Documents of the Senate of the State of New York (Volume 34) (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1916. Not illustrated. Excerpt: ... People ex rel. Crane v. Taylor, 17 Misc. 50. The next case, chronologically, was decided at Kings Special Term, July 1896, by Smith, J. In deciding the case on other grounds he made the following obiter observation: "Only one more question remains to be considered. Does the office of assistant district attorney come within the civil service provisions of the constitution as interpreted in People ex rel. McClelland v. lioberts, 148 N. Y. 360 3 Is it practicable to ascertain the merit and fitness of the assistant district attorney by civil service examination ( 1 think not. The district attorney is charged with grave responsibility and duties of the highest moment to the country. His assistants, for whom he is responsible, occupy the most confidential relations to him, and necessarily are charged with duties of the utmost importance. I think the public welfare demands that the district attorney in the selection of his assistants should be left absolutely free in the exercise of his own judgment and discretion." People ex rel. Crummey v. Palmer, 152 N. Y. 217. This case is undoubtedly one of the leading cases and is relied on especially by the advocates of exemption for the cashier, s position under consideration. It was decided in the Court of Appeals in March, 1897, in an opinion by Haight, J. (O, Brien and Yann, J J, dissenting). The relator, a veteran fireman, was appointed assistant warrant clerk in the city comptroller, s office in Brooklyn. Ho was discharged after a hearing and sought a writ of mandamus, claiming to have been removed in violation of the veteran act, the exception to the operation of which then read: "This provision shall not be construed to apply to the position of private secretary or chief clerk or deputy of any official or department, or to ...