that they had been aroused to the requirements and intent of the law they could be depended upon to faithfully enforce it, withheld his vote from the proposition and they were continued in office.

At Buffalo in the course of the inspection of the records of the municipal commission, it was disclosed that the roster from which the payrolls of employees in the department of public works were checked was in a chaotic condition, and in the extended inquiry which followed the State Commission took up also a proposed reorganization of the municipal commission and investigation of questions at issue between the municipal commission and the commissioner of public works, and also considered the complaint made by Mr. William B. Wright, a member of the common council, in regard to alleged violation of the Civil Service Law by the said commissioner of public works. As a result of the investigation it appeared that there were upward of two hundred employees of the department of public works who did not have a clear title to their positions. Some of these irregularities were explained through the failure of the city commission to change titles in the classification to conform with the payrolls. A number of others were those of persons appointed to positions in the noncompetitive class, who had never taken the required qualifying examinations. But in the case of a considerable number of employees in the competitive class no record could be found showing that they had been appointed from eligible lists established through competition or otherwise legally introduced into the service.

The State Commission, as a result of its investigation, while crediting the municipal commission with efficient work in its conduct of examinations and pointing out that many of the faults noted resulted from its defective organization, declared that its failure to maintain a proper roster of the employees in the department of public works, and the defective methods of keeping the records which had grown up since the preceding inspection by the State Commission, called for emphatic condemnation and for prompt and positive action on the part of the mayor or the municipal commission for the correction of abuses. The State Commission also called for the retirement of the secretary to the municipal commission, through whose neglect or inefficiency the abuses had arisen, and it directed attention to the fact that while

the primary duty of enforcing the Civil Service Law in Buffalo rested with the municipal commission, an appointing officer who like the commissioner of public works makes appointments in violation of the rules is only less blameworthy.

In addition to the employees who were illegally appointed by this official, the Commission said, "there appeared to have been many men employed under titles inappropriate to their duties. The assignment of any person to perform duties other than those for which he has been examined and appointed, is in direct violation of the Civil Service Law, which provides that no person shall be appointed or employed under any title not appropriate to the duties to be performed.'"

The State Commission recommended reduction in the number of members of the municipal commission from seven to three, the payment of salaries to the commissioners, a complete reorganization of the office force, and the filling of the position of chief examiner through competition, revision of the rules and schedules, and prompt steps to purge the payrolls of the names of persons who could not show lawful title to the positions held.

Inspection of the records of the civil service commissions of the following named cities has been made during the year: Amsterdam, Auburn, Buffalo, Dunkirk, Elmira, Geneva, Gloversville, Ithaca, Jamestown, Johnstown, Lackawanna, Little Falls, Middletown, Niagara Falls, North Tonawanda, Rensselaer, Rochester, Rome, Syracuse, Tonawanda and Utica.

As another step toward informing and assisting the municipal civil service commissions, which unfortunately are apt to be completely changed in personnel with each change in political control of the cities, and therefore often enter office without experience or knowledge as to the duties of the position, the State Commission has directed its secretary and its chief examiner to compile a pamphlet containing an outline of municipal rules in approved form, directions as to the form of eligible books, rosters, etc., and model forms for applications and other blanks needed in the conduct of the work.

Roster of the State Service.

Upon request of the Commission the Legislature of 1910 made an appropriation for the publication on January 1st and July 1st

in each year of a complete official roster of State, county and village employees in the classified service. This publication seemed necessary on account of the fact that the roster contained in the Commission's annual report was likely to be a year old at least by the time these reports could be obtained from the State printer. The first such roster was issued under date of July 1, 1910, and embracing as it does complete list of the positions in the classified public service, together with the classification, the name of each incumbent, the date of his entrance into the service, date of his entrance into present position, and compensation, constitutes a compendium of information that, if revised twice a year as proposed, will be widely useful.

The chief examiner also was authorized by the Legislature of 1910 to compile and publish a pamphlet of information in regard to examinations, with sample question papers and other data of value to persons desiring to enter competitions for places in the public service.

Examination Work.

