
    PEOPLE ex rel. COLLINS, Respondent, v. KRAFT, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    March 21, 1900.)
    Proceedings by the people of the state of New York, on the relation of Jay Collins, against John Kraft, as superintendent, etc.
   PER CURIAM.

Order reversed, with costs. Held, that the civil service law does not require an agent of the state, authorized to employ a man and team to work upon the canals (as one employment), to give preference to a man who owns or can furnish a team suitable for such employment, because of the fact that he is an honorably discharged soldier; that the employment contemplated by the statute refers to and includes only the personal services of the man, and not the services or use of his property which may be necessary or required in the employment. Held, also, that in this case the services of the team were a substantial part of the employment, and not merely incidental to the services of the man, and that the civil service law has no application.  