the popular vote. It had been in operation in the Federal service and in this and other States for ten years. That the people intended to embody the result of that experience in the fundamental law of the State is beyond question, and in construing the power of the legislature over the manner of examinations we must give due and proper effect to that purpose and intent. [Supreme Court, case of Keymer.]
There are several other decisions to the same effect. They are, no doubt, well known to you.
The competitive examinations prescribed by the constitution are, therefore, beyond question, in every essential point such as were provided for by the civil service law at the time when the constitution was adopted—that is to say, in point of fact, what true competitive examinations were universally understood to be wherever a civil service system like ours was in practice.
What is that competitive examination? It is an examination in which every citizen conforming to certain requirements as to age, health and moral character has a right to appear, and in which he has a perfectly equal chance with every other candidate—whether rich or poor, whether the son of a hod-carrier or of a millionaire, whether Republican or Democrat or non-partisan, whether Christian, Jew or Gentile—and which gives those who pass the tests of merit and fitness most successfully the best title to appointment—an examination, in one word, which puts all citizens, irrespective of wealth, of social or political influence, of party affiliation or of religious belief, upon a perfectly equal footing, giving the best man the best chance. You will admit, Governor, that a more democratic system of appointment to office could not be conceived.
It will be observed that the necessary effect of this competitive system is to confine the discretion of the
