New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-01-06
EXJUDGE ALLISON'S BILL.
TIE BOARD OF EDUCATION TO BE ALLOWED
TO PRESENT IT'S VIEWS on THE
SUBJECT IN COURT.

Assistant Corporation Counsel Charles Brndy
Charles T.. Miller. who is counsel for ex-Judgc
Thomas Allison. and Charles Buckley Hubbell. pres
idoni OF tho Board OF Education; had "A long argu-
ment in tho Supreme Cour; yesterday before Justice
Daily 10 whether the Board OF Education has any
right TO be heard in court. except through the
Corporation Counsel. Tho dispute over Mr.
A!Nsons application for a pcremstory writ OF man.
damus compel the Board OF Elucaton to pay
him 1890 for professional services special
sci to the Board In the requirement by the city Of
school sites between One-hundred-and-eleventh and
One-hundred- and-twelfth sta. and One-hundred-and
third and One-hundred-a nd fourth SITS. After hear
Ing the arguments Justice Daily adjourned the case
until Friday 20 permit Commissioner Anderson
to present the Boards reason why the bill should
not be paid
President Hubbell when the case was called
asked for adjournment. Commissioner Ander
son H. Mr.. Miller opposed any adjournment
for the purpose OF allowing Mr.. Anderson 10 appear
on the ground that he represented nobody. THE
Board OF Education" ead Mr.. Miller. cannot
thorze any person to represent IL except the Cor
poration Counsel"
But Commissioner Anderson Is a member OF the
Board" said Justice Daily
Mr.. Miller said that made no difference The new
CHARTER he said. especially provided that the Board
OF Education or any other city department could
only be represented by the Corporation Counsel.
President Hutbell said the Board Of Education
sired to appear in person to bring before the Court
the reasons why Mr.. Ason's bill should not be
paid
Mr. Blandy explained that when the Board took
steps TO have these school sites acquired by the
CITY III" Corporation Counsel asked 20 APP
point some person 20 conduct the proceedings. and
ne appointed ex-Judge Allison. who performed the
necessary work Mr.. Allison sent In bill for
fair and reasonable. and the usual motion was
made TO the Supreme Court for ;he taxation OF
the t1 justice Truax thought the charges fair.
and as the Board of Educa ion did not oppose
The Board, however, when II was asked TO draw
ls requistion for payment" said Mr. Blandy,
FOR some reason not known thought fit TO 81; in
Judgment on Mr.: Scotts official action and the
judicial acton OF Justice Truax; An acrimonious
discussion ensued between the Corporation Coun-
sells Office and the Board Of Education. and In
the end Judge Allison had apply for man
damus TO get his money. Now the Corporal ton
Counsel staros on his legal position as counsel 10
the Board Of Educa;ion. and as the only person who
can represent that Board. 1t is too late for the
Board Education 10 pry into the
fairness rcasonnbleness OF these charges. and
thcrc Is nothing left for II TO do except to dis
charge It's ministerial duty and pay this bill The
ment."
That NAV be-" interposed Justice DAILY. but
Notwithstanding all this the Board OF Education
has the right 10 be represented here and. although
represent any city department, think that where
the Board objects 10 TIE mandarus II has a right
TO present its objections 70 the Court He ac-
cordngly adjourned the case
President !1ub5c said that the Commissioners
did not dispute the fairness Of Mr.. Allison's
charges b., held that his bill should have been
submitted 10 the Board for approval before the
Corporation Counsel submitted it for taxation.