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any time they may be called upon," includes as large a force as is ordinarily needed in this capacity, but a proper regard for the law required that they should be taken from the eligible list in the order of their standing. The fact that the greater part of those preferred had relatively low standings on the list and that few of those who had high standings are among the preferred, indicates an intended evasion of the rules and inevitably leads to the inference that personal or political considerations controlled in the matter. It is clear that it was a purely arbitrary selection, and the claim that it was necessary in order to avoid delay in securing the monitors required for succeeding examinations is disproved by the evidence of Chief Examiner Ireland, who testified that he had never experienced difficulty in obtaining such officials from the regular list of eligibles, either previous to the naming of the preferred list, or following that, whenever the ser vices of a larger number than it listed was necessary.

The former Municipal Commission had determined that it was practicable to hold competitive examinations of candidates for the position of monitor, and is entitled to credit for this advance upon the practice which formerly obtained in the city and is still followed in the state service, owing to the necessity of securing local assistants for infrequent examinations in different parts of the state. It had proven through an experience of several months that it was practicable to select such employees from the eligible list so established, and due respect for the Civil Service Law, and consideration for the rule of competition which that law lays down, would have restrained the Commission from violating or evading the procedure prescribed, particularly in the case of the selection of employees in its own service. This criticism applies to the present Commission, which has perpetuated, as well as to its

predecessor, which initiated, this preferred list, and to the former belongs the entire responsibility for the irregular employment of the favored Keyser and Kelly.

PROVISIONAL APPOINTMENTS.

Some of the irregularities complained of in the certification by the Municipal Commission of successive temporary or provisional appointments beyond the prescribed limit of two months seem to have been justifiable, under the opinion of the corporation counsel, because of the absence of appropriate eligible lists from which to make permanent appointments, but it is clear that most of them might have been avoided by expediting the calling and holding of examinations and the rating of papers. The rules require that in case of provisional appointments, the Municipal Commission shall call an open competitive examination, to be held within three weeks, for the purpose of providing an eligible list for the positions so shown to be vacant. It may be difficult always to observe this rule in the conduct of a department having charge of so large a force of civil service employees as that in Greater New York, but prompt action on the part of the Municipal Commission and a well organized examining force would accomplish it and eliminate much of the delay now experienced in rating the papers. Certainly there can be no excuse for a delay of two months in the holding of an examination, as occurred in the case of that for rodman, after the provisional appointment to that position of October 29, 1904, and of nearly five months after the exhaustion of the previous eligible list, or for a further delay of five months in establishing a new eligible list. This was not effected after the cramination referred to until June 2, 1905, seven months after provisional appointments had been made to the position and about

ten months after the exhaustion of the old list. In the case of such positions as that of axeman and transitman, to which large number of appointments are made every year, it would seem that the necessity of holding a new examination would appear in time to avoid provisional appointments altogether, or at most for a period longer than the limit set by the rules. The last name on the eligible list for axemen was certified June 28, 1904. Provisional appointments were made to the position July 26, 1904, but a new list was not established until November 16. The provisional appointees held office for three months. In case of the second office mentioned, that of transitman, the last name on the old list was certified July 11, 1904, and the new list was not established until November 22. In the meantime the provisional appointments, on non-competitive examinations, were made and continued.

This evasion of the rule seems to be largely attributable to a lack of correlation between the Municipal Commission and other departments of the city government. But severe criticism is merited when the rules are so read as to permit the employment of the same person, under different titles in the same department, for extended periods, even in some cases after such person has taken and failed in a competitive examination, or so as to permit of successive appointments of the same person in different departments, as in the case of the favored monitor, Emanuel E. Keyser, who was apparently laid off from his position in the service of the Municipal Civil Service Commission in May last, but secured a provisional appointment as statistician under the Aqueduct Commission on June 3, and after holding that job for a good part of the summer has again been placed on the list of monitors. Thus he is enabled to continue for a long period in the

service of the city, first in one capacity and then in another, with out having attained a place at the head of the eligible list in the first case, and without subjecting his qualifications to the test of a competitive examination in the second.

The character of the examinations for provisional appointments is open to criticism, from the fact that such examinations are limited to experience merely, and in cases noted appointees were passed as qualified after having failed in a competitive examination for positions of lower grade.

In case of the large number of provisional appointments to the position of tenement house inspector, to which attention was called by the Reform Association, the records show that the examination was called soon after exhaustion of the old eligible list, November 1, 1904, and before any of the provisional appointments were made, and that compared with other work of the Commission, the new list was established with reasonable expedition, April 5, 1905.

ALLEGED VIOLATIONS OF LABOR RULES.

It is charged that through the certification of laborers under special titles, such as "laborer rockman," "laborer sounder," "tar and gravel roofer," etc., the head of a department is enabled to secure the appointment of a favorite by getting him to register under the special title. The State Commission finds that the special titles are entirely unauthorized by law or the rules. It would be difficult to prove perhaps that they have been made the way through which to advance political ends in contravention of the mandate of the constitution, but they afford an inviting door for

such abuse.

Several laborers, employed under the title of foremen, testified that they were merely doing the ordinary work of their trades and

not exercising supervision over other workmen. These men had registered as laborers, and being far down on the lists had secured speedy employment by registering as foremen, although regulation XIV forbids the registration of the same person under more than one title. On behalf of the Municipal Commission it was explained that with the large number of laborers this regulation was difficult of enforcement, but in some instances double registration had been allowed where the applicant's papers showed on their face that he was already on another list. Perhaps there should be no limit on a laborer's registration for any place that he is competent to fill, but if the regulation is important it should be enforced, and it could be, by an adequate card system, or the requirement of a statement in an application that the candidate is not registered elsewhere. The system by which men with evident special information of impending requisitions were enabled to register and secure places in advance of their fellows higher up on the trade lists, who had not received the hint, was on its face unfair and should have led to a prompt and thorough investigation by the Municipal Commission, of the manipulation of the labor lists by the city departments.

As an illustration of how the rules have been used to cover the employment of favorites through their registration as laborers with particular qualifications, reference may be made to the case of certain "automobile repairists." The Municipal Commission, under date of October 26, 1904, properly held that this position was in the competitive class, but it continued to certify the pay of the "repairers" under the title of laborers, and has approved their practically continuous employment as such under the color of successive emergency appointments. The rule provides that "in case of emergency, when it is not practicable to secure laborers from

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