New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-09-23
POWERS OF THE ALDERMEN.
THEIR RIGHT TO REDUCE a BOARD OF
ESTIMATE APPROPRIATIONS
QUESTIONED.
THE WORK OF THE CIVIL SERVICE COMMISSION
WOULD RE CRIPPLED II THAT ALLOW
ANcE IS CUT DOWN


WOULD RE CRIPPLED If THAT ALLOW
ANCE Is CUT DOWN.
The temporary injunction obtained on Moh"a'
from Justice Clement. OF the supreme Court re-
straininc the Board Of Aldermen from reducing the
.ppropration Of the Board OF Estimate Tor the pur
rcses of the Civil Service Commission Tor the year
1897 was made returnabe on Thursday, but COR
poration Counsel Burr said he would be reauE 10
argue the matter before that time. ana Justice
Clement changed his order so as 10 make the mo
ton returnabe yesterday. 1t was heard before
,us,,ca Dckey The action Is brought by Alex
onder + Orr the president of tire Civil Service
Commission: Truman J. Backus. Edward d. 'oi
dan William c. Low and J. warren greene "a"
sue as taxpayers. although all are members Oh 'ne
Commission except Mr.. Low ana MI "ie'"'' "
they are ex-memters.
The Injunction was obtained on behalf of the
paintirs by Henry Yonge. who appeared to argue
the motion. Mr. Yonge stated that the Hoaru Oh
Estimate had allowed $1,000 for the expenses OF the
Commission for the year 1897. after cutting down
the appropriation asked for from 5000" inns es'-
mate with others was referred to comm'''ee Oh
the Board OF Aldermen. who had decided TO cut
Il further 5000 He declared that the proposVu
action Of the Aldermen in reducing the allowance
10 the Commission was Collusive. corrupt ana uohe
for the purpose Of defeating the law as stated IN
the Constitution and the statutes. II was provided
there that competitive examinations should be the
be sis Of appointments 20 civil positions. ana tha'
II not more than 5000 appropriated Tor the
Commission II would he absolutely impossible for
Il TO carry It's work The charter of the CITY
gave the Board of Aldermen power in their as
cre;ion TO reduce the allowances made by the
Board OF Estimate 10 the various city departments
II those allowances were too large or made through
error But they directed TO exercise their dis
erection in such 81 manner that the law OF the State
might be enforced II must be exercised in good
faith and in accordance with the law. Mr. Yong
declared that reduce the allowance OF the BoaIG
and that il would absolutely prevent the carrying
out OF the provisions of the Constitution 20 ana ,ne
The Board Of Estimate allowed that amount ana
facts would simply have to be presented to court
% snow that the proceeding OF the Aldermen had
Tho case was Identical with the Civil Service Com
mission. 1t was absolutely impossible for them 70
the only one I'm the city which did not employ
underpaid. The members OF the Commission them
selves. who do receive cent Of compensation
from the City. had been compelled 10 attend the
cxomna tons. act as examiners and then take the
papers home and correct them. 1t was not right
he only way in which the eligible lists which the
law required could be prepared. II that was neces,
the Commission amounted TO about $1,000 year,
Il would be absolutely impossible for anything to be
done If there WAS but 500 t. do II with. The law
provided that the Commission should certify all pay
rolls Of city employees. and that most Of the APP
pared by them. If the Commiss ION had no money.
NJ; certified. Then no e1npioye could get any money
and new appointments could he legally made
Mr.. YOnge said that if the Board of Aldermen had
the power to Improperly cut down the appro-
plaiion for the Civil Service Commissioners. they
might also cut down the appropriation for the Board
OF Health for the Fire Depariment-Inght abso-
lutey cripple the machinery of the city in fact
Such condition Of things preposterous.
Your contention Is, then. that the Board OF AL
dermen have not exercise honest discretion in
the natter said Justice Dickey.
That is it, exactly" said Mr.. YOnge
We'll do you ask the court 10 fix the amount OF
the appropriations?
Il ask the court 10 prevent the Aldermen from
cucing the appropriation Of the Board of Estimate.
which show by affdavits to be absolutely neces
sary for the conduct Of the business of the Commits
sion concede that If there is any discretion in the
Board of Aldermen TO reduce this arbitrarily
the court has no power 10 intervene. but by a
honable reading OF the charter do not think the
BoaSi has any such power II IL has 1t can prac-
Lcally nullify the Constitution and the law Of the
State"
The applics ton was opposed by Corpora tlon Coun-
sci Burr, who argued for some time that the court
had no jurisdiction TO interfere with the action Of
the Aldermen. Mr. Burr cOntended that the %
the Aldermen in reducing the appropriation TO the
civil Service Commission legisla i've and there
fore not subject TO review. II might be grossly
wrong II might be done in bad faith. but the court
had nothing TO 10 with il. Mr. Burr ci.ed number
OF authorities 10 support his contention. Decision
WIS reserved.