New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-30
CHARITIES NAMED BACON
President CreeIman Denies He
Showed Drummond How to Do It.
CIVIL SERVICE RULE CITED
1t Nowhere Suggests Use OF
Waivers, Which Mr.. Creel-
man Himself Revised.

James Creelman. president Of the Munic-
ipal civil Service Commission. denied yes
,erday that he had shown the Department
Of Charities how to appoint Or. Charles Il.
Bacon general medical superintendent Of
HOSPITALS. when DR. Bacon was twelfth on
the eligible list.
The commission was asked to certify a
list for this position containing Or. Bacon's
name" said Mr Creelmaa. and it did so.
Dr. Bacon's name was twelfth. He had
been acting medical superintendent. in
charge Of the institutions on Blackwelis
/ Island. since February >. 1910, when The
office was created. The department officers
thought he was particularly fitted for the
place. When they asked Us 90 exempt TIE
/ Losition. so that he might be appointed, l
positively refused and then the department
went ahead and obtained the waivers 81
/ Dre Dillon. smith Rosnn5loom. Blake and
/ Keschner.
| The secretary cf the Charities Depart
nent sent us these waivers and notified US
/ that Drs Valadier. GoodFart and Meagher
+ had not responded % the letters Of the de
partment. and therefore had forfeited their
rights Or Carr had written that he would
call az the department. but as ne had not
Lappearod within the time prescribed Drs.
Rainforth. Bellamy and Bacon remained
on the list from which the department had
20 make its selection. Or. Pacon was then
named by the department, not by the civil
Service Commission"
RI
ever. was not observed by the Municipal
. Civil Service Commission. The practice of
appointing men low down on a civil service
list by obtaining waivers from those above
them il frownei on by those interested in
civil service reform as being, even if legal
in form. an evasion Of the intent Of the law.
What the Rule Provides.
The civil service rule provides that:
The appointing officer shall notify the
| commission # the title Of the position. the
duties 70 he performed and the compenSa-
ton 20 be paid. The commission s!laIl
/ thereupon certify 10 such appointing officer
/ from the eligible list most nearly appro-
/ pirate 10 such position and for the grade
/ thereof. II I'm graded service, the three
| names at the head thereof.
/ II then requires that one Of these three
/ shall receive notice Of appointment and al
/ lows the rertihcation Of a fourth name only
after he has declined or failed 70 respond.
Il nowhere even suggests the possibility Of
certifying long list Of names for a single
place AMI allowing an appointing officer 70
go down the list not Offering men appoint
ments. but actually asking them TO decline
an appointment in order that a man lower
down NAV e reached Civil service re-
formers hold that such proceedings are not
offers Of appointment in good faith and do
not comply with the rule
John T. Skelly assistant secretary Of the
Municipal Civil Service Commission, said
yesterday that the whole transaction had
been according to law. and the commission
had had nothing 20 10 with the passing
over u the eleven names. except 20 accept
the report of the Department Of Charities,
which appeared 10 be correct in every re-
spect
Before asking for The certified list from
which 20 make the appointment Commits
sioner Drummond had requested that the
Office In question be exempted from COM
petition. sir Sicily said This request was
refused by Mr.. Creeman. The Commits
sioner then suggested that promotion ex-
animation be held but was again denied.
J. Mckee Borden. secretary II the Depart
ment Of Charities. finally wrote 20 the
commission on June 80 asking that 0erti-
fed list Of those eligible 20 the Office be for
warded to the department and that the
name Of DR. Bacon, which was twentieth
on the original list Of September %. 1901,
be included.
The answer was returned on July Y,
giving a list Of twelve names, With Bacon's
twelfth on the list and pointing OUt that
the law required the choosing Of one OF the
first three who signifed their willingness
10 accept The others were sent. however.
% provide for refusais on July 70 Mr.. Bor-
den wrote % the commission informing
them that Dr. Bacon had been appointed,
since four OF the men on the list had failed
70 answer within the required four days
and five had signed waivers. This left
three. from among whom Or. Bacon was
chosen according TO law. The waivers Of
the five men were inclosed.
mo Bargain or intimidation"
Mr.. Skelly declared that President Creel-
man had made no suggestion whatever
either 10 Commissioner Drummond or 70
TN. men involved with regard % the waiv-
ers. Each head Of department. however.
he said. knew the form IN which waivers
should be transmitted and the commission
had no authority 10 reject them when they
were received. Each OF the waivers certi-
fed that there had been no intimidation
and no bargain between the department
and the writer a clause suggested some
time ago by Mr. Creeiman 10 be used in
every case The waiver OF Or. Charles 3.
Dillon stated that IL was given lat the
suggestion of the secretary Of the Depart
ment Of Charities The waivers also con-
tanned clauses specifying that they were
signed with the understanding that the
signers positions on the eligible list We're
not ieopardized
Mr. Sicily said that about a month ago
the form # waiver had been changed from
a waiver in favor Of particular person 10
a general waiver Of the Office IN question
Waivers. ne said, might also be temporary
and in no case did they affect the standing
OF the man on the list or GisqIaify him for
other offices.
4 letter from Frank \. spencer. secretary
Of the commission. To Commissioner Drum
r,,rd dated July y informed him that