The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-28
SUPREME c9UsT-cgAssess.
In nda mus In the Iussrest Of the College
Of the city OF sew York.
Hefoy. IndUe Hayts

Before Judge Davis
This application wa made yesterday for man.
damus against the President OF the Board OF Edu-
cation and the city Comptroller and Treasurer. TO
compel payment 10 kedian A Brother OF some
$4,000 for repairs and supplies furnished 10 the
college OF the city OF New York" The claim mad
been passed upon and allowed correct by the
Executive Committee of the Board OF Trustees Of
the College aud their action has been ratified hy the
Board ITSELF Mr.. Gerard counsel Tor the REALTORS,
reviewed the various acts OF The Legislature under
which the college had been ca ablished the irst of
which was the law OF 1881, under which the "free
Academy" was established, under the direction
and supervision Of the Board OF Educstion and.
OF the college was changed into the college OF the
city OF New YORK; and ~ was made distinctive
and separate corporation with the Trustees OF the
Board OF Education "a It's trustees. er orcio. by
the law OF 1857 which was claimed 10 De stil IN
force IN those provisions the moneys OF
apart In place Of deposit 10 be designated,
and were IN no respect 10 be part OF the CITY
or county moneys. BY said act Also SUCH moneys
were to oe drawn out only by drait IN favor OF the
party entitled TO them. on drafts signed by the
President OF the Board Of Education. eI o1c.0
President OF the College Board. IL appeared tnat
$4,000 had been raised by tax Tor the college and
deposited with tue City Chamberlain who. as
any functions conferred by the charter OF 1879, but
merely holder OF such moneys as bank or
cants, in their blissfui ignorance that there was
any other power In the city besides Green, - had
an r' Ssa GAINED the that rs sres 20
audit and act upon their claims although they had
already been audited ana allowed by tue trustees
OF the college. Counsel therefore, observed that
the couleUr DE rose with which their claims were
0verspread on their passage by the college
now changed into dreary reyd antique. and that,
although the work had been done for nearly "A
year, they were still knocking AZ the door with
Others who were more or less starving while
waiting for these various missionaries to settle
their differences and their legal positions. IL was
CLAIMED by counsel thai Il was the duty Of the
President OF the Board OF Education, as Presi-
dent of the Board OF Trustees. immedi-
ately to draw the draft required BY the
REALTORS, irrespective OF all other functionares,
and that he had no right by his inactlon neglect
to null1fy the resolutions of his Board that has
province was purely ministerial, and that n his
action or non-actlon was sustained he would have
was President. Az 10 the ubiquitous Green, ~ was
claimed that he was intermeddling. as usual. IN a
matter that did not concern MIN, and that he
should be mandamused TO draw his draft on the
Chamberlain. based on the draft TO be drawn by
the President OF the Board OF Trustees.
The Corporation Counsel appeared for the re-
spOndents by his assistant, Mr.. Rockwell. but had
not finished the argument IN their behalf which Ii
to be submitted to-day.
Decisions.
BY Judge Lawrence.
Reading vs.. Reading, Allen vs.. savage, Eleventh
Ward bank VS.. Taylor, Hazard vs. Anderson, in
the matyer &c, COwan; Offender vs.. Nelson. MUIR
ray Vs. Wood, MARITIME Va. Lowenstein, Van Schaick
vs. neutrality-suspicious..
Mayer VS.. Mayer.--Reierence ordered.
Shaw w. Hayes-Granted.
By Judge Barrett.
Aitken vs. OBSERVATION-DISCLOSURES.