Majority
Headnote
Municipal Corporations — Civil Service — Stream Cleaners — Classification —Proceedings for Reinstatement.When this proceeding was before us on a former appeal, we affirmed an order which denied the application for a mandamus, without prejudice to relators’ right to institute a new proceeding. The reason for this ruling was found in the fact that it was conceded that the relators were employed in the water department of the former city of Brooklyn, and classified in the civil service of such city in Schedule B. Such classification subjected them to competitive examination, and each passed such examination before receiving his appointment. We were unable, from the record then before us, to determine whether upon the reclassification of the civil service for the city of Hew York, pursuant to chapter 186 of the Laws of 1898, such positions were continued as those requiring a competitive examination or not; and as it did not appear what the duties of the positions were, or that the positions had been abolished or placed in the noncompetitive class, leave was granted to renew the application. People v. Dalton, 46 App. Div. 264 , 61 N. Y. Supp. 263 . The opposing papers upon the present application, which must be taken as true, as well as the undisputed facts of the case, show that the position of stream cleaner has not been inserted in any competitive class in the civil service of the city of Hew York, by name. The duties attached to the relators’ positions in detail required them to keep clean the water running in the streams, removing therefrom any rubbish or other injurious material, and to prevent the creating of any nuisance thereon or pollution thereof. It is apparent, therefore, that the discharge of these duties is quite within the capacity of an ordinary laborer, and such is the natural designation of a person performing such service. It is in fact manual labor, and the pay attached to the position — two dollars per day —is also indicative of the fact. It is stated in the affidavit of Mr. Phillips, the secretary of the municipal civil service commission of the city of Hew York, that such commission, appointed and acting pursuant to law, classified the relators’ position in the civil service of the city as that of “laborer and day workman.” These positions are classified in Schedule G, and are not subject to competitive examination. It is said that the statement of Mr. Phillips is a mere conclusion of law. If it be so regarded, it is reasonably clear that
Order reversed, with $10 costs and disbursements, and peremptory writ of mandamus dismissed, with $10 costs. All concur.
Cases cited
- People ex rel. Jacobus v. Van Wyck 157 N. Y. 495 p. 260
- Chittenden v. Wurster 152 N. Y. 345 p. 260
- People ex rel. Boyd v. Hertle 28 Misc. Rep. 37 at 60 p. 261