County Classification

Resolved, That the secretary and chief examiner be instructed to gather, as opportunity offers, the necessary data as to the public service in such additional counties of the state as have a population of 100,000 or over, with a view to determining the practicability of extending the classification to such counties. (Adopted February 10, 1905.)

Transfer Involving Promotion not Approved

A communication from Victor J. Dowling, Justice, Supreme Court, First District, dated February 10, 1905, asking approval of the transfer of Charles Freedman from the position of custodian in the County Clerk's office (salary $1,075) to the position of attendant in the Supreme Court (salary $1,500), was read. On motion the secretary was directed to inform Justice Dowling that Justice Gaynor, in the case of Hale vs. Worstell, has held that such so-called transfers are promotions, and that the Commission believes that it will have to be controlled by the decision as a judicial construction of the law so long as it stands unreversed.

(February 10, 1905.)

Transfer of Chief Engineer to State Industrial School

A communication signed by Superintendent Briggs and Warden Deyo, notifying the Commission of the transfer of R. G. Elliott from a position at Clinton Prison to a position at the State Industrial School, was presented. On motion it was

Resolved, That the transfer of R. G. Elliott from the position of chief electrical engineer, Clinton Prison, at $1,200 per annum, to the position of chief engineer at the State Industrial School, Rochester, at $1,120 per annum, be and hereby is approved under the provisions of civil service rule XV, subdivision 2, to take effect February 1, 1905, the name of Mr. Elliott being first upon the eligible list for the position of chief engineer.

(March 16. 1905.)

Transfers to Lewis and Clark Exposition Commission Communications signed by Charles A. Ball, secretary, Louisiana Purchase Exposition, and Frederick R. Green, president, Lewis and Clark Exposition Commission, regarding the transfer of DeLancey M. Ellis and Hugh J. Kelly, were considered. On motion the following resolutions were adopted:

Resolved, That the transfer of DeLancey M. Ellis from the position of director of education and social economy under the Louisiana Purchase Exposition Commission, at salary of $2,000 per annum and expenses, to the position of director of exhibits under the Lewis and Clark Exposition Commission at a total compensation of $3,100 for salary and expenses, be and hereby is approved under the provisions of civil service rule XV, subdivision 1, to take effect March 1, 1905.

Resolved, That the transfer of Hugh J. Kelly from the position of laborer under the Louisiana Purchase Exposition Commission, at compensation of $60 per month and expenses, to the position of attendant under the Lewis and Clark Exposition Commission at a total compensation not exceeding $100 per month, be and hereby is approved to take effect March 1, 1905.

(March 16, 1905.)

Transfer of Attendant to Supreme Court

A communication signed by Justice Gildersleeve, of the Supreme Court, first district, and Surrogate Fitzgerald, New York county, in relation to the transfer of William Byrne, was considered. On motion the following resolution was adopted:

Resolved, That the transfer of William Byrne from the position of attendant in the Surrogate's Court, New York county, at salary of $100 per month, to the position of attendant in the Supreme Court, first district, at $125 per month, be and hereby is approved under the provisions of sections 1 and 3 of the civil service rule XV.

(March 16, 1905.)

Promotion of Physician, Rome State Custodial Asylum A letter from Charles Bernstein, M. D., superintendent, Rome State Custodial Asylum, dated March 14, 1905, in relation to increase in the compensation of Lasher Hart, assistant physician,

from $600 to $900 per annum, was read. On motion the application was approved, it appearing that under the grading of the position of assistant physician at the Rome State Custodial Asylum established by the salary classification commission, said increase in compensation does not involve a change in grade.

(March 16, 1905.)

Assistant to Advisory Board of Consulting Engineers for Barge Canal

A communication from State Engineer Van Alstyne, under date of March 15, 1905, requesting approval of the promotion of William B. Landreth from the position of resident engineer and assistant to the advisory board of consulting engineers for the barge canal, at salary of $3,900 per annum, to the position of special resident engineer and assistant to the advisory board of consulting engineers, at salary of $4,500 per annum, was considered.

On motion the promotion was approved, for the reason that there is no change in grade and it appears that for the position of special resident engineer there is not required an examination involving essential tests or qualifications different from or higher than those required for original entrance to the position now held by Mr. Landreth.

(March 16, 1905.)

Assistant Superintendent, State Industrial School

A communication from Andrew H. Bown, secretary, board of managers of the State Industrial School, Rochester, dated February 22, 1905, requesting approval of change in title of David Bruce from steward to assistant superintendent, was submitted. On motion the following resolution was adopted:

Resolved, That the application of Secretary Bown for change in title of David Bruce from steward to assistant superintendent, be approved, it appearing that the same would involve no material change in duties and is intended to give Mr. Bruce the authority of the superintendent in the latter's absence and, in addition to the salary of steward, the maintenance allowed for the position of assistant superintendent.

(March 16. 1905.)

Examination for Storekeeper and Purchase Clerk, State Hospital, Ray Brook

A communication from W. G. MacDonald, M. D., trustee and acting president, of the State Hospital for Incipient Tuberculosis, Ray Brook, dated March 14, 1905, asking that a special examination be held for the position of storekeeper and purchase clerk at said institution, was considered. On motion the following resolution was adopted:

Resolved, That the Commission rules that the present eligible list for the position of steward of the state hospitals is not an appropriate list from which to appoint to the position of storekeeper and purchase clerk at the New York State Hospital for Incipient Tuberculosis, Ray Brook, and hereby directs the chief examiner to hold a special open competitive examination for said position and establish an eligible list at the earliest practicable date.

(March 17, 1905.)

Certification of Accounts for Special or Emergency Employments

Resolved, That the secretary is hereby empowered in accordance with the provisions of civil service rule VIII, section 9, to certify to the regularity of the special or emergency employment of any person whose account is presented to the Commission, when from such account or accompanying communication it shall appear that the person is engaged in private business and rendered to a state officer professional, scientific, technical or other expert service of an occasional and exceptional character, and further when it appears that there is no appropriate eligible list from which appointment could be made or that an attempt to select from an eligible list would be impracticable; and he shall report to the Commission at each regular meeting concerning all ac counts certified under this resolution.

(Adopted March 17, 1905.)

Persons Failing in Competitive Examination not Eligible for Provisional Examination for Same Position Within Nine Months

The secretary presented a communication from Commissioner of Elections Emerson, Erie County, dated March 17, 1905, notifying the Commission of the appointment of Neil Connors, Jr., as assistant secretary, under the provisions of civil service rule VIII, subdivision 10. It was the opinion of the Commission that Mr. Connors was not eligible for appointment to the position, and the secretary was directed to advise Commissioner Emerson that the records show that Mr. Connors had been examined competitively for the position of assistant secretary and was reported as having failed in the examination, and that he could not, therefore, be named for provisional examination under the rule referred to within nine months from December 3, 1904, the date of the competitive examination.

(March 23, 1905.)

Appointment of Veterans as Laborers in State Service

A communication from H. J. Swift, representing the memorial and executive committee of the Grand Army of the Republic, of the city of Buffalo, dated April 4, 1905, was presented. Mr. Swift wished to be informed "if the civil service has been extended over locktenders and canal employees in the city of Buffalo and throughout the state," and requested that the Commission take steps to furnish lists from which veterans could be appointed to such positions in preference to nonveterans. On motion the following resolution was adopted:

Resolved, That the secretary be directed to inform Mr. Swift that the positions mentioned by him are classified in the exempt class as laborers; that the Commission is prohibited by the civil service law from establishing registration of laborers, and that there is no method by which it can enforce the appointment of veterans to positions classed as laborers in the state service. (April 6, 1905.)