The end of the year finds the work of the examinations division well in hand, with the papers in all competitions held during the year rated and the results reported. The record for the year includes 357 open competitive examinations, with 8,540 candidates; and 101 competitive promotion examinations with 965 candidates.

The year has seen a further development in the matter of oral examinations, an innovation initiated in 1905 by this Commission, and now thoroughly approved by experience. The Commission recognizes the limitations and dangers that lie in the system, but believes that when practicable of application and properly safeguarded, it provides an invaluable aid in passing upon the qualifications of candidates for positions in the successful filling of which the personal equation is of paramount importance. In competitions for the position of county probation officer, in that for transfer tax appraisers, and in those for superintendents of the State Colony at Sonyea and the Home for Feeble Minded Women at Newark, it has given most satisfactory results.

Investigation of an alleged impersonation in an examination conducted by the New York Municipal Civil Service Commission

for inspection of masonry, held on May 17, 1900, afforded evidence of collusion between a father and son by which the former was improperly recorded as having taken and passed said examination. These men had been transferred to the State service under the law establishing the Public Service Commission. The State Civil Service Commission gave notice that it would refuse to further certify the payrolls of these two parties to the fraud, and as a result both were dismissed from service.

Meetings and Investigations.

The Commission has held regular meetings in the first and third weeks of each month throughout the year, and additional meetings as the needs of the service required.

Charges preferred by Mrs. Emma I. Dehler against the sheriff of Queens county, alleging that she had been induced by threats to sign a declination of the office of assistant matron in the jail and that the sheriff had violated the Civil Service Law by the employment in that position of a person "way down on the list," were investigated by the Commission. The sheriff was found not to have acted in good faith in the matter, only appealing to the Flaherty decision when he found he could not get a favorite into the place with consequent protection of tenure, but as he went out of office on December 31, 1909, there was no practical question on which the Commission could pass.

On recommendation of Commissioner Kraft, who investigated the case of Albert Vantine, a veteran of the Civil War, alleged to have been separated illegally from the service of the board of education of the city of Mount Vernon, the complaint made in the latter's behalf was dismissed. It appeared that Vantine, appointed provisionally to the office of city building inspector, had failed to pass the open competitive examination or attain a place on the eligible list and could not therefore claim preference as a veteran to the appointment.

The investigation of the administration of the Municipal Commission of Buffalo is referred to under another heading.

Changes of Classification Requested.

With the prospect of a change of political control in the State administration, the Commission has been deluged with applications

for the transfer of positions from the exempt and non-competitive classes to the competitive class, with the view of removing these places from possible consideration as so many opportunities for the reward of activity in political service. The applications are as follows: From the State Forest, Fish and Game Department, the positions of secretary and chief game protector; from the Fiscal Supervisor of State Charities, the position of inspector of buildings, heating and lighting; from the Secretary of State, the positions of chief of the automobile bureau and of messenger; from the Superintendent of Public Buildings, the positions of paymaster, messenger and weigher, chief orderly, machinist and locksmith, stone-cutter and tile-setter, chief carpenter, carpet-man and shade-maker, upholsterer, assistant machinist, plumbers and gas fitters and gardeners; from the subordinates of the Superintendent of Elections, for the Metropolitan district, with the latter's approval, about one hundred positions of deputy. While it is probably true that the interests of the public service might be served by the retention of experienced and capable employees, the Commission has considered the presentation of such applications at this time inopportune, and laid them all on the table.

The Commission took the same course last year as recounted in its report for 1909, when the transfer of county offices in New York county from Democratic to Republican control, and the coincident change in Kings county from Republican to Democratic control brought forth many applications from outgoing officials of both parties for the covering in of their appointees. The consistent policy of the Commission has been not to make political changes occasion for the use of its power of reclassification.

In Conclusion.

The Commission appreciates the prompt and cordial response which the State officials, elective and appointive, have made to its inquiries and to its suggestions for concerted action by the different administrative departments, and also for their co-operation in making the constitutional obligation that appointments to public office shall be for merit and fitness effective and respected. To the Attorney-General and his deputies it is under especial obligation for advice as to the construction of statutory provisions and