it is hard to refrain from suspecting, are often for the purpose of throwing about favorite incumbents the protecting mantle of the Civil Service law; and the second, perhaps, for the purpose of opening the way for the appointment of favorites. The Commission has endeavored to consider each application for a change in classification on its merits and to construe strictly and impar tially the law in respect to them. To do otherwise would be to make it the football of politicians and bring discredit upon the whole civil service system of the State.

Promotions.

It is impossible for the Commission to comply with requests, sometimes made by appointing officers, to authorize the promotion of certain individuals in a department, except in cases where the individuals named may be the only ones eligible for the advancement. The Constitution makes competition the rule for promotion as well as for original appointment, and hence the Commission must insist that promotion examinations shall be open to all whose grade and group entitle them to the right to compete. Appointing officers sometimes complain of these examinations and say that they ought to be the best judges of the comparative fitness of their subordinates for promotion. The Commission recognizes the truth of this and would be glad to give due weight to the judgment of superior officers, if they would comply with the law and furnish the Commission adequate data upon which to rate the faithfulness and efficiency of the candidates.

The Civil Service law, carrying out the constitutional mandate, provides that promotion shall be based upon merit and competition and upon the superior qualifications of the person

promoted as shown by his previous service, due weight being given to seniority, and the rules provide that "the test of actual service being the main factor in fitness for promotion there shall be kept in every office continuous and comparative records of the efficiency, punctuality, attention and general good conduct of all persons employed therein" (rule XIV, subdivision 8). The importance of records of this character in making up the final rating of candidates for promotion can not be overestimated, and heads of departments are earnestly requested to afford the Commission the aid that such records constitute.

The Power of Removal.

The Civil Service law of this State does not limit the power of removal outside the counties embraced in Greater New York, except by prohibiting the consideration of political influences, and except by the requirement that veterans of the Civil and Spanish wars, or active or exempt volunteer firemen, shall have a hearing upon due notice upon stated charges. Otherwise the head of a department may remove a subordinate at will, and is empowered to dismiss summarily from the service unfaithful, incompetent or otherwise unacceptable employees. The largest power of removal in no way militates against the rights of capable and faithful subordinates. They are protected in their tenure of office, not only by the shield that honest and efficient service always affords, but by the fact that an appointing officer who might be disposed to use his so-called "patronage" for political or personal ends can not, by creating a vacancy, make place for a favorite. He must make the appointment from the three names at the head of the appropriate eligible list established through competitive examination by the Civil Service Commission.

Therefore, the incentive for making a change is lacking and the faithful subordinate stays on.

The prohibition as to the consideration of political influences, it is well to reiterate, applies to appointments and promotions in public office, as well as to removals from such office, and to positions in the exempt and non-competitive classes as well as to those in the competitive class. The law (section 23) explicitly declares that no appointment or selection to or removal from an office or employment within the scope of the Civil Service rules shall be in any manner affected or influenced by the political opinions or affiliations of any person whatever.

Frauds in Examinations.

The Commission is in frequent receipt of communications alleging frauds in examinations, particularly in the case of those conducted under the direction of the several municipal commissions. It gives careful attention to complaints of this character, and sometimes is able to trace them to their source and determine their truth. In one noteworthy case during the past year, it obtained evidence of an impersonation committed at an examination conducted by its chief examiner in New York City. This case is now in the hands of the district attorney of New York county, and it is the desire of the Commission, if guilt is proven, that the culprit shall be punished by a term of imprisonment, as the only effective deterrent for such offenses against the law. But most of the complaints referred to are without real foundation, as was undoubtedly that of an unsuccessful candidate in a recent New York examination who made grave allegations as to the integrity of the examining officers, but who has thus far successfully evaded the Commission's summons to appear and

prove his charges. In a large majority of cases, the communications are anonymous and the Commission finds it impossible to identify or communicate with the writers, or secure their aid in an investigation.

The State Service.

The classified civil service of the State, by the extension of the rules over the counties of Albany, Monroe, Onondaga and Westchester, and by natural growth, has been increased during the year by 1,067 positions, of which 454 are in the competitive, 315 in the non competitive and 298 in the exempt class. This makes a total of more than 11,000 positions now directly under the purview of the State Commission. To provide for the filling of new positions and for the changes incident to this large force, the Commission through its chief examiner and his assistants has conducted monthly examinations in each of the cities of the State, besides a number of competitions for positions requiring the possession of peculiar qualifications, and in addition to a large number of promotion and provisional examinations. There have thus been examined during the year a total of 6,923 candidates, of whom 4,562 have been found qualified and 2,361 failed. Among the most notable of the examinations held were those to establish lists of candidates eligible for appointments to the following positions: Bank Examiner; Law Examiner, Board of Statutory Consolidation; Military Instructor; Assistant in Geology, State Museum; Supervisor of Farm Cottage, State Industrial School; Taxidermist, State Museum; Assistant in Clinical Laboratory, Pathological Institute; Histological Laboratory Assistant, Pathological Institute; Sub-Inspector of Public Libraries, Department of Education; Assistant in Photographic Chemistry, Cancer Laboratory; Chief of Bureau

of Statistics and Information, Department of Agriculture; Inspector of Locomotive Boilers; Architectural Designer; Examiner, Mortgage Tax Bureau; Transfer Tax Clerk; Bookbinder; Music Teacher; Assistant in Botany; Assistant in Microscopy; Bertillon Clerk; Statistician; State Librarian; Law Librarian; Reference Librarian; Director of Library School; Chief of Home Education Division; Lecturer, Education Department.

Of the total number of positions now in the State service, as above stated, 1,284 are classified as exempt, 4,080 as competitive and 4,879 as non-competitive. At first sight, in comparison with the Federal service, this may seem an excessive number of exempt and non-competitive positions. But while a general and systematic reclassification of the State service might result in a considerable reduction of the number of such positions, no comparison of the Federal service and the State service can be justly made which does not recognize the fact that the State government is made up of small departments whose chief officers are necessarily exempt and that the State service does not like that of the Federal government contain offices where thousands of persons perform substantially similar work. In this classification is also included the county service, where under the law many employees, such as deputy sheriffs, may perform the duties of their chiefs. The great majority of the exemptions in the State and county service are not subject to the discretion of the Civil Service Commission, but are required by the statute. They include 196 court clerks and secretaries to heads of the departments. It is also to be noted that of the 4,879 positions in the non-competitive class over 4,733 are in the State hospitals and other State institutions as attendants, firemen, nurses, etc., drawing what are practically laborers' salaries. The non-competitive