by John Marshall Harlan

“ But, as the supreme court of Illinois did not allow the proposed amendment of the answer, the questions suggested by the amendment did not arise for determination. To the action of the court in disallowing the amendment, no exception was taken. The grounds upon which these motions were denied appear from the opinion of the court, as follows: 'By this motion respondent, Kipley, asks-First, for leave to withdraw his plea; second, to file an amended answer; and, third, to file a supplemental answer. Nothing more is before us than the bare motion. ”

“ It abridges the privileges and immunities of the citizens of the United States, because it operates to exclude from the classified service of such city, as therein specified, all such citizens as do not apply for office, or for place of employment. ”

“ Kipley, 167 Ill. 638, 48 N. E. 688. This action of the state court does not raise a federal question which this court can examine. The suggestion that the federal questions which would have been raised if the answer had been amended as proposed should be considered upon their merits, precisely as they might have been if the motion to amend had been allowed, cannot be entertained for a moment. It was in the discretion of the court to deny the motion to amend, when no reasons were assigned for its allowance, and to hold the parties to the issues made by the original petition and answer ”

“ These evils are such as grow out of what is generally called the 'spoils system.' * * * The foundation principles of the act are that appointments to municipal offices or employments must be made according to merit and fitness, to be ascertained by competitive examinations, free to all, and that promotions from lower to higher grades in the public service must be made upon the basis of merit.' People v. ”