New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-23

WILLIAM B. RIDENOURS CASE BEFORE
JUDGE GAYNOR

LOTS OF LAW POINTS INVOLVED IN THE EFFORT
OF THE pnIHcIPAr. OF GRAMMAR SCHOOL
40 ~ TO KEEP HIS PLACE
William 3. Ridenour's application for an IN
junction restraining the Board Of Education
from removing him from the head OF PUBIC
School No. 43 without full hearing before inc
Board was argued at length BEFORE Jusu'e
GGynor OF the Supreme Court. yesterday The
hearing evolved some intricate questions OF law
and when counsel had ended their remarks His
Honor directed that all the laws pertaining to
the city OF Brooklyn in It's relation 10 the Board
Of Education and the subect-matter OF the pro-
cecding be handed To him later.
II was expected by 81 ne Of those VINO Sa'hereu
to hear the case that few Of The details OF
the charges which led to the trouble in the
Board over Mr.. RidenOurs management OF mig
school would come ont. But the sa'kers for SEN
sation were disappointed and listened 10 an
argument which was almost unintelligibe to the
10y mind
NJ L. Towns who. with his partner Ny.
McCrossin. represented the plaintiff, opened the
argument When the casr was before Justice
Gaynor las; month he handed down an opinion
in which he asked for further facts ana law
upon some points which counsel had not tonchcd
upon. and which he deemed of vital Importance.
LAW QUESTIONS INVOLVED.
These questions by the Court We're the ones to
which Mr.. Towns turned his attention. Briefly
they were:
First-As the law stands now has the Board OF
Education the right to license teachers ana nave
ntonicnt appointed by the Board to !ssue Licenses
TO teach been repealed by The charter OF lsss.
with the es,aie law and are they not for that rea-
invalid under provisions OF hs ,hs same as
the duties of School Commissioners under the old
Fourth-Are members Of the Board not practically
school commissioners. and II they be So wouid ho'
The provisions OF the act OF 1891 apply
ARGUMENTS BY COUNSEL.
II was the conten,ion Of course. that the act
Of 1894 did apply and that thereby the plaint'h
lad the right to be heard before the full Board
in his own defence upon any charges affecting
his moral character. and that the Board had
no authority to delegate its functions or power
OF hearing ana dispOslng Oh such charges -
any committee.
As t. the application OF the provisions OF
the veteran law, they could be INVOKED ON! III
case Of finding that Ridenour was an EN-
plovc of the city or county. But one OF the
main points to which counsel gave his atteh-
tlon was that the Board was the same as the
DID school Commission. He gued that hhdet
the law OF 1850 which amended the enactment
IF 1872. the Board expressly declared To
be simply School Commission ana mat us
mt time The ciH Of Brooklyn Mr. Towns
said was declared by law to be one school Ils-
irici for the purpose Of taxation only, ana tnat
the Board had the power 10 divide the cry
into smaller districts. just as could the ora
School Commissioners The ,laintlH MI
Towns argued. clearly entitled 10 near
ing before the full Board
Corporation Counsel Mcdonald. on behaIi oi
the Board ~ Education. declared that ther"
was nothing q warrant IN" theory held 10y th'
plaintln that the Board was about 10 remove
him That was ilaty contraicted. rs u tne
claim for protection under the veteran act, ne
could not r.c,iv" benefit from such source as
h.. Vas not appointed 10 any Office In the city "'
county nor was he receiving salary thrTeii 'H
The law provided that teterans duties must
be discharged In city Jr county. ana receive
pay from such a source. II the position held by
. 'h. plalntin was n state one. the veteran law
was no, FOR him Tn re a question as t.
whether the Board a municipal or state
body. -,
/ Iudga Gayror here remarked that when the
poard Sas taken out Of the city government
there was an end T. the dilemma OF the sltua-
/ ton as the special act relating To IN" rrVoca-
4 ton Il licenses applied. II the question re-
NAMED I'm the city authority there was the
/ point as To whether the paintin was an APP
! polntee or employee.
/ There wer. - many laws relating To the va
/ rious questions raised that Judg" Gaynor asked
/ counsel & look them up and hand them up 70
/ the Court later.