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technical school of recognized standing, in counting time of experience, the college year be computed as a calendar year, and that he be given in addition thereto allowance for experience in vacations.

(Adopted Varch 14, 1902.)

Notarial clerk, New York county Commissioner Pound, to whom had been referred the question of the classification of the position of notarial clerk in the office of the county clerk of New York county, reported as follows:

“ Said position is not specifically included in the exempt class and therefore falls in the competitive class. The payrolls for such position do not come to the office of the civil service commission for certification because the county clerk deducts from the gross amount of fees received by him the salary of the notarial clerk and pays the clerk from said fees and therefore his compensation does not come directly from the state treasurer. I respectfully recommend that the state treasurer be requested not to audit the accounts of the county clerk of New York county or the county clerk of Kings county for notarial fees until the charges for salary of the notarial clerks in said counties have been certified to as correct by the State Civil Service (Commission. · On motion it was

Resolved, That the report of Commissioner Pound be received and the recommendation adopted.

(March 14, 1902.)

Transfer of Philip A. Morrison A communication from J. A. O'Gorman, justice, supreme court, New York city, dated February 14, 1902, relative to the transfer of Philip A. Morrison, was read, and the following resolution adopted:

Resolved, That the transfer of Philip A. Morrison from the position of docket clerk in the office of the county clerk, New York county, to the position of attendant in the supreme court, first judicial district, be and hereby is approved, it appearing that said Morrison has entered an open competitive examination

for the position of court attendant and obtained a place upon the eligible list.

(March 14, 1902.)

Transfers, County clerk's office, New York county Resolved, that the action of the secretary in approving the following transfers in the office of the clerk of New York county, made by County ('lerk Hamilton February 21, 1902, be and hereby is confirmed:

Sylvester E. Nolan, assistant law and judgment-roll docket clerk, $2,450 per annum, to the position of chief searcher at $2,500 per annum;

E. J. Atkinson, chief searcher, $2,500 per annum, to the posi. tion of assistant law and judgment-roll docket clerk, at $2,500 per annum; .

Matthew Stripp, chief index clerk, $2,500 per annum, to the position of searcher at $2,400 per annum;

John J. O'Rourke, searcher, $2,400 per annum, to the position of chjef index clerk at $2,500 per annum.

(Adopted March 14, 1902.)

Expert computer, Engineer and surveyor Resolved, That A. E. Broeniman, employed by the state engineer and surveyor as expert computer be and hereby is excepted from examination under the provisions of civil service rule VIII, section 3, it appearing that Mr. Broeniman is a person engaged in private business and that the services rendered are technical and expert and of temporary and exceptional character; provided, however, that the term of employment of Mr. Broeniman shall not exceed two months, beginning March 1, 1902, at a com. pensation of $10 per day.

(Adopted March 14, 1902.)

Computer, Engineer and surveyor A communication from E. A. Bond, state engineer, dated March 6, 1902, notifying the Commission of the appointment of D. B. LaDu as computer at a salary of $3.50 per day, was read. On motion the following resolution was adopted :

Resolved, That the secretary be directed to notify the state engineer that the Commission cannot recognize the legality of the appointment of Mr. Lalu to the position of computer at salary of $3.50 per day without the requisite examination.

(March 14, 1902.)

Woman physician, Manhattan state hospital Resolved, That the application of Superintendent Smith, of the Manhattan state hospital, Central Islip, for the transfer and promotion of Dr. Alice F. Leader from the position of junior physician to that of woman physician, be and hereby is approved, for the reason that it appears that Dr. Leader has entered an open competitive examination for the position of woman physician and has obtained a place upon the eligible list.

(Adopted March 14, 1902.)

City of Olean A communication from Henry Donnelly, municipal civil service commissioner, Olean, dated March 7, 1902, concerning the application of the civil service law and rules to the civil service of the city of Olean, was presented, and on motion the secretary was directed to write Mr. Donnelly as follows:

(1) That the present rules and classification for the civil service of the city of Olean must stand until amended by the municipal commission and approved by the mayor and the State Civil Service Commission.

(2) That the fact that certain officers are appointed for a definite term affects nothing but their tenure in office.

(3) That an appointment to the position of city clerk under the present classification must be made from the appropriate eligible list.

(4) That it appears from the civil service rules for the city of Olean that retention in office after the end of the probationary term is equivalent to permanent appointment and, therefore, it would seem that the appointments referred to were regularly made.

(March 14, 1902.)

City of New Rochelle A communication from Hugh M. Harmer, corporation counsel, New Rochelle, N. Y., relative to the legality of the employment of persons appointed prior to the date of the approval of the civil service rules for the city of New Rochelle, was read. On motion, the secretary was directed to reply to the inquiries of Mr. Harmer and call his attention to the case of McBride v. The City of New York (56 App. Div. 520), and say that while there is no doubt the law is correctly stated in the case of People ex rel. Chamberlain y. Knox, it would seem that persons appointed in the absence of rules and appropriate eligible lists, had a claim against the city for pay for services until proper eligible lists were established and the appointing power notified that such lists exist.

(March 14, 1902.)

Transfer of William J. McKenna A communication from Wm. Travers Jerome, district attorney, New York county, dated March 11, 1902, relative to the transfer of William J. McKenna, was read and the following resolution adopted:

Resolved, That the request for transfer of William J. McKenna from the position of chief clerk in the office of the district attorney of New York county to the position of bail clerk in the same office, be approved under sections 13 and 15 of the civil service law.

(March 14, 1902.)

Stenographer, New York office of state comptroller Resolved, That James T. Nicholson, employed as stenographer by Comptroller Miller in the office of the transfer tax appraisers in New York county, be and hereby is excepted from examination under the provisions of civil service rule VIII, section 9, it appearing that Mr. Nicholson is a person engaged in private business and that the services rendered are expert and of temporary and exceptional character; provided, however, that the term of employment shall not exceed three months at a compensation of $100 per month.

(Adopted March 14, 1902.)

Superintendent, Western house of refuge A letter from William J. Sterritt, president board of managers, western house of refuge at Albion, addressed to the Commission March 13, 1902, concerning the promotion of Alice E. Curtin, was read. The following resolution was, on motion, adopted :

Resolved, That the secretary be directed to write to the president of the board of managers of the house of refuge for women at Albion, and state that as the name of Alice E. Curtin, assistant superintendent, is upon the existing eligible list which in the judgment of the Commission is most appropriate for filling the vacancy in the position of superintendent of said institution, the Commission decides that Miss Curtin can be legally transferred or promoted to the position of superintendent.

(March 14, 1902.)

Ruling with reference to employees of county clerk and register of

Kings county Resolved, That all persons in the offices of the county clerk and register of Kings county who have been employed under the various statutes with reference to mutilated records, block in. dexing and copying of old records have been since June 16, 1900, indirectly paid out of public moneys and have been in the competitive class, unless otherwise classified, since that time, and upon filing with the Commission proper proofs of identity the Commission will recognize said clerks as being in such class.

Resolved. That affidavits of the former county clerk and register be accepted as satisfactory evidence of the employment and the fund from which said persons were paid prior to January 1, 1902.

( Adopted March 15, 1902.)

Transfers, New York county clerk's office Resolved, That the following transfers in the office of the county clerk of New York county be and hereby are approved to take effect March 19, 1902:

Thomas J. Blessing, recording and index clerk, $1,400, to the position of comparing clerk at salary of $1,300 per annum.

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