New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-07-15
Veterans Lose
Preference in
Civil Service.
Court of Appeals Rules Law
Providing Special Recog.
milton for Ex-Soldiers of
CreatWarUnconstitutional
1000 ON List Affected
State Tribunal Withholds
Decision on Bonus Bill
Until After August Recess

The State Court of Appeals, revers-
ing decisions of the lower courts.
yesterday declared unconstitutional
Chapter 282 of the Laws of 1920, which
provided that World War veterans be
preferred for appointments and pro-
motions in the civil service. Judge
Cardozo wrote the opinion.
The court subsequently took recess
until August 81 without rendering a
decision on the constitutionality of the
soldier bonus law. The recess was
taken, it is declared, to give the court
more time for consideration Of this
law. The constitutionality of the bonus
law was attacked by the Westcheste r
County National Bank of Peekskill,
which appealed from a decision of the
Appellate Division of the Supreme
Court, Sd Judicial Department, uphold
ing the law and entering judgment for
the state for $4,000 against the bank
to compel payment for that amount of
soldier bonus bonds.
Appointments May Be Cancelled
AS result of the civil service de-
cision appointments which have been
made in the civil service under the
law as it has stood will probably
be cancelled. Albert De Roode, who
brought the proceedings in behalf of
the Civil Service Reform Association
said yesterday that the ruling will
affect at least 1000 persons who would
have received preference had the law
been upheld.
1T is a signal victory for general
fairness in behalf of applicants, be-
cause preference is directly contrary
t. the spirit of the service" said Mr
Dc Roode. "According to the law as
it existed man might have been
oishonorably discharged from military
or naval service and still have been
| entitled to preference. The effect of
the law, had it been upheld, would
have been to give any person who was
Oil a preferred list at the outbreak of
the war and who thereafter had merely
entered the service an absolute right
to position, irrespective of his stand
ing on the list. In the case involved
| IL was sought to prevent the appoint
| ment under this law of a man standing
363d on the list.
Unfair Treatment Alleged
"The law allowed men to be pro
noted, irrespective of the service thew
performed, over others whose records
| showed them to be better qualified
Between veterans themselves it pro.
vlded unfairly that those who by ac,
cident happened to be on the lists al
che time of their enlistment were pre-
\ &c fn <ko IL
same status who had no chance to com.
pete. Nor was preference granted or
the score of any heroic service, but or
the fact only of entering service. A
man who was discharged because o1
fiat feet or for any similar cause was
| entitled to the same favor as the mar
who had won medal"
Proceedings were begun in May, 1920
III behalf of persons on an eligible list
for promotion TO the position of police
sergeant They were instituted in the
name OF Charles Barthelmess, as titula,
Plaintiff, against Morris Cukor, presi
dent of the Municipal Civil Service
Commission OF New York City.
ALBANY, July 14.-Another delay
IN the distributing Of application
blanks to those eligible to the state
soldier bonus was caused by the failure
of the Court of Appeals to pass today
on the constitutionality of the bonus
law The decision was expected this
morning, but the split among the
judges on the question resulted in an
adjournment to August 81, SO as tc
| give them more time to consider it
The State Bonus Commission in the
mean time will retain it's organization
IN anticipation OF favorable decision
put VIII hold up the work Of distribut
=, ing the bonus applications. which was
to have been completed by August l. "