The New York herald., 1876-11-30
ANOTHER MANDAMUS.
THE COMPTROLLER AND THE SCHOOL BOARD

THE COMPTROLLER AND THE SCHOOL BOARD
BILLS.
An interesting case is before tho courts in relation
TO the claims Ior labor performed and material FUR
nshed 10 the Board OF Education IN repairing school
houses at the request OF the trustees OF the several
school districts in The years 1862 1870 1871 1872.
The application is made by Louis Bernstein, through
Amos @. Hull counsel Tor the claimants. for man
damus to compel the Comptroller and DANIEL Jackson,
she Auditor OF ACCOUNTS under him. TO audit number
Of claims about mechanics for services rendered
and materials furnished.
In 1871, as represented in the statement 10 Judge
Lawrence. the then Board OF Education having DOUBTS
as TO the construction OF the law to The powers Of
the school trustees bind the Board o Education by
tho contraction OF debts beyond the bylaws Of tho
Board, allowed the bills to 80 unpaid until the question
could be settled BY judicial discrimination. These bills
remained in that condition until the new Board OF
Education came into power in 1874 Al this time it
was arranged between the claimants and the Board
that all the bills should be paid except one and that
should be used TO settle the law and as a future
precedent to govern tho Board, resolutions to
this effect being passed March 26 1878, declaring
that the claims just; that they should be paid,
and that the action then pending aud being prosecuted
by Amos G Hull, prosecuting attorney, be continued
judgment for the purpose OF testing tho question OF
the liability ofthe Board in analogous cases
The action Of the Board not carried out by
Comptroller Green. number OF suits brought
against city upon which judgments obtained,
Mr. Green finally notice that he would carry
every Other to tue Court OF Appeals before he
would pay any more judgments
In January, 1874, Mr.. T. Delaneld Smith. Corpora
ton Counsel addressed the following letter 10 the
Comptroller, advising The payment o. these claims, as
follows, ana referring 10 the claim OF Edward Berran
against the Mayor. &c, OF the city,
sla-The named acon i Que Of about fifty similar
@ o'is n sJ ~ abor ~ s sr e
Board u Eaucaon 1869 1870 involving in the ag-
rn,saans 70 ,oa % have been n,srnosed
OF the appropriation made the support OF schools
Tue nanea were yeserd tried before ito
Hon Justice barrett aud Jury find that IL cannot be
e ns sM Mere 1J paod On IN. aim IN
ihis ,ha. ~ the time the bills Of the painhwere in.
amonat thereof remaasd l, nespendsa r. ahoash such
claims legally ehsreesbe thereto.
hs 1a n ss has ss s eSm sSay % so
proof do not deem expedeI 10 appeal or otherwise
amount which viii 10 all
70 s 70 % s a & n nm, s
Mr. Huh 10 communicated with in relation TO discontinue
OF the actions.
Tho Comptroller refused to bc governed by tho
advice OF the Corporation Counsel lnasmuch
many OF the claims were liable 10 bc barred BY tho
statute OF limitations during this vcxaous delay and
the Board OF Education last being deprived OF all
power the instance Of certain officials. application
that result.
By the third section Of bill passed by the Logisa-
turc ut the instance Is alleged OF parties represent-
ing Mr. Grecn ''the duty OF the SAID Comptroller
Of the city OF New York, from the moneys derived
from the sale OF said bonds to pay the amount OF such
claims he shall to be just after the
been allowed and certified to hun correct and just
by tho Auditor OF Accounts in tho Finance Depart
mcnt and claims snail be paid until alter ccitica
ton thereof to the Finance Department Of the
Board OF Education
In pursuance OF act OF 1876 tho Board OF Educa.
Is.
them to the Finance Department The claimants
again applied to the Finance Department and
Comptroller, ana he not only refused TO audit and
allow The claims, but to hear any testimony respecting
their validity
The Bernstein claim In question is TOR STA 90 and
interest from January l, 1870, and tho claims were
presented to Mr. jackson, Auditor under Comptroller
Green, In due form, alter having been audited and
allowed by the Board OF Education, and Mr. jackson
claims that IN order TO act upon them he must have
personal knowledge OF the correctness OF the Claim,
and he refuses 10 audit then, without such knOw-
edge. Relief is asked OF tho Court to the end
that the Auditor be required TO hear evidence
respect ID the business oil said claim,
that he be directed 10 require further other
evidence required In the highest OF JUS
tice in tho State OF New York. and that upon the
cuson OF such evidence he be required to furnish his
certificate to tho Comptroller.
Tho testimony Of credita6le and dnimpcnchable wit
nesscs has been offered TO the AUDITOR and Mr. Green
has boon addressed upon tho subject and satislac
tion has been obtained
Upon the aiidavits In the cnse Judge Lawrence
granted the order to Mr. jackson TO show cause the
2Sth inst, before of the justices at The SPECIAL
Term, why he should not hear such testimony may
be 10 establish the claim, and why Ee should
not proceed, upon the conclusion Of such testimony
10 certify the to the Comptroller Tor pay
Mr.. Jackson represented at court by one of the
corporation attorneys, and Judge Lawrence reserved
his decision.