111 N.E. 252 | NY | 1916
This appeal presents for determination a single question of law, viz., whether one who holds an office in the competitive class of the state civil service who is removed solely for political reasons is entitled to reinstatement. Upon being removed by the state engineer and surveyor from his position as chief clerk in the office of the respondent, the relator obtained from the Special Term an alternative writ of mandamus directing his reinstatement. The ground upon which the relator applied for the writ was that he had been removed solely for political reasons. The Appellate Division have reversed the order granting the alternative writ as a matter of law and not in the exercise of discretion. It is, therefore, unnecessary for us to review the facts stated in the petition and the answering affidavits. The learned Appellate Division ruled that assuming that the relator had been removed solely for political reasons, he could not be reinstated. With this conclusion we are unable to agree. The purpose sought to be accomplished by the Civil Service Law is now a matter of common knowledge. That purpose was to require all appointments within the law to be based solely upon merit and not to be made as a reward for political and partisan services. The necessity *42
for the enactment of the law and the purposes sought to be accomplished by it were lucidly set forth in the opinion of Judge PECKHAM in Rogers v. Common Council of Buffalo (
"§ 25. Recommendation for appointment or promotion. — No recommendation or question under the authority of this chapter shall relate to the political opinions or affiliations of any person whatever; and no appointment or selection to or removal from an office or employment within the scope of the rules established as aforesaid, shall be in any manner affected or influenced by such opinions or affiliations. No person in the civil service of the state or of any civil division or city thereof, is for that reason under any obligation to contribute to any political fund or to render any political service, and no person shall be removed or otherwise prejudiced for refusing so to do. No person in the said civil service shall discharge or promote or reduce, or in any manner change the official rank or compensation of any other person in said service, or promise or threaten so to do for giving or withholding or neglecting to make any contribution of money or service or any other valuable thing for any political purpose. No person in said service shall use his official authority or influence to coerce the political action of any person or body, or to interfere with any election."
This section of the statute expressly prohibits those having the power of removal from exercising that power so *43
as to remove from office or employment any person on account of his political opinions or affiliations. When he is removed from his office or employment upon this ground he may seek reinstatement by a writ of mandamus. The decisions rendered in the courts below upon the question now presented for determination have not been uniform. In People ex rel. Gallup
v. Williams (
Two arguments are made in the effort to induce us to interpret the statute so as to deny the right to mandamus. It is argued that as other provisions of the Civil Service Law provide specifically for a remedy by mandamus, the failure of section 25 specifically so to provide is indicative of the legislative intention not to permit one who is *44
removed in violation of its provisions to be reinstated. Section 25 prescribes a rule binding upon public officials, and where one is removed from his office or employment in violation of its provisions, we think it is clear that the legislature intended that the same remedy should be available to him that is accorded to other employees in the civil service who are removed in violation of law. The courts have frequently compelled reinstatement by means of mandamus where removals in violation of law have been made, even though the statutes prohibiting such removals did not specifically authorize reinstatement by mandamus. (People ex rel. Fleming v. Dalton,
WILLARD BARTLETT, Ch. J., HISCOCK, CHASE, COLLIN, HOGAN and CARDOZO, JJ., concur.
Order reversed, etc.