The People of the State of New York Ex Rel. John William McClelland, Appellant v. James A. Roberts, as Comptroller…

Summary

The Court affirmed the denial of a peremptory writ of mandamus, holding that the relator was not entitled to salary because his appointment had not been certified by the Civil Service Commission. The Court concluded that the 1894 constitutional amendment made the Civil Service Act applicable to the Department of Public Works, superseding the earlier decision in People ex rel. Killeen v. Angle. The dissent argued that the amendment did not revive a statute previously held unconstitutional and would reverse the judgment.