New-York tribune., 1911-04-19
BY THE MAYOR
Gaynor Sees Politics in Recent
DiSmisSaIs by PrendergaSt.
SAYS LAW WAS VIOLATED
Controller Declares There Are
Errors in Letter Attacking
His Administration.

Controller Prendergast last night for dis
missing or forcing out men from the Fl
nance Department "for political reasons.
as the Mayor put II.
The attack was in the form of letter to
John e. Mcclure. president of the Munci-
pal Civil Service Commission. disappearing
ring ninety-seven places in the Finance De
pariment from the exempt 10 the classified
lists
To approve the resolution. the Mayor
said. would be 20 help intrench in these
positions the present incumbents who oh
tanned them in violation Of the law The
Mayor quoted 2 section Of the Civil Sery ice
law. and added Section 1866 Of the penal
law makes the violations Of this provision
an indic'able offence"
The relations between the MAYOR and the
Controller have been strained for some
time although in public both make the
appearance Of being on cordial terms.
There are several errors in the state
nients Of the Mayor" said the Controller
when informed Of the substance Of the let
ter but 7 shall make no formal reply until
have chance 10 see the text Of the let
ter"
The Mayors letter started as follows:
! cannot approve the resolution of your
toard Of April II amending the classifics
ton of the positions of the Finance De
partment by striking ninetv-seven thereof
competitive hereafter. Most of the preser:
incumbents Of these positions were APP
POINTED 10y the present Controller, some of
them within a few weeks In order 10
In fp1S hC all y
turned out their predecessors partly by
out and -out dismissals and partly by forced
designations.
The lismisssls we're not confined to these
nincty-seSen. There were 17s employees
In all turned ont. few of them hy
forced transfers Their places were given
To others Nearly AL Of those tcrned out
bad long been employed in the Finance
Department. one for even thlrty-seven
years, and no cause was assigned or sue-
cested for their dismissal except politics.
MANY NJ them brought suit in The courts
for reirstatement on the ground that they
were Illegally dismissed namely. because
Of their politics or party affiliations being
different 10 those Of the Controller.
The Mayor then referred 10 the suit Of
Peter J. Garvey, who was reinstated in his
place in the paymaster's bureau by the
lower court. The case has been appealed
however In regard 10 this suit the Mayor
wrote:
The jury returned verdict that the dis
nissal was for political reasons. The Con-
troller was examined a witness and
testified without hesitation that he did not
consider the efficiency of those he turned
out The following is his answer 10 the
court on that head, viz.
BY the court-1he question is whether
YOU considered the question Of the efficien-
cy OF the former incumbents. that is the
point. Answer--I did not
,Cf1 f.z
on the witness stand his motive OF politics
in making the dismssals and his estimate
of the provision OF the civil Service law
which forbids dismissals for political opin-
ions or affiliations. The following passages.
selected out Of many Of the same kind. Will
suffice. viz:
II feel that It is inexpedent to try and
enforce something upon human beings that
human nature itself reSentS That is my
idea about that feature of the law"
"A cashier came TO me and said the only
reason | am being fired is because ] am a
Democrat. and / said | don't know of any
The law" law says you Must, not dismiss a
man on account Of his politics You can
not dismiss men for their politics. but YOU
can on account OF the color Of their hair.
What is the use having any such provision
I'm the Civil Service law? You know II is
hypocrisy, and that is the plain English
of it,"
The provision Of the Civil Service law
Of which the Controller thus spoke on the
witness stand is in Section % and is as fol-
lows:
mo recommendation or question under
the authority OF this act shall relate to
the politca opinions or affiliations Of any
person whatever; and no appointment or
selection TO or removal from an office or
employment within the scope of the rules
established as aforesaid shall he I'm any
manner affected or influenced by such
opinions or affiliations"
And Section 1856 Of the penal law makes
the violations pf THE prOyfyOu indiGf-
able offence.
The Mayor went on TO declare how care
ful he had been not 10 cause any dismissal
for political reasons, saying:
came into the Mayors office determined
from long conviction and habit that no one
in any Of the sixteen departments and bu-
reaus under my control should he dismissed
during my term OF office for any political
reason, and that determination has been
carefully kept. | believed that the welfare
and proper government of the city required
that ! follow that course and that the
enlightened. humane and decent sentiment
of the community in which ! live was IN
accord with me. 10 say nothing of the posi-
tive provision Of the statute which / have
cited.
But while have been adhering TO this
course | have been looking on with feelings
Of regret at these dismisHas for political
reasons from week to week from the De
partment Of Finance. an elective office over
which the Mayor has no control. Many OF
the victims thus deprived of their Iiyings
some Of them after a generation and more
Of service to the city, applied TO me. but
could not help them
And all of this occurred without any OBJ
lection or protest from anv quarter so far
as ] have observed. Sometimes could not
help feeling. therefore, that my views were
not shared 10y my fellow citizens and that
II would please them Just as we'll II also
should follow the course of dischargiug
employees of the city and appointing others
I'm their places for political reasons But
could not bring myself to believe il.
Suggesting that he would be willing 10
have the places taken ont If the exempt
class. If II could he proved to be = legal
move. which he doubted. il the Controller
should consent 10 have the present incum-
hents of the Offices in question compete for
the places with others he said:
Ny feeling is that ! cannot approve this
resolution without making myself party
to moral wrong and violation of law |
should re helping to intrench in these no
sitions the present incumbents who oh
tanned them i'm violation Of law. II these
positions NAV lawfully be put i'm the com
petitive class (Which has not heretofore
been thought to lie tho case and about
which there Is now much doubt. the pres
ent lnCum hents should ne obliged to com
pete Ike every one else I'm the examination
10 make up an eligible list from which to
FL them II the Controller will consent to
this. then We can proceed 10 make the DO
sitions competitive. If lawful. and FIJI them
by competition.
As the case now l.. the former incum-
hents were summarily removed by the Con-
troler for political reasons and 10 enable
him 10 appoint I'm their stead persons of
his own political opinions and affiliation
That viola tion Of law being ACCOMPLISHED
the attempt now IS 10 get your board and
the Mayor to rstify and intrench It. can
not bring myself to do II.
Since Is have been MAYOR 7 have done
much for The sake Of peace and 10 pre-