sation. When a contract of employment is fully performed by both parties, the relation ceases and no rights can accrue in favor of either as against the other.652 An illegal suspension, removal or discharge will not deprive the person thus affected of his right of compensation; he will be entitled to pay for the unexpired term of his contract.65 653 § 716. Limitations upon the right of removal; civil service laws. The carrying on of the business of government necessitates the employment of a large number of persons not engaged in the performance of discretionary duties or those requiring official and personal judgment. The use of these employes for the purposes of promoting the success of political parties, factions or cliques is destructive to good government, results in a waste of public money and may also result in the carrying on of extravagant and unnecessary public works. Even without such considerations the protection of the laborer in his employment adds to its efficiency. of the supply department has the power to appoint and remove an inspector of supplies. Percival V. Weir, 52 Neb. 373, 72 N. W. 477; People v. City of Brooklyn, 149 N. Y. 215, 43 N. E. 554. The power to appoint carries with it the arbitrary power of removal where the tenure is not defined by statute. 652 Phillips v. City of Boston, 150 Mass. 491, 23 N. E. 202; Wilkinson v. City of Saginaw, 111 Mich. 585, 70 N. W. 142; Byrnes v. City of St. Paul, 78 Minn. 205, 80 N. W. 959; Bernard v. City of Hoboken, 27 N. J. Law (3 Dutch.) 413; Donnell v. City of New York, 68 Hun, 55, 22 N. Y. Suppp. 661; Meyers v. City of New York, 69 Hun, 291, 23 N. Y. Supp. 484, overruling 64 Hun, 635, 18 N. Y. Supp. 904; Cook v. City of New York, 9 Misc. 338, 30 N. Y. Supp. 404; Fox v. City of New York, 11 Misc. 304, 32 N. Y. Supp. 257; Francisco v. City of New York, 24 App. Div. 22, 48 N. Y. Supp. 911; O'Hara v. City of New York, 28 Misc. 258, 59 N. Y. Supp. 36. A city employe illegally discharged can not, in addition to compensation for his time while unemployed, recover costs and counsel fees in the proceedings brought by him to compel his reinstatement. Holt v. City of New York, 35 Misc. 642, 72 N. Y. Supp. 201. A city employe illegally discharged is entitled to recover compensation for the time during which he could have performed the services of his position. Hagan v. City of Brooklyn, 126 N. Y. 643, 27 N. E. 265. 653 State v. Walbridge, 153 Mo. 194, 54 S. W. 447; People v. Smyth, 28 Cal. 21; Carroll v. Siebenthaler, 37 Cal. 193; Andrews v. City of Portland, 79 Me. 484; Walker v. City of Cook, 129 Mass. 579; State v. Carr, 3 Mo. App. 6; Gammon v. Lafayette County, 76 Mo. 675; Givens v. Daviess County, 107 Mo. 603; State v. Brown, 146 Mo. 401; People v. Brennan, 30 How. Pr. (N. Y.) 417; Hoke v. Henderson, 15 N. C. (4 Dev.) 1; People v. Dalton, 72 N. Y. Supp. 198; People v. French, 91 N. Y. 265 If employment and promotion are dependent, as already stated, upon racial, political or religious reasons rather than upon the character and accuracy of the work done, the routine work of government will not be performed either cheaply or efficiently. These with other considerations that readily suggest themselves have influenced legislative bodies in placing a large proportion of governmental employes under civil service rules 654 and regulations attempting to control, to minimize or prevent the evils existing under other conditions. Such laws generally exclude from their operation certain appointments or positions which, because of their nature or the character of the duties required, it is deemed advisable to exempt.655 § 716a. Constitutionality of civil service