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tionary exemptions were granted (4 of which were granted by our predecessors, in January), and 16 mandatory exemptions were granted under section 13 of the Civil Service Law, making in all 44 exemptions, as follows:

Confidential stenographer to deputy comptroller.
Stenographer to Comptroller, New York office.
Stenographer to deputy comptroller, New York office.
Counsel, Bronx Parkway. Commission.

Secretary, Treaty of Ghent Celebration Commission.

Six deputies, Court of Claims Bureau, Attorney-General. Transfer agent for the Commissioners of the Canal Fund, Comptroller.

Assistant clerk, Supreme Court, Appellate Division, First Department.

Four corporation tax examiners, Tax Commission.

Corporation tax examiner and managing clerk, New York office, Tax Commission.

Assistant counsel, Tax Commission.
Treasurer, State Fair Commission.
Deputy, Conservation Commission.

Secretary to Lieutenant-Governor.

Treasurer, School of Agriculture and Domestic Science, Delhi. Two assistant deputies attorney-general, Conservation Commission.

Deputy, Attorney-General.

Ten secretaries, County Boards of Child Welfare.

Deputy county clerk, Suffolk county.

Chaplain of jail, Monroe county.

First deputy comptroller, Westchester county.
Law assistant to surrogate, New York county.
Deputy clerk, Surrogate's Court, Oneida county.
Assistant district attorney, Erie county.

Two process servers, district attorney, Rensselaer county.

This considerable reduction in the number of exempt places has been made generally with the co-operation of appointing officers. It should be understood, however, that the reduction does not represent an equal number of persons covered into the

competitive class. Many of the positions were found to be obsolete, or not filled, at the time the change in classification was made.

The large increase in the number of non-competitive positions is chiefly due to the natural growth of the service and the resulting increase in the number of places which have always and properly been so classified, but it is also partly due to our placing in the non-competitive class our thirty-four local examiners who have hitherto been excepted from examination under our rule VIII-9, and to the fact that it proved to us necessary to transfer to the non-competitive class 37 nurses in the tuberculosis hospitals of the State because of the fact that it seemed impracticable to keep up an active and dependable eligible list for those positions. In the case of these and many other non-competitive positions it is entirely practicable to test the qualifications of candidates by competitive examination, so far as the mere ascertainment of relative merit and fitness is concerned, but it is extremely difficult, because of the low salary and the undesirability of the positions, to procure enough candidates to make up a sufficient eligible list, or if an eligible list is made up, to find persons thereon who are willing to accept appointment. Where experience shows that an eligible list of sufficient size does not result from a competitive examination, or that the persons on the eligible list all refuse to accept appointment to certain institutions at the salaries which they are able to pay, it must be deemed impracticable to hold competitive examinations, and in that case it seems to us that non-competitive classification is not only proper but

necessary.

The Commission has maintained the rule and principle which has been observed from the beginning of civil service administration in this State, of regarding non-competitive classification as only appropriate for the unimportant and low-salaried positions for which recuiting is necessary, rather than selection.

We believe that there are still many positions in the exempt and non-competitive classes which should be transferred to the competitive class, the chief objection to such transfer being that the incumbents of such positions, who have never passed a competitive examination, will be covered in to the competitive class.

We believe and urge that the law should be amended so as to provide that in such cases the incumbents shall not be covered in, but that their positions shall become vacant and be filled as the result of competitive examinations.

Throughout the year the Commission has received petitions from many of the heads of departments requesting classification as exempt of new places which it was claimed to be impracticable to fill as the result of competition. The Commission at times has felt obliged to disagree with the appointing officers and has denied a large number of such applications. In such cases when there were no appropriate lists, special competitive examinations were held, and we are advised that satisfactory appointments have generally resulted.

The Commission is convinced that where there exists an honest difference of opinion as to the practicability of competitive examination, the benefit of the doubt should be given to the competitive plan. If after examination it develops that the Commission was in error in holding the position in the competitive class, it will always take such steps as may be necessary to classify the place as exempt.

