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To the Legislature:

I have the honor to transmit herewith the Twenty-third Annual

Report of the State Civil Service Commission.

FRANK W. HIGGINS.

1

REPORT

To the Governor:

ALBANY, N. Y., December 30, 1905.

The State Civil Service Commission hereby makes its twentythird annual report, covering the year 1905.

Changes in the Commission.

Early in January, the Governor appointed the Hon. Roscoe C. E. Brown, of New York City, to succeed the Hon. Cuthbert W. Pound, resigned. The appointment having been confirmed by the Senate, and Mr. Brown having duly qualified as Commissioner, he was present at the Commission's first meeting for the year, on January 20th. The Commission at this meeting reorganized by the election of Commissioner Milliken as President.

Legislation.

No changes were made in the Civil Service law by the Legislature of 1905. Bills designed to amend it in the interest of veterans and other particular classes in the State service were introduced, but failed of passage. The Legislature upon request of the Commission eliminated from a number of bills provisions that would have operated to the prejudice of the merit system, or would have taken from the Commission in particular cases the power given it by statute to classify positions in the service of

the State. The Governor withheld approval from acts directing the payment of salaries to persons appointed to office in violation of the Civil Service law.

The Civil Service rules, which have the force and effect of law when approved by the Governor, have not been amended in the course of the year, except as to changes in the classification and by the revision of the rule governing the practice as to promotion. That revision (adopted May 31, 1905) is designed to remove seeming inconsistencies in the rule as previously framed and to carry out more perfectly the intent of the law. A revision of the transfer rule, to accomplish the same general end, is now under consideration.

Noteworthy Advancement.

The year has seen noteworthy advancement in the recognition of the merit system of appointment and promotion in the publie service. The Civil Service rules have been extended to four additional counties. The statutory power of the State Commission, hitherto unexercised, to remove and appoint municipal civil service commissioners, has been asserted. Observance of that provision of the Civil Service law which prohibits removals from office for political reasons has been enforced. Alleged breach of the law's prohibition against the levying of political assessments upon officeholders has been subjected to investigafion. The courts have strengthened the authority of the Commission and sustained the law in important particulars. The prac ticability of testing the merit and fitness of candidates for public office through competitive examination has been significantly

demonstrated.

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