New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-15
LOCAL MISCELLANY.

THE CHARGES AGAINST THE CONFROLLhh'
Testimony OF JAMES KEsiAN. J. W. GERARD W. H.
NELSON, AND oTuERs-TIIE ALLEGED IRoob''
OF THE BOARD OF EDUCATION FROM MR. CIVIL MS
ACTION.
The investigation into the charges against
outrol,er Green undertaken by the Law Co'nmittee OF
,ne Roard of Alderuen-Messis. Purroy saandiey ana
plhner--under resolution Of the Board passed fee -
vas resumed on Saturday, in tho City Hail. Inc a'.
vitoess was James Kedian, a memeof OF ING ~" "
Kedian 4 Brother plumbers. who did some WORK ior .0
Coyege OF tho City Of New-York. Thelr o"'' NJ
,xedian said. were audtei by Mr. Davenport Vi
the Board OF Education, and were pau V"D
,erday by Mr. Green. and not before owinR 'no
,er,s obstrcton OF the payment he having reiusou "
nav unless the firm would submit to wha' Mr. houi.,
considered an unreasonable deduction nv h'u'" Wv
how the Controller sent an examiner d" oApo' w
On the college, 10 examine the work. man oy the ho
NJ McCopkey Who the witness REMARKED III ucsorio
ing hsw the examination was maue' uone h"o" VI.
,r0 ca,van,yed iron One of their bills was audited
lime 49, 1874 the other during the following august
tvo wears AGO during all of which time the BOARD Oh
Eaucatop had been ready to pay but were INSTRUCTED
NV Mr. Green who refused on account OF McConKeys
report. which declared the charges excessive
The succeeding witness was James W. Gerard, whom
Kedan employed counsel enforce the collection OF
the claim Mr. Gerard the legal relations OF the
matter describing how came up on MS application ior
an order TO show cause why q mandanus shouio no.
issue against the Controller the Auditor Mr. Earle anu
the President Of the Board OF Education Mr. Neso"
directing them to pay the claim. The amount was con-
serably over s. 600 Mr. Gerard took the GROUND tna'
The moneys had been raised pay the bill that tnosc
moneys belonged exclusively to the Trustees Ok te O
leee and were accidentally under deposit III 'he
Department, and that snch Department hao ho nsn"
control OF power over them. He also instructed MI
Green that the Auditor right TO audit these DIS
,ha sho he on
SGknt OF the College. On the argument before Judge
Davis In the Supreme Court, the Corporation Couusei
opposed but perempory mandamus was Issued direct
ing the payment of the bills. on the ground among
others that the under which the College OF the CITY
Of New-Yok was established, as modified by suDse-
queut act made that College distinct and separate or
ganizauon from the City Government ana corpora,
ton by itself. Tins decision was Appealed from anu
argued last December the order being affirmed on the
ground that the Controller had no power over the
moneys Of the College OF the City OF New YORK, when
had authority 10 draw its own drafts. Tae Court now
ever modified the decision of the Court below, 10y stat
ing that the mandamus against the Controller snouu
nct be continued because lac had no over ttee
moneys whatever IN ms nnaicia capaclty, any .na.
therefore "a mandamus was not proper writ against
original amount of Mr. Kedaus bill $3.50 and the
amour Mt Just paid - and cents. The costs,
sc on jan 81 President Nelson drew bis draft the
Chamberlain. TO Mr.. Kedian's order. Mr. Gerard said
he called Mr. Lane then, who expressed his Wiling
to pay up, but said that the amount apple
able TO the College had not been set apart
by Mr.. Green. that ne could meet these drafts,
He then called Controller Green and asked that
these moneys apart. NJ. Green seemed TO bo
more or busy aud told Mr. Gerard that II was
free country and he Gerard) could do what he chose
II told him" said the witness, 81 should do So MI
Gerard then drew paper recItIng the whole matter
and notice the Controller, directing hun TO
the balances 10 meet the Kedian draft before
Feb MI Gerard could give no reason Tor the refusal
OF the Controller 70 pay and could only explain I h,s
final payment last FRIDAY on the ground that nc was
appreheusve OF public sentiment.
W. III. Nelson President oil the Board OF Education,
next took the stand in confederation Of the previous
witnesses He said the Board OF Trustees OF the College
separate and distinct organic tlOD. only Identical
with Board of Education in far as the members of
iucItlOn eX-OicO trustees OF the col
Otherwise they distinct ana separate or
ecut!ve Committee TO audit bills against the College
The Controller had claimed the right 10 control The
funds of the Trustees or the College after the money
was raised, and to pay the money only
at his Office vouchers which should be presented
there for the claim, whatever II might he.
The Board of Trustees passed resolution and sent it to
the Controller, requesting him 10 place all moneys Tor
of the College To tue credit OF tue Institution
the OF $500 placed hut the balances for the
past he dd not place 10 the credit OF the College
until Friday of last week; In one on two cases MT
Green's policy had. the knowledge OF witness, been
detrimental to Department OF L lucation several
sf the trustees Mr. kedans I'M was excessive
audited Ivy the Executive COMMITTEE duu
sent 20 the CONTROLLERS Office when Mr. Green refused
10 nav ~ on the ground that II an 0veTcharge.
President Nelson added, however that there had cen
itc delay caused by Mr. Green III paying on teachers,
and ne did no. think Mr.. Green's fault.
When Mr. Nelson concluded he gave the name Of
John Davenport of the Board of Education good
witness cal this matter AlOou i. Man another
member OF the Board OF EIueatoI corrOO1racd Pres
uent Nelson.
The iuvosugauon was then adjourned until Wednes-
day a. haipast two y. III,