laws. Civil service legislation if not prescribing tests prohibited in the constitution is enforceable.656 A classification 657 of employment 654 Cahen v. Wells, 132 Cal. 447, 64 Pac. 699; Brenan v. People, 176 Ill. 620, 52 N. E. 353. The board of education of the city of Chicago, except the members of the board, superintendent and the teachers, are within the operation of the civil service Act. (Laws 1895, p. 85). Morrison v. People, 196 Ill. 454; People v. Roberts, 148 N. Y. 360, 42 N. E. 1082, 31 L. R. A. 399. The department of public works of the city of New York is within the operation of the civil service laws construing Const. 1876, art. 5, § 3, as amended by Const. 1895, art. 5, § 9. People v. Keller, 157 N. Y. 90, 51 N. E. 431. The charter of Greater New York City in respect to civil service entitles it to establish a local system and to take the city out of he operation of the general civil service laws. State v. Smith, 19 Wash. 644, 54 Pac. 33. 657 People v. Loeffler, 175 Ill. 585, 51 N. E. 785; State v. Judge of Civil Dist. Ct., 50 La. Ann. 655; In re Balcom, 28 Misc. 1, 58 N. Y. Supp. 655 City of New Orleans v. Fire Com'rs, 50 La. Ann. 1000, 23 So. 906; Johnson v. Kimball, 170 Mass. 58, 48 N. E. 1020; People v. Angle, 109 N. Y. 564, 14 N. E. 413; In re Agar, 21 Misc. 145, 47 N. Y. Supp. 477; People v. Knox, 45 App. Div. 518, 61 N. Y. Supp. 469; People v. Clarke, 54 App. Div. 588, 66 N. Y. Supp. 1068; Rowley v. City of Rochester, 34 Misc. 291, 69 N. Y. Supp. 160; Chittenden v. Wurster, 152 N. Y. 345, 46 N. E. 857, 37 L. R. A. 809, reversing 14 App. Div. 483, 43 N. Y. Supp. 1035. Civil service examinations are not advisable for confidential positions or those involving the handling of public moneys in addition to the position. Sec. 8 of the New York civil service laws as amended by Laws 1884, c. 410. People v. Tobey, 153 N. Y. 381, 47 N. E. 800. 656 People v. Kipley, 171 Ill. 44, is fixed and candidates or applicants for employment must take the examinations prescribed, 658 submit to the regulations for the consideration of their application and their examination papers, any, by civil service boards.659 When once employed, which can 49 N. E. 229, 41 L. R. A. 775. The civil service act of March 20, 1895, is not unconstitutional because attaching a penalty to a violation of its provisions. People v. Loeffler, 175 Ill. 585, 51 N. E. 785; Kipley v. Luthardt, 178 Ill. 525, 53 N. E. 84; Hope v. City of New Orleans, 106 La. 345, 30 So. 842. A civil service regulation which provides for the right of selection to fill vacancies in place of a public employment from a list of persons rendered eligible by securing ratings in examinations as high as 70 per cent does not violate the 14th Amendment of the Constitution of the United States; neither is such civil service act unconstitutional as repugnant to La. Const. art. 31, which declares that laws shall embrace but one subject. People v. Knauber, 27 Misc. 253, 57 N. Y. Supp. 782; People v. Henry, 47 App. Div. 133, 62 N. Y. Supp. 102. Civil service rules or laws cannot prevent the dismissal of those employes who by Const. art. 10, § 3, are to hold their positions at the pleasure of the appointing power. People v. Mosher, 163 N. Y. 32, 57 N. E. 88. New York Laws 1899, c. 370, and civil service rules passed under their authority conflict with constitution, art, 10, § 2, in so far as they compel the appointment of the person graded highest on the eligible list. Construing Const. art. 10, § 2, which vests in the authorities of a city the power of appointment of employes and New York Const. art. 5, 9, the so-called civil service if amendment to the Constitution, the latter amendment was not intended so the court holds, to nullify the former but to limit the exercise of such power of appointment to persons whose fitness had been ascertained by examination. Citing: People v. Draper, 15 N. Y. 537; Menges v. City of Albany, 56 N. Y. 374; People v. Angle, 109 N. Y. 564; Smith v. St. Lawrence County Sup'rs, 148 N. Y. 187; People v. Roberts, 148 N. Y. 360; Rathbone v. Wirth, 150 N. Y. 459, 34 L. R. A. 408; People v. Lyman, 157 N. Y. 368, and Gilbert El. R. Co. v. Anderson, 3 Abb. N. C. (N. Y.) 434. 