of the last section shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not less than fifty dollars and not exceeding one thousand dollars, or by imprisonment for a term not exceeding six months, or by both such fine andimprisonment, in the discretion of the court. § 13. No recommendation or question under the authority of this act shall relate to the political opinions or affiliations of any person whatever. § 14. Whoever while holding any public office, or in nomination for, or while seeking a nomination or appointment for any public office, shall corruptly use or promise to use, whether directly or indirectly, any official authority or influence (whether then possessed or merely anticipated), in the way of conferring upon any person, or in order to secure or aid any person in securing any office of public employment, or any nomination, confirmation, promotion or increase of salary, upon the consideration or condition that the vote or political influence or action of the last-named person, or any other, shall be given or used in behalf of any candidate, officer or party, or upon any other corrupt condition or consideration, shall be deemed guilty of bribery or an attempt at bribery. And whoever, being a public officer, or having or claiming to have any authority or influence for or affecting the nomination, public employment, confirmation, promotion, removal or increase or decrease of salary of any public officer, shall corruptly use or promise or threaten to use any such authority or influence, directly or indirectly, in order to coerce or pursuade the vote or political action of any citizen, or the removal, discharge or promotion of any officer or public employe, or upon any other corrupt consideration, shall also be guilty of bribery or of an attempt at bribery. And every person found guilty of such bribery or an attempt to commit the same, as aforesaid, shall, upon conviction thereof, be liable to be punished by a fine of not less than one hundred dollars nor more than three thouand dollars, or to be imprisoned not less than ten days nor more than two years, or to both said fine and said imprisonment in the discretion of the court. The phrase "public officer" shall be held to include all public officials in this State, whether paid directly or indirectly from the public treasury of the State, or from that of any political division thereof, or by fees or otherwise; and the phrase public employe" shall be held to include every person not being an officer who is paid from any said treasury. § 15. A majority of the members of said board shall constitute a quorum, but a less number may adjourn from day to day. Said commission, when organized, shall immediately inquire into the methods of appointment, removal, terms of service, duties, compensation and numbers of all clerks, employes or subordinate officers of any nature whatsoever, either to this State or of cities or counties therein having a population exceeding fifty thousand iuhabitants, who are not by existing laws appointed by the governor of the State or by the mayor of any city, or elected by the people; and whenever the action of political parties or the public acts of official servants are in any wise affected, and if so to what degree, by the present methods of such appointments, tenure of office, removals and compensations, and whether the public interest would or would not be advanced by prescribing competitive tests of standards of appointment for any or all of such subordinate public servants, in addition to those who are hereinbefore included, and if so, the nature and extent of such tests or standards; and whether any abuses exist in connection with the existing practices touching said appointment, tenures, compensations or removals that require reform, or that may be abated by legislation or otherwise. Said commission may also further extend its inquiries so far as to enable it to report whether any and if so what legislation is expedient, relative to the methods of compensation of all county officers and their subordinates in this State. * § 16. Said commission shall have like power to secure, by its subpoena, the attendance and testimony of witnesses, and the production of books and papers pertinent to the investigations and inquiries hereby authorized, to that prescribed in and by chapter three hundred and fifty-three of the laws of eighteen hundred and eightytwo, for the commission thereby constituted in the execution of its duties as in said act last mentioned; and witnesses and officers to subpoena and secure the attendance of witnesses before said commission shall be entitled to the same fees as are allowed witnesses in civil suits in courts of record. Such fees need not be prepaid, but the comptroller shall draw his warrant for the payment of the amount thereof, when the same shall have been certified to by the president of the commission, and duly proved by affidavit or otherwise to the satisfaction of the said comptroller; and all State, county, town, municipal and other officers and their deputies, clerks, subordinates and employes shall afford the said board all reasonable facilities in conducting the inquiries specified in this act, and give inspection to said board of all books, papers and documents belonging, or iu anywise appertaining to their respective offices, and also shall produce said books and papers, and shall attend and testify when required to do so by said commission. 17. Said commissioners herein before named, or in case of vacancy from among their number by declination, resignation or otherwise, a successor commissioner, to be appointed by the governor, shall qualify by filing with the secretary of State an oath to perform faithfully the duties of such commissioner. Each commissioner shall receive the compensation herein before provided, together with his actual traveling expenses in the discharge of his duties as such commissioner, the said salaries and expenses, together with the other necessary expenses of said board to be approved by the comptroller and thereafter paid out of the treasury of the State; and the sum of * As amended by section 5 of chapter 357, passed May 24, 1884. [Assembly, No. 34.] fifteen thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the State treasury not otherwise appropriated for the purposes stated in this act. SUPPLEMENTARY PROVISIONS. CHAP. 357. AN ACT to amend chapter three hundred and fifty-four of the PASSED May 24, 1884; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. (Amends section three of chapter three hundred and fifty-four, Laws of eighteen hundred and eighty-three.) § 2. (Amends section four of chapter three hundred and fiftyfour, Laws of eighteen hundred and eighty-three.) § 3. (Amends section eleven of chapter three hundred and fiftyfour, Laws of eighteen hundred and eighty-three.) 