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munication and continued in a clerical capacity, be denied, upon the ground that in the opinion of the Commission it has no jurisdiction to make such certification retrospectively.

In transmitting the resolution, the secretary was directed to say that had the temporary appointments been reported to the Commission at the time they were made the Commission undoubtedly would have given the relief asked for by making the necessary certification, but it is the sense of the Commission that it has now no jurisdiction.

(Adopted February 10, 1899.)

Stenographer, Attorney-general's office

Resolved, That the position of stenographer in the office of the attorney-general, now held by Mr. William M. Thomas, be included in class II of the classification, said Thomas having been continuously in the service in the same position from a period prior to the enactment of the civil service law.

(Adopted February 10, 1899.)

Physician, House of refuge for women, Hudson

Resolved, That as Crawford E. Fritts, M. D., has been substantially occupying the position of physician in the house of refuge for women at Hudson continuously since a time prior to the inclusion of said position in the competitive class, Dr. Fritts be and hereby is recognized as the physician of the institution in class II at a salary of $50 per month.

(Adopted February 10, 1899.)

Student assistants, Agricultural experiment station, Geneva Whereas, It is the opinion of the Commission that the opportunities for free instruction and study in the state agricultural experimental station at Geneva should be open to all qualified aspirants in the state.

Resolved, That such positions be considered as in class II of the state classification and subject to competitive examination, and

the chief examiner is requested to prepare a proper scheme of examination and advertise a date for the same, provided there is a sufficient number of qualified applicants.

(Adopted February 10, 1899.)

Soldiers' and sailors' home, Bath

The communication of General Horatio C. King under date of December 28, 1898, was taken from the table and read, asking whether or not the positions of commandant, adjutant, inspector, quartermaster, assistant quartermaster, surgeon and assistant surgeon of the New York Soldiers' and Sailors' Home were, in the opinion of the Commission, confidential. The secretary was directed to answer the communication of General King, stating that it is the sense of the Commission that the duties of none of the positions mentioned in his communication of December 28, 1898, are of a confidential nature.

(February 10, 1899.)

Reappointment without examination, city of Binghamton

A communication from Jerome De Witt, mayor of the city of Binghamton, under date of February 16th, was read, asking the opinion of the Commission regarding the legality of the reappointment, without examination, of a superintendent of streets, whose fixed term of office had expired. It was the sense of the Commission that if the person referred to received his original appointment legally after examination, the following provision of Binghamton civil service rule XXI would apply.

"Where a person is appointed for a definite term under these rules, he may be reappointed at the expiration of that time to the same position without further examination, provided he has served the time for which he was appointed."

If the position was not originally filled through examination, it must be thrown open to competition at the expiration of the two year period for which the appointment was made.

(February 21, 1899.)

Assistant to the second deputy attorney-general

The transfer of J. A. McCormick to the position formerly held by him as assistant to the second deputy attorney-general from that of deputy, not approved.

(February 21, 1899.)

Industrial school, Rochester

Resolved, That for the reasons set forth in the communication under date of February 21, 1899, from Superintendent Briggs of the state industrial school at Rochester, his request to be allowed to promote Miss C. L. Collson from the position of caretaker to that of matron of the boys' primary department of said institution was granted.

(Adopted February 21, 1899.)

Residence and citizenship

Resolved, That the restrictions regarding residence and citizenship shall not apply to the position of student assistant in the New York agricultural experiment station at Geneva.

(Adopted February 21, 1899.)

Messenger, Department secretary of state

Resolved, That under the provisions of the second clause of rule XVI the transfer of Mr. Isaac La Grange from the position of messenger to that of certificate and alien deposition clerk in the office of the secretary of state be and hereby is allowed, for the reasons set forth in the communication addressed to the governor by the secretary of state and referred to this commission under date of March 14, 1899.

(Adopted March 21, 1899.)

Assistant cashier, Office of treasurer

A communication under date of March 1st from John P. Jaeckel, state treasurer, requesting that he be allowed dating from March 1, 1899, to transfer the present confidential clerk in his department who occupied the position of confidential clerk to State

Treasurer Colvin, and who has continued in the capacity up to this date, to a position which he desired to create; namely, that of assistant cashier at a salary of $1,500 per year. On motion the request of the state treasurer was granted.

(March 21, 1899.)

Special experts, Capitol Commission

Resolved, That the request of the capitol commissioner to be allowed to employ two special experts be granted, subject to the approval by the governor of the amendment to subdivision (c), section 7, of rule VIII.

(Adopted March 21, 1899.)

Expert, Department of agriculture

Resolved, That the employment of Mr. P. C. McIlhenney for occasional and expert services in the analysis of oils is authorized under the provisions of section 7 (c) of civil service rule VIII. (Adopted March 21, 1899.)

Attendants, Supreme court, county of Kings

Resolved, That the eligible list for supreme court attendant, prepared as the result of a fitness examination held by the justices of the supreme court for the county of Kings, be and hereby is continued for one year from June 7, 1898, the date of the report upon such examination by said justices.

(Adopted March 21, 1899.)

Clerk and messenger, Department of public works

A communication from Superintendent of Public Works Partridge, dated March 21st, was read, stating that he had found two employees in his office designated respectively as clerk and messenger who had previously been appointed and borne upon the payrolls of the assistant superintendent of public works under titles as foremen, and requesting that he be allowed to have these men

transferred to the office payroll and designated respectively as clerk and messenger. On motion the request of the superintendent of public works was denied.

(March 21, 1899.)

Superintendent of streets, city of Binghamton

Resolved, That the secretary is directed to communicate with Hon. Jerome De Witt, mayor of Binghamton, also with the street commissioners of the city of Binghamton, notifying them that the State Civil Service Commission, reviewing its construction of regulation XXI of the Binghamton civil service regulations, and after giving consideration to the fact, just brought to its attention, that Mr. Montross was originally appointed superintendent of streets at the time when the office was not subject to examination, now believes that he is entitled under the said regulation to reappointment without examination.

(Adopted March 21, 1899.)

Stenographer, Engineer and surveyor

Resolved, That the position of stenographer in the office of the state engineer and surveyor now filled by Mrs. T. C. Sweet be considered as included in class II of the state classification.

(Adopted March 22, 1899.)

Porter, Department of public instruction

Resolved, That this Commission, through its secretary, communicate with the comptroller and state that it cancels its certificate of the regularity of the appointment of Howard T. Terrell as porter in the department of public instruction.

(Adopted March 22, 1899.)

Period of eligibility

The period of eligibility for the following named positions was extended from one to two years.

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