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and, therefore, under the jurisdiction of the State Civil Service Commission. Under the city classification the position was subject to competitive examination, and the relator was a veteran who had qualified in such examination. The Court of Appeals affirming the decisions of the lower courts held that the position belonged to the city Civil Service and not to that of the State, and that the relator being the only veteran on the eligible list furnished by the city Civil Service Commission, was entitled to the appointment under its rules.

Another phase of this question arose in the case of Williams v. Worth. The relator Williams, had been examined by the State Civil Service Commission for the position of assistant county clerk of Kings county on the nomination of thejudges of thecounty court. Having failed in such examination, certification of his appointment to the comptroller of Brooklyn was refused, and the comptroller declined to pay his salary. The cases of three other appointees were exactly similar. The four appointees made application to the court for a writ of mandamus to require the county clerk, Jacob Worth, to allow them to continue to perfom the duties of the position, and raised the issue that the positions were in the county service and not subject to the jurisdiction of the State Civil Service Commission nor to that of the city of Brooklyn. The court granted the writ, sustaining the claim of the four appointees.

Following these decisions of the courts, the Attorney-General was asked for his opinion in regard to the employes of the surrogate of Kings county and those of the city court and court of general sessions in the city of New York, and in each case decided that such employes were not in the State service, but that those of the city court and the court of general sessions belong to the civil service of the city of New York and should be classified by the local civil service commission. Following these decisions the secretary has stricken from the roster of State employes the names of all persons connected with the minor civil and criminal courts in the several cities, the county and surrogate's courts of Kings county and the city court and the court of general sessions of New York. A portion of these positions have been classified by the New York city civil service commission. These decisions have removed a perpetual source of contention and have placed the jurisdiction over the positions involved in the hands of those who can most readily and satisfactorily administer it. The text of these opinions along with such others as have been given affecting civil service questions, will be found printed in full in the appendix of the report.

APPENDICES. There have been added to the appendices published in previous reports, the following: a table of statistics of the candidates entering competitive examinations during the past year, as to their birthplace, education, previous occupation, age, etc.; a table showing the results of the various competitive examinations conducted under the new civil service law, and a table showing the approximate number of positions in the various classes in each department and institution, as reported to his commission. The other statistical information contained in the appendices of previous reports has been repeated in substantially the same form.

Respectfully submitted,
CHARLES S. FOWLER,

Chief Examiner.

APPENDIX B.

Statistical Tables of Examinations.

LIST OF COMPETITIVE EXAMINATIONS, 1897. 1. EXAMINATIONS UNDER OLD RULES PRIOR TO May 15.

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March

3 March

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22-23

8 Expert ponman......

Superintendent cloth making industry.

Superintendent cabinet industry ......
12 Superintendent printing industry.
20 Milk expert, Department of Agriculture-
20 Vinegar expert, Department of Agricul-

ture.....
26 | Manual training instructor, Elmira Re-

formatory . ..
25 Telegrapher.......
5 | Statistical clerk, Department of Public

| Instruction......
5 | Inspector of teachers' training classes,

Department of Public Instruction..
27 Junior clerk .....

Total, March...

23

April

23-24

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