Spencer v. Ryan

This is a taxpayer’s action under section 28 of the Civil Service Law to restrain the payment of salary to Dr. William H. Walker under an appointment to the position of medical consultant with the board of education in the city of New York in alleged violation of the Civil Service Law and the rules of the municipal civil service commission.

■ The challenge here is to the power of the board of education to create that position and to fill it without resort to competitive examination. The fitness of Dr. Walker to discharge properly the duties of that position is not questioned. Indeed it is…