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considered as identical or conjoined; but this differentiation might be in itself immaterial, were it not made harmful by the restoration to the appointing officer of exclusive control of the examination for fitness. This is a great retrogression towards the old patronage system, since however high or low may be the marking of a competitor for merit, it can be practically reversed or even nullified by the subsequent marking for fitness, made by the appointing officer. The methods of marking relatively these two factors must be taken into account. In the examinations for

merit all the questions propounded to the several candidates are identical, and these, the several answers to them and all other pertinent matters, are of permanent record, and the relative values of the several answers are estimated by persons ignorant of the names of those whose work they thus estimate. In the fitness examinations by appointing officers the record of the methods and of the tests of the several candidates is so exceptional that it may be said there is none kept, and as all the competitors are known to those who relatively mark their fitness, the marking is not impersonal and so is liable to the influences of favor or prejudice. When the merit list, as in most cases, is the result of similar examinations held at many points throughout the State, the call for a fitness examination at a single city-perhaps situated at one end of the State-involving an additional and expensive trip with doubtful chances of benefit, receives only a partial response and gives a great advantage to those living near the particular city. In this respect there is a serious impairment of the equal rights of the competitors. One of the first cases that illustrated the possibilities of the new law was the filling of a vacant clerkship in one of the State offices at the capitol. There were summoned to the fitness examination to be held under the exclusive direction of

this office the 147 persons, scattered about the State, whose names were on the proper merit list. Of these only 14 appeared, among whom was a man who had no expense of travel since he was then and had been for several years employed in the office in question, ostensibly as a laborer, but on duty as a clerk and receiving the pay of a clerk-an abuse that the Civil Service Commission had vainly striven to correct. During this period the laborer had entered several examinations for clerkships, but failed to reach a point where he could be certified for appointment. He was on the eligible list converted into a merit list under the new law in July last, and he stood in order of relative excellence the 112th on that list-in other words there were 111 competitors certified as more meritorious than he. There appeared in answer to the summons only 14 of the 147, and of these the laborer was the 11th in rank. There is no record of the nature of the fitness examination or of its details, but the known results are that all of the fourteen, except the pseudo-laborer, were marked below 35-the minimum point and, therefore, denoted as manifestly unfit-and the lucky man being marked 43.50 received an appointment in the office where he had labored so long in defiance of the spirit of the law at least. This example demonstrates several of the abuses now possible.

There are many other evidences that those that have obtained places on the merit lists decline to attend subsequent fitness examination at a distance, and that such disinclination is increasing. In the first fifty-three fitness examinations only an average of 30 per cent. of those on the merit lists attended, and in the last ten of these only 18 per cent. appeared. Under the previous rules only the three standing highest on the eligible list could be summoned before an appointing officer for his personal inquiry.

As a further illustration, a second case may be quoted where 36 candidates appeared and the 35th one on the merit list was appointed; in a third case where 63 appeared the 52d on the merit list was selected, and many other like cases are recorded. Of course, it is impossible to account clearly or satisfactorily for these great discrepancies in relative merit and fitness, since we only know how the former was estimated, but grave doubts regarding these estimates of fitness by appointing officers, or what is more general by their delegated subordinates, are suggested by some untoward experiences when the preparation of questions for a merit examination has been committed to the office in which occurs the vacancy to be filled.j

Some insight into the character of fitness examinations held by appointing officers may be obtained from the recent report of the New York City Civil Service Commission, where the disclosure of a defiance of all respect for law, fairness and decency is as conspicuous as in many instances it is ludicrous.

It is manifest that in such examinations there is no reality or even semblance of that open fair competition contemplated by the Constitution.

It may be said on the other side that the law is tentative and should have a further trial, but this claim loses its force in view of the fact that the law restores to appointing officers a power the free exercise of which the experience of centuries condemns. If it were not such a question of radical principles but simply of applying such princples there might be good cause for further trial, but modification could at the best only mitigate the present known defects. It has been proposed to raise the standard of the examination to such a degree that only the absolute cream of the competitors would rise above the minimum point, thus re

ducing the cumbersome merit lists and ensuring the appointment from the most capable. This would give irresistible strength to the old criticism that examinations are frequently too scholastic and exacting, while if the project were carried to its logical conclusion the area of selection would be reduced to three or less persons and the limitations of the old rules thus restored in a round-about-way. Another proposition is that the records of the fitness examinations shall be recorded as fully as those for merit, but this affords no relief from requiring the attendance of throngs of candidates at every test for fitness at an intolerable expense; and as the examiners are subordinates in the office where the vacancy is to be filled the same opportunity is afforded for "coaching" in advance favored competitors as has been detected when the questions for a merit examination have not been in the exclusive knowledge and charge of the Civil Service Commission and its selected agents. In brief, so long as appointing officers have any participation in the conduct of civil service examinations there will be danger that considerations other than those for the public weal may govern their results. I have faithfully endeavored to find some means whereby under your direction this danger could be averted by restrictive rules or other available means, but the defects in the law are inherent and so incurable by any device of administration.

The only effective remedy for these inherent defects is in my opinion a restoration of the previous law, since no possible circumspection could detect abuses of the present clear opportunities for favoritism, and its consequent evils and denial of fair play to all, granted to so many distinct officers. I do not see how they could be effectively guarded against by the vigilance of this Commission, aided by that of all citizens, official or other

wise, who desire to sustain the constitutional provision for the civil service, supplemented by your own purpose to punish, so far as you have the power, any infraction of that provision, in its letter or spirit.

Respectfully submitted,

SILAS W. BURT,

Civil Service Commissioner.

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