New-York tribune., 1899-07-21
PALMER FIGHTS FOR HIS PLACE.
TRYING TO ENJOIN THE BOARD OF EDUCA-
TON FROM REMOVING HIM
AS SECRFTARY

motion to continue the injunction brought by A.
Emerson Palmer, secretary OF the Board OF Educa-
ton OF New-York City. against the Board TO pre-
vent his removal except for cause, was heard yes
terday in the Supreme Court by Justice Stover.
The argument was made by Mr.. Ordway. OF Spen-
GER stickney & Ordway. counsel for Mr.. Palmer.
Mr. Palmer was present and sat by Mr.. Ordway
r. Percy Chttenden appeared for Corporation
Counsel Whalen.
The original injunction obtained about two
weeks ago, Mr. Palmer having heard he was TO De
asked TO resign. President Little had declared ne
wanted man with whom he could hold more con-
hdentia relations.
Mr. Ordway said the injunction based on Sec
ton 1863 of the charter. which provided that the
secretary may be removed for cause on vote or
two-thrds OF the Board. Section 80 OF the laws
OF 1899 says that no removal OF official shall be
Influenced or affected by the political affiliations or
provisions OF the official or empIoye. Mr.. Palmer
alleges that the members OF the Board Of Educa-
ton have threatened TO remove him by majority
vote instead OF three-fourths vote. because he is
a Republican and the others Tammany Demo-
Gratis He further said that President Joseph J.
Little told him on June Il that when Mayor Strong
removed some of the Tammany members OF the
Board they felt that he did not act the part OF
gentleman as he gave them chance to resign
Mr. Little is reported TO have said: i want 10 say
to you as one gentleman to another that there are
going to be some changes here and to give you an
opportunity TO resign II you wish to-say from the
first Of the month.
Mr.. Palmer asked II there were charges against
him and was told there none. He then SAID
he believed he could not be removed without two
thirds vote OF the members. II reply President
Little read a bylaw Of the Board, that the term OF
officials elected to serve during the pleasure OF the
BOARD could be ended by a majority vote adding
that he had legal advice that the bylaw applied 10
the secretaryship.
Mr. Ordway said the principal point he wished
10 understand was whether Mr.. Palmer holds MS
office at the pleasure of the Board.
we say, re does not" said Mr.. Ordway sec
tion Os9 of the charter settles the manner In whlch
he NAV be removed. and the bylaw cannot super
Percv r C'hittenden Assistant Corporation Coun-
col said Mr. Palmer had been secretary III IA
buf NOT legally from the very hrst as the i I'm ~
oice was not fixed by statute, nor oy resoiutIo "
tbe Board He argued from the chartsI @ ,orSv liz
PaIyner's term could be terminated oy a naJoiisS
II PaImer's contention was true, theh no
scrubwoman or any servant could De reinoSeui ~,
oenf nv a two-thirds vote The section quotvTi os
NJ Ordway used the word may ds an " .
iant n nermisson. and not compulsl9h. An az NJ
da,,i, hv President Little was suomltteu g.
court II said Palmer would not oe EHnIS ir bjs
CoI;.fc. reasons but because he had tdlleu IN
fvtv No charges have yet been prePa' s.,,or ~, re-
yoild he easy to prepare them Justlce 800 nm
serLsd decision directing that orisls o. Lrarv q
SMr palmer was elected 10 once reoIu"'S ="
1885 The salary is AvW yea'