New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-01-09
MORE EMPLOYEES "HELD UP"
JUSTICE KEOGH's CIVIL SERVICE DE-
cIsIoN HITS THE SCHOOLS

n CITY TREASURER TAYLOR PAYS SALARIES OF
TEACHERS APPOINTED SINCE JANUARY /.
1895, HE WILL. DO so on HIS OWN RE
spoxs1B1r.rrY SAYS MR.. BURR
THE CORPORATION couN-
Sells LITTER.
cor,oro,,on Counsel Burr yesterday gave an
.r,r,or an the hearing which Justice keogns
~.,,,, Service decision has the payment OF sal
.-.os ,o school teachers City Treasurer ray
,or who e ex-officio treasurer Of the Board OF
rd,co,ion requested the Corporation Counsei
.. inform, him whether or not he should pay
81. teachers their salaries for January In rep''
Mr. Rurr advises the treasurer that ne cah"''
with safety to himself and his bondsmen' pay
.e,ar,es IN any teachers appointed since jan
uary 1, 1897. ,,,. am
rh,s adds several hundred more public en-
Moves to the list already held up. Inc MS
thing that occurred TO most people OH heai"e
90 Mr. Rurr's opinion was that the NUMBER al
fected would be small This was an error Inc
great jncrease in the number OF ne" so"'o'''
additions to old schools and new ciassi o''
IN the last two years has required the employ
,,.r, ~ large number Of teachers. In addi-
ton there has been the usual NUMBER OF resis
nations from teachers in the old schools 1oi-
Secretary Brown of the Board OF Eoocauo"
Informed a Tribune reporter yesterday after
,oor that IN 1898 the excess Of teachers over
1904 was 900 But he explained that THIS ala
NOT bv any means cover the whole NUMBER ap-
nointed. but only gave basis on when 10 he-
ure: for II takes account or the resiehatioIS
deaths and vacancies from other causes Inc
figures for 1896 have not yet been secured Out
the average will he about the same III IL were
exac,lv the same AIS teachers would he AZ
fec,ed: but the probability is that the numoer
really affected will he more than oOo
There will be more sympathy with the victims
OF this new hold up than with many OF 'he
others The victims are mostly young girls. VINO
have been studying and training themselves lor
wears to qualify for the small salaries they are
row receiving The teachers appointed since
January |. 1895. are practically all primary
scboo, teachers and graduates of the Training
School for Teachers Their salaries are small
and most of hem will be in real distress as
result Of its being withheld The salary TOT 'ne
first wear in the third. fourth. NTH ana siA'n
urinary grades is only $500 which in the secohu
wear of service is advanced to Sf'" lherei''e
these teachers. who have professional eou'"-
ton passed through two institutions OF leai"-
ing and undergone severe examinations. VIII "o"
nnd themselves deprived of the nsignihcan'
salary paid at the rate of S4e~ for those ap
noin,ed in 1896. and $3.50 for those appointed in
1895. with no prospect of receiving !. III ca'e ,
annelIate courts uphold Justice keogh, ana
with the certainty of having their posi'iohs ue
clared vacant if mis- decision is ainrIneo, ,v
CORPORATION Counsel Burr. when seen os a
rrihune reporter in the afternoon. seemed oe
<nressed by the distress that was ABOUT 10 De III.
hicted, and said that he personally was ii m'
against the idea of subjecting teachers 10 49,, 49,
Service rules at all. but that he had no CHOICE
In he
1T Is a sad state of affairs he said and
regret the necessities of the case as much as any
~ in the citv Nv hope is that the matter VIII
he taken to the appellate courts WITHOUT uh
necessary delay. and to that end nave pent an
my energies had the case on app appea I'll in nv
power to put end to the present unfortunate
condition Of things T.,
The reporter informed Mr.. Burr that in an IN
teryiew published some weeks ago President
Swanstrom. of the Board of Education, na6 salu
that the Board was not affected by the heoem
decision because il State and not a city
department. xo.,ad..
Il do not believe he was correctly reported:
said Mr.. Burr. The Board of Education Is not
a state body. 1t performs State work put tne
Department Of Public Instruction is denned IN
the charter Of Brooklyn. and receives support
from the city. Its salaries paid on warrants
drawn by the City Treasurer. who is ex-omclo
its treasurer. 1t certainly comes under Justce
Keogh's decision.
follows:
Treasurer of the Board OF Education.
Sir: Your communication of the lth inst mas
been received. in which YOU ask whether. in view
Of the recent decision Of Justice Keogh. you are are
authorized to pay warrants for salaries i4r m, me
month of January 10 the teachers employed ny the
Board Of Education Of the city Of BROOKLYN s.
Under the statute of 1889, amended in 1884. per-
sons employed in who seek TO enter the pup.ic
service under the educational departments OF any
city were not subject TO Civil Service regulations
I do not think that the validity of appointments
made before January !. 1926. WITHOUT CIVIL service
examinations can be questioned since January l.
IL Justice Keoghs decision is correct every eXeinl-
ton specified in the statute Is abolished pro.
vided that the courts determine as question OF
competittve examination. Ny opinion is that
teachers ought not to be appointed IN such man-
ner I cannot assure you that the decisions OF the
courts will coincide with my opinion. In view OF
the doctrine established by Justice keoGhs dec'-
sion and in view Of the claims made by some VINO
advocate that doctrine. that the employees OF the
educational department appointed since January
1885 are not exempt from Civil Service regulations,
II YOU pay salaries to such employees before the
question is judiciay settled you may be held per.
sonally liable for such payments The statute OF
1884 makes every officer OF city whose duty IL Is
sign countersign warrants on me treasurer
ment Of salary 10 any person improperly appointed
under the Civil Service law personally liable for
such payments In an action brought by any tax-
payer This statute. being penal one. VIII doubt
less he strictly construed. and II may be that the
form OF salary warrants used TO pay teachers
will not bring such payments within Its terms ,h.
statute. II the payments may be ad)udged I'm,
proper ones a personal liability would arise. and
YOU must determine whether in justice to yourself
and your bondsmen. you shall assume the respon-
sbility. .
feel unwilling TO assume the responsibility OF max.
ing these payments. fully realize the distress and
suffering that will result. cannot see my way
clear. however. to advise you differently in the
INA '''' JOSEPH A. BURR Corporation Counsel.
Brooklyn. Jan 8. 1897