In re Keymer, 148 N.Y. 219 (1896)
A state law granting civil war veterans an absolute preference for civil service positions, without competitive examination, violates the New York State Constitution’s requirement that appointments be based on merit and fitness as determined by examinations, so far as practicable.
Summary
This case addresses the constitutionality of a New York law that gave Civil War veterans preference for civil service appointments without requiring competitive examinations. The New York Court of Appeals found the law unconstitutional, holding that it violated the state constitution’s mandate that civil service appointments be based on merit and fitness, ascertained through examinations, as far as practicable. The Court emphasized that while veterans are entitled to preference after demonstrating merit and fitness, they cannot be exempt from the examination process altogether. This decision reinforces the principle that merit-based selection is paramount in civil service, even when considering veteran’s preferences.
Facts
Relator Keymer, a Civil War veteran, applied for a non-competitive examination for a messenger position in Brooklyn, relying on an 1895 law granting veterans preference and exempting them from competitive exams for positions paying under $4 per day. His application was denied. The 1895 law amended existing civil service laws to favor veterans, stating competitive exams were unnecessary for lower-paying positions, requiring only an assessment of the applicant’s fitness. The New York Constitution (1894) stipulated appointments should be based on merit and fitness, ascertained by examinations, preferably competitive, with veterans receiving preference.
Procedural History
Keymer initiated a legal proceeding after his application for a non-competitive exam was denied. The case reached the New York Court of Appeals, which reviewed the constitutionality of the 1895 law in light of Article 5, Section 9 of the New York Constitution of 1894. The Court of Appeals affirmed the lower court’s decision, finding the 1895 law unconstitutional.
Issue(s)
Whether a state law that exempts honorably discharged Civil War veterans from competitive civil service examinations for positions paying less than four dollars a day violates Article 5, Section 9 of the New York Constitution, which requires appointments and promotions in the civil service to be made according to merit and fitness, ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive?
Holding
No, because the law creates an unconstitutional preference by exempting veterans from competitive examinations, which conflicts with the constitutional mandate that merit and fitness be the primary basis for civil service appointments, determined through examinations, whenever practicable.
Court’s Reasoning
The Court reasoned that the New York Constitution mandates appointments and promotions in civil service be based on merit and fitness, determined by examinations, which should be competitive where practicable. While the Constitution grants veterans a preference, it does not allow for complete exemption from examinations. The 1895 law, by exempting veterans from competitive exams for lower-paying positions, created an unconstitutional preference. The Court emphasized that all citizens should be on equal footing for examinations determining merit and fitness. The veteran’s preference applies only after a list of qualified candidates is established through examinations. The Court stated, “It seems to us clear that this section of the Constitution, read according to its letter and spirit, contemplates that in all examinations, competitive and non-competitive, the veterans of the civil war have no preference over other citizens of the state, but when, as a result of those examinations, a list is made up from which appointments and promotions can be made, consisting of those whose merit and fitness have been duly ascertained, then the veteran is entitled to preference without regard to his standing on that list.” The Court also noted the arbitrariness of exempting veterans based on compensation level, as compensation does not determine the practicability of competitive examinations. This decision underscores that merit-based selection is paramount, and preferences, like those for veterans, can only be applied after merit and fitness have been established through examinations.