New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-09-22

THE ALDERMEN ENJOINED.

PRESIDENT ORR OF THE CIVIL SERVICE
COMMISSION SUES AS A TAXPAYER.
THEY ARE RESTRAINED FROM ADOPTING OR AP-
PROVING ANY REPORT or ANY COMMITTEE
OF THE COMMON COUNCIL RECOMMEND
ING A REDUCTION OF THE APPRo-
PRIATION OF $4,000
There Is to be pause in the fight between GER
tain members of the Board OF Aldermen and the
civil Service Commission Until the rights Of the re-
spective bodies fully decided by the courts
Yesterday the president OF the Board Of Civil Ser
VICE Commissioners. Alexander f. orr. suing as
taxpayer. obtained from Justice Clement. In the
Supreme Court. temporary injunction restraining
the Aldermen from confirming. adopting or APPROX
ing any report of any committee Of the Common
Council recommending reduction OF the appro-
priaton OF S5 900 allowed by the Board Of Estimate
for the Civil Service Commission for 1897 and from
neglectng to appropriate reasonable sum to enable
the Commission to carry on lts work. The Common
Council has threatened to cut down the appropra-
ton for the Commission TO 5000 The injunction was
obtained by Henry Yonge and Truman J. Backus
Edward y. Jordan. William G. Low and J. Warren
Greene, all members OF the Commission, are Joined
with Mr.. orr plaintiffs. An order requiring the
Aldermen show why the Injunction should
action. is returnable next Thursday.
II IS alleged IN the complaint that under the stat
ute authorizing the establishment of the Civil Ser
Commission It is empowered to employ a secre-
tary and clerks for the TRANSACTION of its business
In passing on the action Of the Board Of Estimate
II is alleged that the Common Council has power
to increase any appropriation, but may allow de-
ease. IT, in 5 good judgment. the interests Of the
city require It, The Commission asked for $4,000
for 1897. but the Board OF Estimate allowed only
III, ba
threatens cut this down to $500. which the plain
tiTs say will be detrimental to the interests Of the
city and result In a waste OF the public money on
account OF the fact that the Commission will be
unable to perform It's duties. II is alleged that the
Aldermen desire to cripple the Commission and 80
prevent the holding OF the examinations directed by
law and the constitution.
An affidavit Is submitted with the papers. signed
by Arthur 6 Somers Truman J. Backus. Edward b.
Jordan and Ludwig Nissen. in which they say that
the proposed action OF the Aldermen IL Illegal col
lusive. fraudulent and in bad faith. They that
account OF the lack Of funds. the members OF the
Commission have beer compelled 10 attend exanina-
pensation. The department has been economically
N5is0 g. II the Aldermen succeed in carrying out
their purpose, there will be no more competitive eX-
aminations or eligible lists. ,
Edward b. Lent. the secretary OF the commission
dePoses that since he has he'd the Office yario1s
Aldermen have expressed themselves as hGs,e 10
the restrictions by the Commission on appointments
to Office They have threatened 10 cripple the Com
j
nations. MI Lent says that Alderman Leich tod MIN
that II he had his way ne would cut the Commis.,.
Alderman Francis r Williams said that he would get
rid OF the labor list by refusing any app'o t'on
appropriation for The Cvi. Service Compassion was
considered Joseph r. Clark me presldeIt 4t tae
81 IA no, bTon6se 10 vote one cent because
TO enter a general protest against the whole method
OF conducting examinations , = - , t.,
formed by Alderman Charles J. Haubert. the chair
Of the Bulge COMMITTEE that me eV fnvnr os
reducing the appropriation TO- S2op heeore ms
, vi htntey his morning and oppose the motion 10
wake neruanent the injunction restraining the
Board ara Of A ssTen Mr. Brr reached
mis- decision after a conference with the members
close Of the regular meetng OF the B1aTd q, rr
said unequvocaIly that he was not doing AWNING
ifconsIstent with his hitherto unvarying trienhl-
oppose the motion simply because ne believed that
the method chosen for achieving what was liz s th
desirable end was not in accordance with the
P' 70 Tribune reporter after the conference was
In my opinion the plaintiffs havt mistaken their
,axpayer or court 10 dictate to the Board OF EST
maie or the Board Of Aldermen sitting IN revirw
Of tho action OF the Board OF kstm ite the amount
to be appropriated to any department woud De
subyersive Of the provisions Gi the ar head Of
| denarfmenf not satisfied with the amount aPpro-
nristed 70 his department could. through friendly
mrnt Of the court for the judgment Of those 0icers
Who by the charter charged with the duty OF
making such estimate II any lnJtstiC" II uont
The Civil Service Commission think th'E nave
their remedy. but not In this form OF proerrinE
II consider it unnecessary that should say IN VIZ"
n nv official action that the Civil service ornih--
si,n has had no more sincere friend In the CITY gov
eminent than am. but Il is not wise. even 10 ac-
conlplish an end that may seem 70 some deSfa"' 10
sacrifice vital principle , 49,, ,ht,l
"Will you say Mr. Burr what remedy YOU thnH
The Ciyil Ceryice Commission has against me Dis
as,rous cutting OF their appr0priation.
u have not been asked by the tiFl service ON
mission for advice whether they have any rem
edy rep.ed Mr.. Burr 49,.
Vr Bnrr refused - 20 Into this Interesting Phase
NJ the question further. hut the iniimaN0n vas 80
strong that he had discovered method wherein TIE
S,i,r service Commission can save ltself from mo
BOARD Of Aldermen that f. IS far 10 prelict ,haI me
Sorn,nssion will lose time IN requesting Mr. Burr
10 bring an action flr them
The Committee on BUDGET at mee,ing ne,d IN IN. me
IT, no, 70 report he budget 70 the Board IN the
! afternoon.