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little objectionable as possible. The veterans were satisfied with the law as enacted, and are entitled to very high credit for their moderation and patriotism in accepting a preference founded on a civil service examination, and preserving the principle of competition among themselves. As remarked by the Governor in his message, "The methods of civil service thus become a valuable aid to competent veterans without risks from influence or favoritism," and superior fitness is assured of just recognition.

THE INQUIRIES DIRECTED BY SECTION 15 OF THE ACT.

By the fifteenth section of the act the Commission was directed, when organized, to "immediately inquire into the methods of appointment, removal, terms of service, duties, compensation, and number 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 inhabitants, 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 herein before 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."

The duty thus enjoined was performed so far as was practicable the first year the Commission was in office, and the results were given in the report of that year in the form of a complete catalogue of persons in the public service of the State, and of the cities and counties, the departments or offices, in which they were employed, with their salaries or compensations so far as could be learned. Information with regard to the action of political parties, or the public acts of official servants as affected by the methods existing at the time of the enactment of the Civil Service Law, was also procured to a considerable extent by means of a circular addressed

to public officials and prominent gentlemen in the State, and the responses thereto received by the Commission were embodied in the report of the first year, and disclosed a considerable diversity of opinion upon the subject. But there was a general concurrence that the patronage of spoils system was detrimental to the public interests, and a clog upon public officials. The commission has never lost sight of the duty enjoined by this section, but, as opportunity has occurred, has endeavored to acquire information upon the subject.

In the first report the Commission suggested that there was a lack of authority under the statute to take compulsory testimony, and that no means had been provided for defraying the expense of investigations of this character. The Commission also suggested that the same duty could, perhaps, better be performed by a committee of the Legislature. That body appointed a committee of that character in the session of 1884, which took a large mass of testimony relating to officials and official action in the city of New York, and which resulted in the enactment of divers reformatory acts of a sweeping character, and designed to effect large economies in the administration of public affairs in that city.

It has been the policy of the Commission, from the outset, to make the complete establishment of the reform system its primary and chief aim, and that object has constantly been kept in view. The incidental and collateral matters required to be done by the Civil Service Act, the Commission believe, could very properly await the greater purpose of establishing the reform on a permanent basis. That seems now to have been accomplished, and the Commission is prepared to give more attention and time to related matters of secondary importance.

The Commission proposes, as soon as can be done during the present year, to pursue thé inquiries directed to be made by the fifteenth section of the act, and to submit the results of their efforts with such recommendations for legislation as may appear to be proper, to the Governor and the Legislature.

The Commission has again procured and submits with this report a complete roster of the public service as the same existed on October 1, 1886.

MISCONCEPTIONS CONCERNING THE POWERS OF THE COMMISSION.

Many singular and inexcusable misconceptions will appear to exist with regard to the powers and authority of the Commission with respect to appointments.

Some appear to think that the Commission has control of appointments, and can give a position to a man when he desires to have one, or can assist a public official in giving a place to any one whom he may desire to accommodate. Others seem to think that the Commission can shift names upon the eligible lists so as to make those lists subservient to the wishes of those who desire places for their friends. And others, again, labor under the error that appointments are made from the competitive list only when the Commission sees fit to suggest names for vacant places.

It ought not to be necessary to correct misapprehensions so unfounded and errors so grotesque as these. But perhaps it may be well to repeat that the Civil Service Commission has no patronage. That it cannot furnish a position for any person, and that it cannot, and does not in the slightest manner, seek to influence public officers in making their selections or appointments, and cannot transpose names on the eligible lists, nor certify them out of their regularly ascertained standing.

The function of this Commission is clearly defined by law. It is to ascertain, by open competitive examinations, the fitness of the applicants for the classified public service, to make and keep lists of those found fit to enter the service, and, on demand of a public officer, to certify to him the names of three persons for a vacancy in the order of their merit, from whom the officer has the right of selection, subject only to the requirements of the statute, that the selection shall be made from among those graded highest, as the results of such competitive examinations.

As the statute, however, provides that there shall be noncompetitive examinations, when competition may not be found. practicable, there must, in some instances, be non-competitive examinations, and in those cases the function of the Commission is merely to cause those examinations to be properly made, and to certify their results to the officer who has made the nomination for such a position. The methods prescribed by the rules must in all instances be scrupulously observed, or the whole system would speedily become a delusion and fraud.

LUMP APPROPRIATIONS.

The Commission has, in its previous reports, called attention to the custom of lump appropriations, and has urged the desirability and importance to the service of a change in that custom.

For nearly all the departments of the State government lump sums are appropriated by the Legislature, with authority to the head of the office to apportion salaries in his discretion. This gives opportunities for favoritism, and leads to inequalities in the salaries paid in different departments for the same quality and character of service. This is manifestly unjust to those who are in the service.

It is very clear, and the Commission again urges the recommendation, that the subordinate public service should be carefully classified, and the compensation for positions in the various offices. and departments in the State government and State institutions. fixed by law, so that every person in the service may know precisely what his compensation is, and that uniformity of compensation may exist throughout all the departments and offices for similarity of service.

This would also be a great aid in promotions and transfers, which are now frequently embarrassed by the inequality of compensation. An illustration of the bad results of unequal pay for similar service is found at the Elmira Reformatory, where the guards are paid only about half the compensation received by the guards at the other prisons, although the service is practically identical. As a consequence, difficulty is experienced in procuring guards for the reformatory, and those who are employed rarely remain more than three months in the service.

This inequality is unreasonable and should be corrected.

THE CHIEF EXAMINER.

When the Hon. Silas W. Burt, the first chief examiner of the Commission, and who had so greatly aided the Commission in all its duties, resigned his position to accept another appointment under the Federal government in the customs service, the Commission appointed as its chief examiner Mr. Edgar M. Jenkins, of Schenectady. Mr. Jenkins held the position only a few months when he felt obliged to resign on account of ill-health. His

duties were performed very acceptably, although his illness was serious for some considerable time. Upon his resignation, which took effect about the 1st of March, 1886, the Commission appointed the Hon. James E. Morrison, then superintendent of public instruction, who still holds the position of chief examiner.

All of which is respectfully submitted.

JOHN JAY.

AUG. SCHOONMAKER.
HENRY A. RICHMOND.

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