658 Morrison v. People, 196 Ill. 454, 63 N. E. 989. Members of a board of civil service commissioners can be prosecuted under 1 Starr & C. Ann. St. (2d Ed.) p. 1102, for cer tifying a person as eligible without taking the examinations as required. People v. Gleason, 32 App. Div. 357, 53 N. Y. Supp. 7; People v. Common Council of Syracuse, 26 Misc. 522, 57 N. Y. Supp. 617; People v. Knox, 66 App. Div. 517, 73 N. Y. Supp. 361; Chittenden v. Wurster, 152 N. Y. 345, 46 N. E. 857, 37 L. R. A. 809. 659 McNeill v. City of Chicago, 93 Ill. App. 124; People v. Loeffler, 175 Ill. 585, 51 N. E. 785. A city clerk may be compelled by mandamus to make appointments in conformity with the civil service act. Peters v. Bell, 51 La. Ann. 1621, 26 So. 442. One appointed as an assistant city engineer before the adoption of civil service rules does not come within their operation. People v. Alder be in no other way,660 their promotion, reduction in grade," compensation,663 removal or discharge,664 can only be made in accordance with the provisions of the law under which they are engaged and the protection of which they enjoy. Suspensions or removals, however, can be made under civil service regulations upon economic grounds or where there has been a failure to make men of Buffalo, 18 Misc. 533, 42 N. Y. Supp. 545. A conclusion of a civil service commission after examination and inquiry in respect to the character and fitness of candidates for public office cannot be collaterally attacked being in its nature a judicial determination. People v. New York City Civil Service Board, 13 App. Div. 309, 43 N. Y. Supp. 191. One whose name is wrongfully omitted from the eligible list is entitled to be certified for appointment. In re Allaire, 168 N. Y. 642, 61 N. E. 1127. But see Crowley v. Freud, 132 Cal. 440, 64 Pac. 696, and In re Agar, 21 Misc. 145, 47 N. Y. Supp. 477. 660 People v. Loeffler, 175 Ill. 585, 51 N. E. 785; Attorney General v. Trehy, 178 Mass. 186, 59 N. E. 659; People v. Knox, 67 App. Div. 231, 73 N. Y. Supp. 650; Peck v. Belknap, 130 N. Y. 394, 29 N. E. 977. 661 Ptacek v. People, 94 Ill. App. 571; People v. Knox, 68 App. Div. 541, 69 N. Y. Supp. 602. 662 People v. Feitner, 49 App. Div. 101, 63 N. Y. Supp. 209. 663 People v. Coler, 58 App. Div. 615, 56 N. Y. Supp. 943. The protection afforded an honorably discharged veteran in respect to his removal does not prevent a reduction of compensation in case of transfer from one place to another. Powell v. City of New York, 65 App. Div. 421, 72 N. Y. Supp. 990; Flynn v. City of New York, 69 App. Div. 433, 75 N. Y. Supp. 15; People v. Scannell, 69 App. Div. 400, 75 N. Y. Abb. Corp. Vol. II-46 Supp. 122; People v. Knox, 71 App. Div. 306, 75 N. Y. Supp. 896. 