New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-01-24
THE COURTS.
THE FORDHAM SCHOOL CONTROVERSY.
JupGE PRATT sUsTAINs THE DISTRICT BOARD OF
gnIrrATION

THE FORDHAM SCHOOL CONlhOFEhoI'
JUDGE PRATT sUsTAINs THE DISTRICT BOARD OF
EDUCATION.
The Hon. John b. Haskin and other members
OF the Board Of Education Of School District NO OF the
town OF West Farms recently applied to Judge Pratt OF
the Supreme Court for peremptory writ OF nsndHmuS
IN compel the Board OF Supervisors OF Westchester
County TO insert in the tax levy assessment OF soo
IN meet expenses for the site OF schoohOuse anu
for building the foundation walls
Judge Pratt after hearing arguments IN tDe case,
granted the notion yesterday without stay ana ISSUED
peremptory writ OF mandamus directing the BOARD o
supervisors to confirm levy and assess the estimates OF
the District Board OF Education. including the item OF
,lsOOo The respondents may appeal to the Generai
Term without giving security. Judge Pratts OPINION IN
the case will De found below In full
other pressing engagements prevent me from writing
n satisfactory opinion IN this proceeding, pu1 ~ ~ PIvpV
should state briefly the conclusions 10 wioS ' t
IL appears that the REALTORS nave uetet1eu ~
new sehoOlhouse they have selected tne size
the land and made the necessary contracts for the e
fabshment of free school They have made an estl-
mate of the amount Of money required Tor the year.
under the act of 1854 and placed IL before the respond
ens who have failed TO levy and assess ~ as sent ID
schoolhouse The respondents claim that, under the
act creating the Board composed OF the feIaoi ne1
had n right, for what they should deem sunciehe
reason 90 strike out the item in controversy III Is
pure question OF construction OF the statute Telereu w.
In my Judgment 1t was tne m h 0t Of the
school district and Trustees, in regard 10 estaosng
schools,
the Board created by this act me ACT prOViuss 6
necessary machinery for raising the money by levy ana
81 hro s@ to the Of the district
formerly pracIiced The act in us scope creates oVa
that shall in charge the educational lnterest Vi te
district empowers il to hold and dispose OF prop
erty and receive and expend money, ana genetEaiyy
The thus created must be held TO possess a
the powers necessary TO carry into effect tne
nressy granted To hold that the word revision con-
erred the power upon the Board OF Supervisors 70 deter
mine Indirectly whether school should DC t n,
yould he repugnant and irreconcaDe Win INC sPV
of fine act ana deprive the Board OF Education OF tle
power do act necessary 10 MAINTAIN or snSno
schOol.hOuse with equal proprety they can caln sno
power strike out the pay og o ca 1 could
not safely hire teacher or make any contract Tor re-
pairs. improvements, or supplies fet an sheSe p0wei
All the act requires 10 be done prior 10 Ie TAX peiB
levied and assessed is that an estimate snail DO Sde py
the Board and the same revised or connfned 0y Tue
Board of Supervisors The vote or appropriation Ny any
other body is dispensed with and hence an tne pO%Sfs
in regard raising money by tax are conferred anu ue
fined in the eighth section OF the act. . -,
money required by them for the yearly expense OF nam
alniIg repairing and establishing lfee SCHOOLS lnat
OF the supervisors Is 70 reyse tT property OF the
district. The words maintaining, repairing. anu
considered in connection with the remain
der of the act must mean that the Board OF Education
have the power to maintain, repair ana eStapsh eo
schools it is already apparent that this Board alone
has charge OF all contracts ana expenditures,
and there Is no other puiPose, Saprt tSese
i'm said act except that contained In these
words for which expenditures can be made.
Certainly these words IL they to be construed as
meaning the same as if verbs had been used IN
stead Of particIpes confer the exclusive power upon
the Board oil Education 10 do the acts descflOeu lnIs
Board is not required TO submit report to the Board
oT superyisos or to ask consent TO approval OF
any act thoy may DO but Is required 10 report s onsS
10 the Board OF Town Auditors including detailed ae
count OF its receipts and expenditures ana 10 puOnsh
the same the people OF the district NO provision Is
made whereby the Supervisors can Oe llorneu Vl mnt
is necessary ana proper 10 be expended IN tne dlsct
or its means and necessities Inc ACT dqes Roe
prescribe any form for the estimate rom winch lue
Supervisors might derive the means or judging whetNt
any item is necessary OF proper neither d9es ~ Po oue
any method by which parties can DC neaId Vi e ncoe
sary facts upon which to exercise dlscretloh DC asce
talned. ,,,,...... 4. ,,o,rboro ,ooda resnonsihIe
20 the Board of Supervisors for its acts, and no dy Is
imposed upon the Board Of supervisors to interfere Win
or supervise the acts Of that Board Eaeh mas ls appIp
pirate functions described and the duty Oh each ehu7
when these functions are exercised - -. ...o,,,.,
The Board OF Education, under the power 10 esaplsh
school, have the right to determine when ana where
school shall be located, ana wiia sHd ~ ~ ssi1 mn
and cost (Ketchum ag CITY OF Balo, IA ~ L. S1d, u "a
less the Legislature intended by the words SUBJECT 10
revision vest that power In the Board OF SUPERVISORS
There many reasons opposed To tue inference tn"'
such was the Intent - -. .,
10 convey such meaning Ii IN no sense implies power
to veto, withhold approval FROM or destroy the Work Oh
second It il repugnant TO the intention clearly ex-
pressed IN other portions OF tine act
Third: 1t would lead to consequences detrimental 70
the public interests that the discretion which should
be exercised by local officers would be connded 10 re-
the wants Of and are not responsible 10 the locay 70
be affected by their Judgment me Ordinary m oo Ti
over with care for correction The supervisors nave
mower 10 revise the amount" not TO strike 1t out to
examine and correct, not to annu and destroy. Ii
mistake is made they are to correct II.
III an item be included which the Board OF Education
have not power estimate viz something not Included
in maintaining, repairing or establishing Tree schools
i'm the district anything foreign TO the jurisdiction OF the
Board Education, then the supervisors may refuse TO
levy and such item but they cannot review me
acts of the Board Education within its jurisdiction
and determine whether that Board has acted wisely,
whether schoohouse Is needed, whether any tax snail
be levied. .
In my view OF the law the power OF the Board of
Supervisors limited correcting such errors OF 1act or
law as appear upon the face OF the estimate and none
other IL follows from these views that the REALTORS
motion for a peremptOry mandamus must be granted.