(Exhibit K). The testimony in regard to the division of appointments between the democratic and republican members of the board has a bearing upon the case in hand. Commissioner York testified at the hearing held April 19, 1901, that he appointed White and Riordan, and that they were democrats; that Commissioner Sexton appointed Halpin and Kane, and that he assumed that they were democrats; that Commissioners Hamilton and Phillips named respectively Diamond and Lawson, and that he assumed they were republicans. Commissioners York and Sexton were the democratic and Commissioners Hamilton and Phillips were the republican members of the board (York test., pp. 395-398). No promotions to the rank of captain were made after May 9, 1898, until December, 1900. Vacancies as they occurred were filled by the assignment of men as acting captains, or technically, "commanding sergeants," and no attempt was made to obtain an eligible list until the White civil service law was signed by the Governor April 19, 1899. The day following the police board made application to the civil service commission for an eligible list from which to make promotions to the grade of captain, and directed all sergeants desiring to compete to file their applications with the chief clerk on or before April 27th (Exhibit L, Delamater test., p. 27). The competitive mental examination was not held until November 2, 1899. The physical examinations took place in March, 1900. The list was finally made up and published November 24, 1900. This delay, according to the testimony of President Knox, was due to the inability of the civil service commission to get the ratings for conduct and efficiency from the police board (Knox test., p. 430). II-Delay of the police board in forwarding the records of efficiency, character and conduct In October, 1899, the police board took up the matter of rating for conduct and efficiency and applied to the civil service commission to furnish a form of certificate. The following reply was received: "MUNICIPAL CIVIL SERVICE COMMISSION "NEW YORK, October 9, 1899 WILLIAM D. DELAMATER, Esq., Deputy chief clerk, Police depart ment: "DEAR SIR: In response to your request of the 14th instant for a formal certificate to meet all requirements in examination for promotion, I would inform you that in addition to furnishing this commission with a copy of the records of the department it is required that in each case the blank form as contained herein requiring the character, conduct and efficiency of the officer entering the examination for promotion be filled out by the department and forwarded to us. We send you under another cover a number of promotion blanks, and it is requested that you will have them filled out in due form and forwarded along with the copy of the records at your earliest convenience. "Yours respectfully (Exhibit A) "LEE PHILLIPS The chief clerk was then directed to ascertain who should sign the certificate. To this question the civil service commis sion replied as follows: "MUNICIPAL CIVIL SERVICE COMMISSION "NEW YORK, October 17, 1899 “Wм. H. K¡PP, Esq., Chief clerk, Police department: "DEAR SIR: I acknowledge receipt of your communication relative to promotion blank as to character, conduct and efficiency of persons coming up for promotion, and requesting information as to what persons are required to sign the same. I desire to inform you that it has always been the practice for the chief of police to sign as the immediate official superior, and the president or chief clerk acting for the board of police to sign as the appointing officer. "Yours respectfully (Exhibit B) "LEE PHILLIPS The police board adopted resolutions in regard to the method of rating on October 6th and November 15th: OCTOBER 6, 1899 Resolved, That the chief of police be and is directed to certify to the police board as to the conduct and efficiency of the sergeants who shall file application for promotion (Exhibit L, p. 4). NOVEMBER 15, 1899 Resolved, That pursuant to the requirements of the rules and regulations of the civil service commission, and for the purpose of complying therewith, the chief of police be and is directed to certify to the police board the record of each member of the uniformed force who has been certified to the civil service commission for examination for promotion; and that the chief, in the making of such certificate, ascertain and give due weight. and consideration to the records and conduct of each such officer during his membership in the department. The board having, for the purpose of complying with the requirements of the rules and regulations of the civil service commission, directed the chief of police to ascertain and report to the board the record and conduct of each member of the uniformed force who has been certified to the civil service commission for examination for promotion, now therefore, for the purpose of establishing a system of certification by the board, it is Resolved, That upon the coming in of the report of the chief the board shall make certification to the civil service commission, in which certificates the following words shall be used, and there shall be given to each such word the following relative weights: Resolved further, That the chief clerk be and is directed to transmit a copy of the foregoing resolution to the president of the municipal civil service commission of the city of New York (Exhibit L, p. 3). In accordance with the resolutions of October 6, 1899, Chief of Police Devery sent the blank certificates forwarded by the municipal commission to the immediate superior officers of each of the candidates accompanied by an order of date October 22, 1899, directing them to send as soon as possible written answers to questions Nos. 1, 2, 3, 4, 8, 9, 10 and 11 of the blank, and also to state upon what facts, records, tests or examinations they based their answers (Exhibit I). These blanks were duly filled in and returned. According to his best recollection they were sent to President York's room and remained there for some time (Devery test., pp. 310, 299, 300). Chief Devery testified that he got these answers to aid his judgment in recommending candidates for promotion. This power to recommend he claimed was secured to the chief by section 288 of the charter. A controversy arose between the chief and the president of the board on this point which lasted several months, and was finally decided by the board against the contention of the chief. Having no further use for the reports of the immediate superiors, he caused them to be filed in his office. They were produced at the investigation April 12th, and are now in possession of the State Commission (Devery test., 301; York, 197-201). The White law came into full force and effect in New York city upon the adoption of new rules on July 11, 1899, but the civil service commission took no steps to put an end to the assignments in the police department, nor following completion of the ratings on the mental and physical examinations did the commission take any action to compel the police board to send the records of efficiency, character and conduct until the autumn of 1900. At that time an investigation of the matter was undertaken by the State Civil Service Commission through its inspector, and upon his report to the municipal commission that body adopted the following resolution, which was forwarded to the police board in a letter of October 20, 1900: "OCTOBER 20, 1900 "Hon. BERNARD J. YORK, President of the board of police: "DEAR SIR: I beg to advise you of the following resolution adopted by the municipal civil service commission at a meeting held October 17, 1900: Resolved, That the secretary of this commission be and he hereby is instructed to write to the police commissioners requesting them forthwith to send to this commission their joint or several certificates as to the efficiency, character and conduct of the persons who have entered the police promotion examination,' and calling the attention of the police commissioners especially to the fact that the certificates mentioned may be several under the rule; and it was further stated that if these certificates are not received by the municipal civil service commission on or before October 31, 1900, it will be the duty of this commission to inspect the records of the police department, as provided for by civil service rules XXXVIII and LIV, and if such records have not been regularly and properly kept, it will be the duty of the civil service commission to deter mine the relative merit and fitness of the candidates by other tests.' "Very respectfully yours "LEE PHILLIPS (Test., pp. 76-77.) Up to the time of the receipt of this letter the police board appears to have done nothing towards making up and forwarding the records except the action taken requiring the chief of police. to certify as to the efficiency and conduct of candidates, which proved abortive. There is no note in the minutes of the police board rescinding this action. No other explanation of this delay was forthcoming, except the statement of President York, to which the inspector of the State Commission testified that the commissioners were unable to come to an agreement on the ratings (Briscoe test., p. 94). Commissioner York testified that an order was sent out to the superior officers of candidates between April 20 and May 1, 1899, for the purpose of obtaining a report |