New-York tribune., 1912-03-09
HEALTH BOARD SPLIT OPEN
Inspector ReinStated Over Led
erIe'S Protest Not Back at Work.
QUESTION ABOUT LEGALITY
Bureau of Municipal Research
Says Civil Service Law Must
Be Complied With.

- The split in the Board of Health has not
been cemented yet. Although DIR. Joseph j.
O'Connell, Health officer of the Port, and
Police Commissioner Waldo voted on Tues
day TO renstate a medical inspector who
| had been dismissed on charges nearly a
year ago, il was learned yesterday that
Health Commissioner Lederle had not put
back TO work the man renstated over his
protest, but had instead referred the mat
ter to the Municipal Civil Service Commits,
sion TO decide. Persons in a position to
know looked on Commissioner Lederles
action as meeting with the approval of the
Mayor and as a direct outcome of his con-
ference with the Mayor the day after the
trouble In the board
That the action of the Police Commits
sioner and the Officer of the Port in re-
instating the medical inspector has stirred
up a good deal of commotion was shown
yesterday, when the Bureau Of Municipal
Research took a hand and wrote to Com
missioner Lederle questioning the legality
OF such a reinstatement. The Civil Service
Reform Association, IT was discovered, had
begun an investigation Of the case
The directors Of the Bureau of Municipal
Research said in their letter to Commits
SlONeT IeueIle lndt tHe nhIIle oL Ots " COil-
nor, the dismissed medical inspector. APP
peared on the disqualified list Of the
Municipal Civil Service Commission. Under
Rule z, subdivision il Of its rules, it is
pointed out. the commission may refuse to
re-examne and recertfy him for appoint
ment Without such re-eXamination and
recertifcation he cannot be appointed as
medical inspector
Or. O'Connell was asked last night what
action would be taken in view of the pres
ent turn OF the case lie said II was up
TO tie Municipal Civil Service Commits
sion" So far as the Bureau Of Municipal
Research was concerned. he said, he did
not know the directors Of IL were Civil
Service Commissioners.
Il voted TO reinstate DR.. O'Connor." said
tie Health Officer because l thought he
had been done an injustice. I heard of his
case six months before any action was
taken, but determined If / ever could to
rectify itSMy vote last Tuesday shows my
position in the matter plainly"
When reminded that at the time DR..
OConnor was dismissed two other medical
inspectors were also dismissed. he said:
Il don't know anything about their cases.
II there was injustice done and II was
brought to my attention l would do as l
did i'm the other case"
DR.. O'Connell said he did not know any
thing about plan on his part and that
Of Commissioner Waldo 10 80 into the
Board Of Health and run things. Il want
10 see things run right. that's all said the
Health Officer.
Among other statements made by the
directors Of the Bureau of Municipal Re-
search I'm the letter to the Health Commls-
sloner are the following
There IL no express provision IN the cDaI-
ter or elsewhere comforting power upon the
BOARD OF Health to reinstate as memDel
of tho department one who has been Iesally
dismissed No such power Is to De lnlpHeu,
The fact that Charter Section loi"'I en- 49,,
t,pC1 tho heads of the Police and flre re
nartroents power to reinstate IN certain
cases and under certain conditions ~ recoS-
,ttion of the fact that the power 10 rem
state does not exist in the absence OF
No obiection is made as 10 the legantN
of Dr O'Connor's dismissal. IL legally dls.
charged then being no longer member OF
tho Department of Health and no lonsei
within The Jurisdiction Of the board. ne may
mot be reinstated by them. No court woulh
sustain a rule that would elloW lesaI o u,n
,njesais 10 be reversed with every chahsS
~ administration without the necessity OF
,bo anplicant complying with the provision
~ the Civil Service law. Shouid Dr, - on,
~ ~ he nIaced upon the payroll OF the city
,,onr tho authority OF this alleged rem
siatepoent a taxpayers action would lie 10
reetrajn payment OF his salary