84. (Amends section twelve of chapter three hundred and fiftyfour, Laws of eighteen hundred and eighty-three.) § 5. (Amends section sixteen of chapter three hundred and fiftytour, Laws of eighteen hundred and eighty-three.) 86. The sum of one thousand dollars is hereby appropriated out of any unexpended balance in the treasury, to meet any expense incurred by section five of this act; which expense the treasurer shall pay on the warrant of the comptroller. § 7. Section ten of said act is hereby repealed.* 8. The election officers now in office, and the inspectors of election, and poll clerks shall be exempt from examination in accordance with the act hereby amended, or the amendments thereof, and it shall be the duty of the commissioners and mayors of cities so to provide in regulations made under said act. § 9. This act shall take effect immediately. *Refers to section ten of chapter three hundred and fifty-four, Laws of eighteen hundred and eighty-three. СНАР. 410. AN ACT to amend chapter three hundred and fifty-four of the Laws of eighteen hundred and eighty-three, entitled "An act to regulate and improve the Civil Service of the State of New York." PASSED May 29, 1884; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. (Amends section five of chapter three hundred and fifty-four, Laws of eighteen hundred and eighty-three.) 82. (Amends section eight of chapter three hundred and fiftyfour, Laws of eighteen hundred and eighty-three.) § 3. Where, before the passage of this act, the mayor of any city herein mentioned has prescribed regulations pursuant to the power given him by the act hereby amended, such regulations shall be deemed to be established and prescribed and to be operative as if established, prescribed and approved under the provisions of the said act as hereby amended; and the examiners who, before the passage of this act, have, by the mayor of any such city, been appointed or designated under the provisions of the said act, shall be deemed to be appointed and to have all the powers and duties which they would have if appointed under the provisions of the said act as hereby amended. 84. In grateful recognition of the services, sacrifices and sufferings of persons who served in the army or navy of the United States in the late war, and have been honorably discharged therefrom, they shall be preferred for appointment to positions in the Civil Service of the State and of the cities affected by this act over other persons (of equal standing) as ascertained under this act, and the act hereby amended, and the person thus preferred shall not be disqualified from holding any position in said civil service on account of his age nor by reason of any physical disability provided such disability does not render him incompetent to perform the duties of the position applied for. CHAP. 29. AN ACT to amend chapter four hundred and ten of the laws of one thousand eight hundred and eighty-four, entitled "An act to amend chapter three hundred and fifty-four of the Laws of one thousand eight hundred and eighty-three, entitled 'An act to regulate and improve the Civil Service of the State of New York."" PASSED March 1, 1886; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section four of chapter four hundred and ten of the Laws of eighteen hundred and eighty-four entitled, "An act to amend chapter three hundred and fifty-four of the Laws of eighteen hundred and eighty-three, entitled 'An act to regulate and improve the Civil Service of the State of New York,' is hereby amended so as to read as follows: § 4. In grateful recognition of the services, sacrifices and sufferings of persons who served in the army or navy of the United States in the late war, and have been honorably discharged therefrom, they shall be certified as such by the commissioners, board or officers authorized to report names for appointment, to the appointing officer, or other appointing power, and shall be preferred for appointment to positions in the Civil Service of the State, and of the cities affected by this act and the several acts hereby amended, over all other persons though graded lower than others so examined and reported, provided their qualifications and fitness shall have been ascertained as provided under this act, and the several acts hereby amended, and the person thus preferred shall not be disqualified from holding any position in said civil service on account of his age, nor by reason of any physical disability, provided such age or disability does not render him incompetent to perform the duties of the position applied for. § 2. Said chapter four hundred and ten of the laws of eighteen hundred and eighty-four is hereby amended by adding thereto the following: § 5. Whenever it shall appear after a competitive examination for appointment to a position in the civil service of the State, or of the cities affected by this act, and the several acts hereby amended that more than one such honorably discharged soldier or sailor is qualified to fill the same, the commissioners, board or officer authorized to report names for appointment shall certify to the appointing officer, or the appointing power, all of such honorably discharged soldiers or sailors whose qualifications and fitness have been ascertained as aforesaid, specifying their respective grades in such examination; provided, however, that when more than three of such honorably discharged soldiers or sailors shall be so found duly qualified for appointment to such positions, there shall be certified for such appointment not more than two names in excess of the number of places to be filled, and in all such cases the appointment shall be made from among those not exceeding three in number, being so certified, who are graded highest, as the result of such examination. 3. This act shall take effect immediately. L |