Murray v. McNamara

The Municipal Civil Service Commission of the City of New York determined that a laborer, who, among his other duties, assists rammers and payers in the construction and repair of city streets, is eligible for promotion to the position of rammer. I believe that determination — which has been upheld by the Appellate Division — eminently correct. I cannot agree with the decision, now being made by the court, that either the Constitution or the Civil Service Law makes impossible the promotion of an employee in the labor class to a position in the competitive class.

The sole test for promotion as…