664 Thompson v. Troup, 74 Conn. 121, 49 Atl. 907; People v. Thompson, 26 Hun (N. Y.) 28. The old charter of New York City which provides that no clerk, employe or subordinate shall be removed without opportunity for explanation does not entitle one to demand a formal trial for the production of evidence or disprove the charges. The decision of the head of the department as to the sufficiency of the explanation is not reviewable by the courts. People v. Dalton, 23 Misc. 294, 50 N. Y. Supp. 1028; People v. Public Park Com'rs, 60 How. Pr. (N. Y.) 130. Under New York Laws 1873, c. 335, § 28, a clerk is only entitled to notice and an opportunity to explain in cases where the removal is made for a cause personal to the party or when it is sought arbitrarily and without adequate reason to substitute another person in his place. The statute does not apply where their removal is necessary because of a decrease in appropriation and because of this the necessity for the discharge of some employes. See, also, as holding the same Phillips v. City of New York, 88 N. Y. 245. People v. Lantry, 32 Misc. 80, 66 N. Y. Supp. 185; People v. Scannell, 56 App. Div. 624, 67 N. Y. Supp. 1142. Civil service rules prohibiting removals cannot have any retroactive effect so as to protect an incumbent removed before the rules a sufficient appropriation for the maintenance of a department or office. 665 Removal or suspension for cause. Civil service laws must necessarily provide for the suspension or removal of employes for cause. Public business could not be carried on or discipline of deportment be otherwise maintained. To effect a legal removal or suspension, however, the steps prescribed by law must be taken and in the manner designated." 666 § 716b. Right of discharge limited by veteran acts. The congress of the United States and many state legislatures have passed laws which still further restrict and limit the arbitrary power of removal or suspension even where civil service laws have been adopted. The class of persons especially favored by such laws are honorably discharged veteran soldiers and sailors of the war of the rebellion 667 engaged on the Union side or per became operative and valid under the civil service laws. People v. Campbell, 82 N. Y. 247; Kip v. City of Buffalo, 123 N. Y. 152, 25 N. E. 165; People v. Kearny, 164 N. Y. 64, 58 N. E. 14. 665 See cases cited in preceding note. Douglas v. Board of Education of City of Brooklyn, 21 App. Div. 209, 47 N. Y. Supp. 435. The rule would even apply to discharged veterans. Porter v. Howland, 24 Misc. 434, 53 N. Y. Supp. 683; People v. Shea, 164 N. Y. 573, 58 N. E. 1091; Kenny v. Kane, 27 Misc. 680, 59 N. Y. Supp. 555. 666 Ptacek v. People, 94 Ill. App. 571; City of Chicago v. Luthardt, 191 Ill. 516, 61 N. E. 410; People v. Cobb, 13 App. Div. 56, 43 N. Y. Supp. 120; People v. Odell, 162 N. Y. 613, 57 N. E. 1121. An order of dismissal reciting that it was "for the good of the service" is insufficient under Laws 1898, c. 186, § 3, providing for removals from office. People v. Kearny, 48 App. Div. 125. 62 N. Y. Supp. 1097; People v. Scan nell, 62 App. Div. 249, 70 N. Y. Supp. 983; People v. Keller, 158 N. Y. 187, 52 N. E. 1107; People v. Cram, 164 N. Y. 166, 58 N. E. 112, reversing 50 App. Div. 380, 64 N. Y. Supp. 158. 667 Act of Congress Aug. 15, 1876 (19 Stat. 169). Civil Service Act, 1883, (22 Stat. 406). Kan. Laws, 1886, c. 160. Mass. St. 1896, c. 517. § 3, held constitutional in Opinion of Justices, 166 Mass. 589, 44 N. E. 625, 34 L. R. A. 58; Mich. Pub. Acts, 1897, No. 205; Minn. Gen. St. 1894, § 8041; New Jersey Act March 9, 1891 (Acts 1891, c. 59, p. 101) held unconstitutional in State v. O'Connor, 54 N. J. Law, 36, 22 Atl. 1091. New Jersey Act March 14, 1895, 3 Gen. St. p. 3701; New York Laws 1887, c. 464; Laws 1888, c. 119; Cal. Act March 31, 1891; New York Laws 1899, c. 370; New York Laws 1896, c. 821. New York Laws 1898, c. 184; New York Laws, 1892, c. 577; Greater New York Charter, § 127. New York Const. 1895, art. 5, § 9. which requires an examination of |