People ex rel. Ryan v. Wheeler — 2 N.Y. St. Rep. 656

Majority

p. 656

People ex rel. Richard W. Ryan, Resp’t, v. Everett P. Wheeler and others, composing the Civil Service supervising and examining boards of the city of New York.

(Supreme Court, General Term, First Department,

Filed June 28, 1886.)

Headnote

1. Civil service examination—New York (city of) aqueduct—Laws 1883, chap. 490—Laws 1884, chap. 410.

Candidates for employment as clerks, copyists, recorders, or bookkeepers of the Aqueduct commission of New York city are officers, agents or employees of the city, and are required to be examined by the civil service commission—Laws 1884, chap. 410.

2. Same—Mandamus.

A writ of mandamus to compel the commissioners to entertain and consider the application of the relator for examination for such employment was lawful.

Appeal from an order directing the issuing of a peremptory mandamus requiring the persons composing the civil service boards, and the secretary thereof, to entertain and consider the application of the relator for examination by such board, for employment in the bureau of the aqueduct commission, etc.

B. J. Dean, for appl’t; Frederick W. Whitridge, for resp’t.

The relator was desirous of securing employment as a clerk, copyist, recorder, or bookkeeper, by the aqueduct commissioners for the construction of the new aqueduct under chap. 490 of the Laws of 1883. This work was wholly authorized for the benefit of the city of New York, to increase its supply of water, and the commissioners selected for its prosecution included the mayor, the comptroller, the commissioner of public works of the city of New York, and three other residents of the city.

The property required for the enterprise was to oe acquired by the city of New York, and the expenses of both the property and tho work were to be provided for and paid by the city. The state at large had no special interest whatever in the land to be obtained, or the ends to be secured, but they were for the benefit, advantage and proprietorship of the city itself, and that was sufficient to constitute the persons who might be employed and engaged in it—officers, agents or employees of the city. They were accordingly within the description of persons required to be examined by the civil service commissioners, as that is contained in section 8 of chap. 410 of tho Laws of 1884; for that section includes and requires to bo examined all candidates, not afterwards excepted, for admission into the civil

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service of the city. The regulations to be adopted were directed to include the several clerks and persons employed, or being in the civil service of the city, subject to the exceptions already mentioned, which does not include the case of the relator. And as he designed to seek employment from the aqueduct commissioners, and the business they were engaged in was that of the city itself, before he could be eligible to that employment his examination was required under this provision of the statute. For in the employment he sought he would be in the civil service of the city itself. It is not necessary to inquire whether he would in that manner become an officer of the city, for this section of the statute is not restricted to that class of individuals, but it includes generally all clerks and persons in the civil service of the city. The employment he desired to obtain was a part of that civil service, and it was indispensable before he could obtain it that an examination to ascertain his fitness in respect to character, knowledge and ability should take place. For these reasons, and those more at large assigned in the very full and complete opinion Mr. Justice Lawrence, the writ of mandamus was lawfully directed to be issued at the suit of the relator, and the order from which the appeal has been taken should be affirmed, with costs.

Brady, J. concurs._