civil Service Reform Association
as a political move and a grab by Tam
marv Hal ior patronage.
The order 70 show cause Is rsrurnable
or Saturday morning Mr. De Roode, WHO
Il assistant secretary OF the Civil Service
Reform Association. Will appear for Mr..
Merritt Artornev General Carrnody viii
appear for Controller Sohnler and the
Civil Service Commission
This appeal 70 the courts IN such 2 case.
before the Governor he's acted or indicat-
Il his position on changes In the Civil
Service lists. IS almost unprecedented.
.4N N-pFrA llst tidE itNt ~ Sc a Nte- - Ia
e hearing or rhe changes made by the com
mission which ne must approve before
they become effective In view of The fact
that the commission. on the Controller :
application exempted practically twice as
many places as are nov filed in these
various classes. thus N the opinion of
Civil Service reformers stamping the pro-
ceeing plainly - a Tanrany patronage
grab. there is some doubt whether the
Governor will care % give the exemption
his approval
r was learned last evening that Albert
de Roode. ~ this city. who went oefors
Justice Rudd a. an attorney for Fred l.
Merritt. had drawn W 2 petition 70 the
Civil Sarvice Commission. signed by one
hundred and six Of the leading members Of
the New York Stock Exchange. urging the
commission TO put 2 stop 70 the exemption
Of positions of stock transfer tax examin-
ers The petitioners declare their belief
that The exemption Of these positions will
tend 70 bring appointments thereto into
the field of political patronage and that
such result will not bring adequate or i'm
partial enforcement Of the law
The almost Unprecedented move Of the
civil Service Commission was made on the
serious plea Of Controller Sohmer that the
APPOINTMENTS were confidential" II has
been regarded. however. ny independent
Democrats and Republicans as we'll "a =
subtle move to throw open the state CtV
Service 10 Tammary raid. II was ir
effect q move 70 enable the Controller tc
dispose Of twice as many political plums
and thep 70 see how rho people of the state
took II. y the Controller saw that he could
get away with II. r. Is believed that #
was the Intention 10 apply the same fatter
Ing process 70 twAuty-three transfer tsr
examiners. whose Offices pay between 500
and 1900 annually 10 each examiner.
Elliot n Goodwin. secretary 70 the CiVi
Service Reform Association. announced yes
terday. hat Governor DIX had promised q
give : hearing on ihs plan TO put in the *
, en1ut list = number of positions under fn'
state Controller. William Sohmer Tn
date Of the hearing had not been fixed, az
said.
n the caee brought by Mr.. he Roode To-
Mr. Merritt ia tried the results will prob
ahlv apply ~ all the cases Of incumbents o
office vho have been turned out by the *
emrnrtiug acts of the commission. II d
rega rded essentially as n test case"