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office of the surrogate: the clerk of the surrogate's court,” and in. serting in lieu thereof the following: “In the office of the county. judge and surrogate: the clerk of the surrogate's court, one confidential clerk," it appearing that the confidential clerk is the clerk to the county judge and surrogate and, therefore, exempt by law.

(Adopted December 18, 1902. Approved by the Governor December 29, 1902.)

Prison department Resolved, That, subject to the approval of the Governor, the classification of positions in the exempt class in the prison department be and hereby is amended by adding thereto the following words: “One financial agent, Auburn prison; one financial agent, Sing Sing prison,” for the reasons stated in the communication of Superintendent Collins under date of December 5, 1902.

(Adopted December 19, 1902. Approved by the Governor De cember 29, 1902.)

15

REQUESTS FOR CHANGES IN THE STATE CIVIL SERVICE

CLASSIFICATION DENIED

Department of labor Relative to the communication of John McMackin, commissioner of labor, dated November 22, 1901, in the matter of the exemption of the position of superintendent of licenses, President Collier submitted the following report: “ With reference to the application of Commissioner

McMackin for the exemption of the position of superin. tendent of licenses, I report that no sufficient reasons appear to me to have been advanced by the commissioner for

the exemption of this position.” On motion the report was accepted and the request for the exemption of the position of superintendent of licenses denied. (January 1, 1902.)

Sheriff, Queens county A communication from Joseph H. DeBragga, sheriff, Queens county, dated January 4, 1902, requesting that the position of keeper of the Queens county jail be transferred from the com. petitive to the exempt class, was read together with a communication from District Attorney Merrill, dated January 7, 1902, relative to the same matter. On motion it was

Resolved, That the application of Sheriff DeBragga for the exemption of the position of keeper of the Queens county jail, be and hereby is denied, for the reason that it does not appear, to the satisfaction of the commission, that said position cannot be filled as the result of open competitive examination.

(January 17, 1902.)

District attorney, New York county A communication from Wm. Travers Jerome, district attorney, New York county, dated January 22, 1902, requesting that the classification of positions in the exempt class in his office be amended so as to include therein nine stenographers instead of four, was considered. On motion the following resolution was adopted :

Resolved, That the application of District Attorney Jerome be and hereby is denied.

(January 31, 1902.)

Sheriff, Kings county The petition of Charles Guden, sheriff of Kings county, by his counsel, Levi W. Yaylor, dated February 8, 1902, asking for the exemption from competitive examination of all positions in the sheriff's office, was presented and duly considered. On motion the following resolution was adopted :

Resolved, That the application of Sheriff Guden of Kings county for the exemption of all positions in his department not heretofore exempted, be and hereby is denied.

(February 14, 1902.)

Sheriff, New York county The petition of William J. O'Brien, sheriff of New York county, asking that certain positions in his department be exempted from competitive examination, was presented and duly considered. On motion the following resolution was adopted :

Resolved, That the application of Sheriff O'Brien, of New York county, for the transfer from the competitive to the exempt class of the positions of assistant deputy sheriffs, bond clerk, assistant bond clerk, entry clerk and law clerk be and hereby is denied.

(February 14, 1902.)

Register, Kings county A communication from John K. Veal, register of Kings county, dated March 12, 1902, renewing his application for the exemption of the position of entry clerk in his office, was read. On motion the application was denied.

(March 15, 1902.)

Surrogates, New York county A communication from Surrogates Fitzgerald and Thomas, of New York county, dated May 5, 1902, applying for the exemption of the position of assistant transfer tax clerk, was read. On motion it was

Resolved, That the secretary be directed to communicate with the surrogates calling attention to the fact that the position of transfer tax clerk is in the competitive class and that it would be highly inconsistent to place the position of assistant transfer tax clerk in the exempt class; also that the legislature does not, except in the section of the civil service law specifying the exempt class, undertake, nor has it power, to determine whether competition is practicable in any particular case. (May 9, 1902.)

Register, Kings county Commissioner Pound, to whom has been referred the application of the register of Kings county, dated April 19, 1902, for the exemption of the position of map custodian held by Joseph Daniels, made the following report: “First. It does not appear that competition is impracticable

for the position of map custodian and, therefore, I recommend that the position be retained in the competitive class. Second. It does not appear that Joseph Daniels is a person

of such exceptional and peculiar qualifications for the position or that the position is of such peculiar, expert and scientific character as to justify the exception of Mr. Daniels from competition for the position under the provisions of rule VIII, section 5. I therefore recommend

that the application be denied." On motion the report of Commissioner Pound was received and the recommendations therein contained adopted.

(June 9, 1902.)

Agricultural experiment station, Geneva A communication from W. H. Jordan, director, agricultural experiment station, Geneva, dated June 5, 1902, transmitting resolution of the board of control of said institution, requesting that the position of watchman be included in the non-competitive class, was read. On motion it was

Resolved, That the application be denied. (June 9, 1902.)

State commission in lunacy The communication of T. E. McGarr, secretary, state commission in lunacy, dated April 29, 1902, applying for the transfer of the position of hospital steward from the competitive to the non-competitive class, was again considered, and on motion the following resolution was adopted :

Resolved, That the application of the state commission in lunacy for the transfer of the position of hospital steward from the competitive class to the non-competitive class, be and hereby is denied. (June 9, 1902.)

Comptroller A communication from Nathan L. Miller, comptroller, dated May 28, 1902, requesting that the position of confidential messenger in his department be included in the exempt class, was submitted. On motion the following resolution was adopted :

Resolved, That the application of Comptroller Miller for the exemption from examination of the position of confidential mes. senger in his department be and hereby is denied. (June 9, 1902.)

Sheriff, New York county The secretary presented communications from Sheriff William J. O'Brien, of New York county, dated September 22d and 25th, 1902, in regard to the appointment of a prison guard without examination. Sheriff O'Brien was present and made verbal application for the exemption of the position of prison guard, and also filed a brief in support of his application. On motion the following resolution was adopted:

Resolved, That the Commission take no action with reference to a change in the classification of the position of prison guard in the department of the sheriff of New York county until a decision is handed down by the supreme court, appellate division, second department, in the cases of employees of the sheriff of Kings county.

(October 25, 1902.)

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