If the Civil Service Law is to become most effective it should not be held that competition is practicable only for the minor positions such as messengers, clerks, stenographers, bookkeepers, etc. The principle of competition which takes into account experience, training, efficiency, personality, as well as academic qualifications, applies with even greater force to the higher grade positions, and it is the view of the Commission that the system of competitive examination should be extended rather than restricted.

Our experience goes to show that competition is entirely practicable for high grade expert and executive positions; that examinations can be devised which will fairly test the comparative qualifications of the candidates; and that high class men are willing to compete in such examinations.

The chief objections raised to including such positions in the competitive class are: 1st. That high class men are unwilling to submit to competitive examinations, deeming them more or less humiliating. 2d. That it is difficult, if not impossible, to

fairly test the comparative character, judgment, tact and executive ability of the candidates. We have found that these objections are not well founded. Our experience is that men of the highest standing are willing to take examinations if convinced that they are reasonable and appropriate in character, and that they are fairly and honestly conducted. As to the second objection it would undoubtedly be forcible if the old form of scholastic written examinations were followed, but the old form of examination is passing away and we no longer use it for positions of the character in question. In determining the character of an examination of this sort we try to put ourselves in the place of the appointing officer, and consider what inquiry we should make if we were in his place and there were no civil service law in existence. We try to make our examination cover the lines which would be followed by such an appointing officer if he were really and honestly endeavoring to get the very best man in the community for the work to be done. In following out this purpose we first ask for a written statement of the candidate's training, experience, positions filled and work done, which has to be verified. This is a real history of the candidate's life and work, with a statement of whom he has been employed by or has been associated with, and the compensation he has received in his different employments, together with the reasons for his separation from past employments. These experience blanks are rated and candidates who are obviously undesirable are eliminated. Those who attain a passing mark are allowed to enter the next branch of the examination, which is generally a written examination upon questions calling for a knowledge of the general subject, of the work to be done, and of sufficient details of the work to make it difficult for a candidate without real experience to fit himself by superficial cramming. This branch of the examination may take the form of a request for a thesis or paper upon one or more subjects involved in the work of the position. Those candidates who pass successfully this branch of the examination are then summoned for an oral conference with the examiners. The object of this conference is not so much to again examine them on the matters covered by the other branches of the examination as to get at their personal characteristics, their appearance, their manners, their way of express

ing themselves, their bearing, tact and force. If a candidate passes all three branches of the examination he is then rated on the basis of combining the marks that he receives on all of the branches. This form of examination has been very successful, and we have been informed by many heads of departments that, so far as their investigation or experience with men who have been appointed goes, the comparative standing of the men on the list is justified by results. Where the position involves special knowledge of an expert or professional character, we usually associate with our examiners some well known expert on the subject, and we often find that the best men in the state are willing to serve in that capacity without compensation, as a matter of public spirit and willingness to promote the merit system.

While we endeavor to conduct these examinations along lines that an efficient and public-spirited head of department would do if there were no Civil Service Law, there are certain reasons why a Civil Service Commission can do this better than the appointing officer. 1st. It is easier to keep out political influence, or suspicion of political influence. 2d. A well organized Civil Service Commission is better trained by its broad experience to conduct these examinations and inquiries than any appointing officer can be. 3d. The appointing officer cannot spare the time to make adequate investigations of this character, or if he does spare the time he takes it from other duties which have the first claim upon his attention. 4th. The Civil Service Commission by its advertisements and the publicity given to its work reaches a greater number of candidates than any appointing officer can ordinarily reach. This increases the chance of getting a first

class man.

Court Proceedings

The Commission has been a party to an unusually large number of litigations which arose during the year, in all but one of which it has so far been successful. In that one, and in one other of the litigations, in both of which appeals are now pending, an effort is being made to test the scope and effect of the decision rendered by the Court of Appeals in the Matter of Flaherty v. Milliken, 193 N. Y. 564, which held that certain subordinates of sheriffs, who were engaged in the execution of civil processes,

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