
    PEOPLE ex rel. MERRITT v. KRAFT et al., Com’rs.
    (Supreme Court, Appellate Division, Third Department.
    September 15, 1911.)
    Proceeding by the People of the State of New York, on the relation of Fred L. Merritt, against John E. Kraft i and others, Commissioners, constituting the Civil Service Commission of the State of New York.
   No opinion. Decision modified, by ad ling thereto: “The court holding as matter of law and fact that the civil service commission was authorized to place the position in question in the exempt class, mandamus is not refused as matter of discretion.” See, also, 130 N. Y. Supp. 363.  