Civil Service Reform Association. This conference was held in New York city on March seventeenth. There were present to meet the Commission Hon. Dorman B. Eaton, Col. Silas W. Burt, Mr. William Potts and other gentlemen interested in the subject of civil service reform. The Commission, on its part, expressed its surprise on being informed that such a conference had never been held before, whereby a lack of confidence had grown up between the official and unofficial bodies created for the same purpose, who should be in accord and strive to assist each other. This sentiment was cordially responded to by members of the Civil Service Reform Association. The deficiencies of the law and the difficulties before the Commission in compelling its enforcement, were confidentially discussed and the purpose of the Commission as then disclosed approved.

The retiring chief examiner, John B. Riley, had left with the Commission a list of offices held in violation of the law, the occupants not having passed the required examinations and been certified from the lists of eligible candidates in the manner provided by the rules. By its own desire, and by the direction of the Governor, the Commission has addressed itself to the work of finding a means to correct these violations.

At the very outset the Commission found itself confronted with the radical defect in the law, heretofore referred to, in that it provided no penalties for violations. The Commission could notify the heads of departments of the fact of violations, specifying them in detail and also furnish the same information to the Comptroller, requesting, in the latter communication, that payment be refused. This has been done, and there the powers of the Commission ended. If its notice was disregarded by the appointing powers there was apparently no method by which the Commission could compel them to take action. This defect in the law had been felt by former Commissions, but nothing had

been accomplished for relief. The present Commission applied to the Commissioners of Statutory Revision to secure such an amendment to the law as would remedy this defect, but the session of the Legislature was already near a close, and the matter was not reached. The Commission hopes for favorable action by the Legislature at this session.

It was the opinion of a number of gentlemen of the reform association that the power already existed in the Comptroller to refuse payment of salaries to those appointees who were not holding their places under the rules of the Civil Service Commission; that as such persons were not legally appointed, they did not hold any State position in the eye of the law and were not entitled to pay, and that money paid to them was a misappropriation of State funds. The Comptroller, however, held that a discretion was vested in him as to payments, and in this he was sustained by the written opinion of ex-Attorney-General Tabor, which opinion was also held by Attorney-General Rosendale; and the Comptroller continued to pay such employes. It was contended by high legal authority that these appointees had violated no law, whether or not those who appointed them had done so, and having received their appointments in good faith and discharged the duties assigned them, recompense for their services could not be legally withheld from them; that a penalty could not be visited on those who had violated no law. Which of these two opinions was right it was useless for the Commission to undertake to decide. It was a matter which only the Comptroller or the courts could determine. It is sufficient to know that a doubt is created, and that an amendment to the law making it mandatory on the Comptroller to refuse payment to appointees without the certificate of the Civil Service Commission, showing that they have been legally appointed, is necessary to dispel all doubt.

The Commission has also found, by its experience, that there had previously grown up a carelessness about obeying the law in various departments through a misapprehension of its requirements and of the necessity of a compliance with the rules and regulations framed for carrying it out. While not desiring to criticise preceding officials, the Commission feels it a duty to itself and a justice to appointing powers to state that but for a laxity in the performance of duty by a former official, many of these violations might certainly have been avoided. The accompanying report of the present chief examiner shows that in a number of cases of violations proper opportunity had not been given to heads of institutions to comply with the law; such violations have now been corrected.

The reported violations in Schedules C and D, which are noncompetitive, over which the Commission has had control, have been corrected by this board.

The total number of employes of the State is 4,846, of which the 1,200 employed in the Department of Public Works and the 228 employed in State prisons are by decisions of the Court of Appeals not subject to the rules of examination, leaving 3,420, of whom a large number are in exempt schedules, or exempted by the express terms of the law. The number of appointments made during the year under the rules is 1,342.

The Commission refers again to the increase it has been able to make the past year in appointments from the eligible lists made up from competitive examinations. From these eligible lists a larger number have been appointed than reported in any one year before since the Commission has been in existence. As appointments made from the eligible lists form the true basis of measuring the progress made by the law, it being the very center of the idea which caused its enactment, the Com

mission presents the figures with a feeling of satisfaction, as showing that progress has been made under its administration. The Commission takes further pleasure in being able to report that whenever an appointing officer has sincerely co-operated to carry out the Civil Service Law and rules, he has found that it relieved him of embarrassments in making appointments, giving him better service in his department and enabling him to render better service to the State. Almost invariably it has made such officials advocates of the idea embodied in the Civil Service Law. This Commission has requested many of the heads of State institutions, positions in which are filled from the eligible lists, for a frank expression of their views of the merits or demerits of the Civil Service Law as applied to their institutions. Replies were received from which the quotations below are taken.

Charles G. Wagner, M. D., Superintendent of the Binghamton State Hospital, says: "I beg to state that I regard the law as wholesome in the highest degree. It has proved a great protection to the hospital service, and has enabled the hospital of which I am superintendent to procure a higher grade of officers and employes in its various departments than would have been otherwise possible."

Selden H. Talcott, M. D., Superintendent State Homeopathic Hospital, Middletown, says: "So far as its practical application in determining the qualifications of aspirants to position is concerned, the system is admirable, and in the long run it will, in my judgment, tend to improve the service. It sometimes happens, however, that a person who is not eligible for position under the rules is really very valuable as a worker. We have had nurses who were very indifferent scholars, but who were excellent, kindhearted, and sympathetic attendants upon the insane. Under the present plan, delays in securing needed and satisfactory help may occur; but that defect might be remedied. It seems to me

that the managers of each public institution should be authorized, under the Civil Service Law, to employ workers who are not strangers, but who are familiar with the duties pertaining to the various positions in our public hospitals. The Civil Service Commission might facilitate appointments to the various positions, outside of the classes now examined by the local examiners, by having every two months an examination of candidates for the position of clerk, stenographer, etc., in each of the cities where the State hospitals are located. Occasionally a candidate is unable to visit Albany for examination, and it seems to me it would be wise for the State to provide examinations of candidates without any expense whatever to the latter."

J. B. Andrews, M. D., superintendent of the Buffalo State Hospital, says: "In my opinion the operation of the law has been of assistance to these institutions in elevating the standard of the employes connected therewith.

"First. It has proved a safeguard against the possible introduction of politics as the basis of employment.

"Second. It has made the superintendent and officers entirely independent in their action in choosing from the applicants for the various positions, those who present only desirable qualifications.

"Third. It presents a barrier against the introduction of uneducated, unintelligent and unworthy candidates.

"Fourth. It has led to a closer scrutiny of the previous history and character of applicants, and by demanding letters of recommendation has made it more difficult for the unworthy to obtain entrance to the various positions.

"Fifth. The law, if carried out in its proper spirit and intent, relieves the officials of much responsibility in cases of trouble or question regarding the character or method of entering the service of those employed.