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The following is a statement of the result of such proceedings to date:

Sheriff's office - Mr. Justice Dickey, on February 25, 1902, granted peremptory writs of mandamus against the Commission, ordering it to strike from the competitive class and place in the exempt class the following positions: Equity clerk, assistant equity clerk, accountant, bookkeeper of jail, deputy warden of jail, assistant clerk, keeper of jail, matron of jail, assistant deputy sheriff, van-driver.

The Commission has complied with said writs in the cases of equity clerk, assistant equity clerk, bookkeeper of jail, deputy warden of jail and assistant clerk. It has taken an appeal therefrom, or entered into a stipulation to abide the event of an appeal, in the cases of accountant, keeper of jail, assistant deputy sheriff and van-driver. The appeals were argued in the Appellate Division, Second Department, on May 26, 1902, but no decision has yet been handed down by said court.

Register's office-- Mr. Justice Gaynor, on March 29, 1902, granted peremptory writs of mandamus against the Commission, ordering it to strike from the competitive class and place in the exempt class the following positions: Chief clerk of records, chattel mortgage clerk, assistant chattel mortgage clerk, chief clerk of copyists, tickler clerk, mailing clerk, messenger, entry clerk, comparer.

The Commission has complied with said writs in the cases of chief clerk of records, chief clerk of copyists, chattel mortgage clerk, assistant chattel mortgage clerk, tickler clerk and entry clerk. It has taken an appeal, or entered into a stipulation to abide the event of an appeal, in the cases of mailing clerk, messenger and comparer. The appeal was argued in the Appellate

Division, Second Department, on May 16, 1902, but no decision has as yet been handed down by said court.*

Justice Marean granted like writs in cases of copyist and assistant index clerk, from which appeals have been taken.

County clerk's office — Mr. Justice Marean granted peremptory writs against the Commission in the cases of equity clerk, document searcher, comparing clerk and messenger, but refused same in cases of copyist, index clerk and clerk of old records. The Commission has complied with said writ in the case of equity clerk and taken appeals in the other cases decided against it.

Mr. Justice Gaynor granted the writ in the case of one custodian in the office of the register, but held that other custodians were not exempt. The Commission has taken an appeal in the former case.

Copies of the opinions of Judges Dickey, Gaynor and Marean are printed in full in the appendices.

To reduce the vast expense incident upon these litigations, the Commission has felt constrained to prosecute appeals in test cases only and has entered into stipulations that the other cases appealed should abide the event of the test cases; meanwhile the pay-rolls of relators to be certified pursuant to the several writs obtained by them.

Board of coroners, borough of Manhattan, New York city· Recently the board of coroners, borough of Manhattan, New York city, has brought proceedings against the municipal civil service commission of New York city and the State Civil Service Commission, asking for a peremptory writ of mandamus compelling the commissions to put the positions of clerk to each coroner in the borough of Manhattan, and the positions of phy

*The orders in these cases were affirmed by the Appellate Division January 9, 1903.

sician to each of the four coroners of the borough of Manhattan in either the exempt or non-competitive class. Justice Hall, of the Supreme Court, has issued an order directing that mandamus issue against the municipal civil service commission of the city of New York, directing said commission to place forthwith in the exempt class of the said municipal civil service rules the posi tion of clerk to each coroner of the borough of Manhattan, and to certify its action in making said positions exempt to the State Civil Service Commission for its approval. The motion for a mandamus against the State Civil Service Commission was denied. A decision upon the application in the case of coroners' physicians has not yet been rendered.

Sheriff, New York county - The Commission also has been served with papers in proceedings for peremptory writs of mandamus, brought by Sheriff O'Brien of New York county, and others, to compel the classification in the exempt class of the positions of assistant deputy sheriff and prison guard in the department of the sheriff of New York county. The application was argued on Monday, December 22d. No decision has as yet been rendered.

Municipal investigations

By section 6 of the civil service law the State Civil Service Commission is given power to make investigation concerning, and to report upon all matters touching the enforcement and effect of the provisions of that law and the rules and regula tions prescribed thereunder, concerning the action of any examiner or subordinate of the Commission, or any person in the public service, in respect to the execution of the law. No power is given to the municipal commissions by the civil service law to conduct such investigations. The State Com

mission may, therefore, properly conduct investigations in aid of municipal commissions and for its own guidance in making recommendations of statutory changes or changes in its rules, and to give publicity to the evidence. By section 10 of the civil service law this Commission also has power by unanimous vote of the three commissioners, with the written approval of the governor, to remove any municipal civil service commissioner for incompetence, inefficiency, neglect of duty, or violation of the civil service rules, after service upon the accused commissioner of a copy of the charges, with an opportunity to make a personal explanation in self-defense, but, although the Commission may investigate the conduct of any other officer, state or municipal, with reference to the civil service law, it has no power to remove him for violation of the same, nor to revoke any of his illegal acts, nor to afford redress to any person who has been illegally removed or whose rights under the civil service law have in any other respect been violated.

Benefit may accrue as the result of investigations conducted by the State Commission. The municipal commissions may be put into possession of material information otherwise inaccessible to them. Citizens may be apprised of many of the acts of their public servants which otherwise might be done in secret; at the present time the civil service statute does not make it compulsory upon public officials to state their reasons for the removal of any of their subordinates, and consequently, citizens, as well as the parties more directly in interest, are often unable, without an investigation by the State Commission, to learn the reasons and motives of public officials in exercising their powers of appointment and removal.

Conduct which is in violation of the law may, as a result of the publicity of an investigation, be more clearly brought to the attention of prosecuting officers, and persons who believe that they have been removed in violation of the law may thus obtain information which will enable them to determine the question of the propriety of the institution of legal proceedings to procure reinstatement.

But it is not the proper function of the State Commission to institute local judicial proceedings, civil or criminal, based on violations of the civil service law. Such duty devolves upon tax-payers and citizens, interested parties, and the local authorities. The people of each municipality have the constitutional right to have their local offices administered by officers selected by themselves and subject only to such state supervision as may properly be imposed by law.

The present condition of affairs in some of the municipalities, so far as the administration of the civil service law is concerned, leads the Commission to believe that closer supervision of the city civil service is essential to the proper enforcement of the law. Experience has shown us that the municipal commissioners welcome the visits of a representative of the State Commission and express their appreciation by giving hearty co-operation. Better results can be obtained by a uni form system of inspection than by occasional investigations of complaints. The Commission proposes during the coming year, by one or more of its members or its secretary or its chief examiner, to officially visit each city in the state at least once for the purpose of inquiring into the method of the administration of the civil service law, and to ascertain whether the municipal commissioners and other city officials faithfully discharge their duties in respect to compliance with said law.

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