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The annotations in this book close with the cases reported in the following volumes:

217 New York

170 Appellate Division

93 Miscellaneous

158 New York Supplement

The Supplements will cover decisions from these points.

CIVIL SERVICE LAW

LAWS 1909, CHAP. 15

AN ACT in relation to the civil service of the state of New York and the civil divisions and cities thereof, constituting chapter seven of the consolidated laws.

Became a law, February 17, 1909, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

CIVIL SERVICE LAW

CHAPTER 7 OF THE CONSOLIDATED LAWS

Article 1. Short title; definitions (§§ 1, 2).
2. General provisions (§§ 3-29).

3. Classification of state employees (§§ 40-45).
4. Laws repealed; when to take effect (§§ 60, 61).

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§ 1. Short title. This chapter shall be known as the "Civil Service Law."

The original Civil Service Law was chapter 3 of the "General Laws," being L. 1899, ch. 370.

Civil service was first introduced into this state by the enactment of chapter 354, Laws of 1883. Chittenden v. Wurster, (1897) 152 N. Y. 345, 46 N. E. 857, reversing 14 App. Div. 483, 43 N. Y. S. 1035.

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In the United States Government legislation to regulate and improve the civil service is contained in the Act of Congress of January 16, 1883, ch. 27, 22 U. S. Stat. L. 403, and a number of amendatory acts. See Federal Statutes, Annotated, title Civil Service.

1. Constitutional limitations.

II. Construction of civil service regulations.

I. CONSTITUTIONAL LIMITATIONS

Constitutional provision.—“Appointments and promotions in the civil service of the state, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness, to be ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive; provided, however, that honorably discharged soldiers and sailors from the army and navy of the United States in the late civil war, who are. citizens and residents of this state, shall be entitled to preference in appointment and promotion, without regard to their standing on any list from which such appointment or promotion may be made. Laws shall be made to provide for the enforcement of this section." Const., Art. 5, § 9.

See generally, the note to this provision of the constitution; and as to constitutionality of civil service laws generally, see 34 L. R. A. (N. S.) 486,

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Purpose. The object of the civil service section of the constitution was to give constitutional operation to the then existing system embodied in the statutes of the state. Op. Atty.-Gen. (1898) 228. It looks to efficiency of the public service, but is also solicitous of the preference therein of the old soldier, and any construction which defeats either of these purposes runs counter to the spirit of the people who adopted the constitution. Matter of Weaver, (1911) 72 Misc. 438, 131 N. Y. S. 144.

The language of the constitution in regard to appointments in the civil service embodies a broad and far-reaching principle, which is to give at least something like permanency of tenure to appointees in the civil service, and above all to put an end to the vicious practice of changing employees whenever the appointing power was changed, without any cause except the unrestrained will of the person who happened for the time being to be at the head of a department. Seeley v. Stevens, (1907) 190 N. Y. 158, 82 N. E. 1095, reversing 119 App. Div. 910, 104 N. Y. S. 1145; People v. McWilliams, (1906) 185 N. Y. 92, 77 N. E. 785, reversing 100 App. Div. 176, 91 N. Y. S. 675; People v. Lyman, (1898) 157 N. Y. 368, 52 N. E. 132, affirming 30 App. Div. 135, 50 N. Y. S. 444, 51 N. Y. S. 641; Rogers v. Buffalo, (1890) 123 N. Y. 173, 25 N. E. 274, 9 L. R. A. 579. "In obedience to a very general sentiment that appointments and promotions in the civil service should be removed as far as possible from personal and political influence, New York was the first of the states to provide by constitution that appointments and promotions in the civil service of the state, and of the civil divisions thereof, should be made according to merit and fitness, and so far as practicable, after competitive examination." Hale v. Worstell, (1906) 185 N. Y. 247, 77 N. E. 1177, 113 A. S. R. 895, affirming 107 App. Div. 624, 95 N. Y. S. 1131.

Scope as to governmental divisions. The civil service statutes originally were limited to the state and the cities, but the constitution extends the civil service to all the civil divisions of the state, including villages. Counties and towns are the civil divisions of the state, and are, therefore, with villages, now included in the civil service. Chittenden v. Wurster, (1897) 152 N. Y. 345, 46 N. E. 857, reversing 14 App. Div. 483, 43 N. Y. S. 1035.

Service covered. Although this section, by its terms, relates generally to all appointments and promotions in the civil service of the state, or of any civil division thereof, its provisions apply only to those who are engaged exclusively in the public service, and do not extend to all public officers, who, as to all or a part of their duties, are engaged in the service of a superior officer. Flaherty v. Milliken, (1908) 193 N. Y. 564, 86 N. E. 558, reversing 127 App. Div. 932, 111 N. Y. S. 1119. See infra, § 3, note. Self-executing character.- The civil service section of the constitution is not rendered nonself-executing by the provision therein that "laws shall be made to provide for the enforcement of this section;" but the effect of the section, in connection with the constitutional provision (Art. 1, § 16), that "such acts of the legislature of this state as are now in force, shall be and continue the law of this state, subject to such alterations as the legislature shall make concerning the same," is to bring all positions in the civil service, not excepted by the statute, within the operation of the Civil Service Law and its amendments without re-enactment. People v. Roberts, (1896) 148 N. Y. 360, 42 N. E. 1082, 31 L. R. A. 399, affirming 91 Hun 101, 34 N. Y. S. 641, 36 N. Y. S. 677, 13 Misc. 448, 34 N. Y. S. 641.

General force and effect.-"The constitution is not only the supreme law, but the guide in the determination of every question arising in connection with the civil service appointments.” Hale v. Worstell, (1906) 185 N. Y. 247, 77 N. E. 1177, 13 A. S. R. 895, affirming 107 App. Div. 624, 95 N. Y. S. 1131. The duty rests upon the legislature and the courts to enforce the civil service provisions of the constitution in their letter and spirit. Chittenden v. Wurster, (1897) 152 N. Y. 345, 46 N. E. 857, reversing 14 App. Div. 483, 43 N. Y. S. 1035,

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