The sun., 1899-12-13
VICTORY FOR TEACHERS.
sWEKPING DECISION IN THEIR FAVOR
by JUSTICE GAYyoR.


crenses of Pay irrespective OF Those
Provided For by tho Ahearn Act, and
tho Mayor Calls on Further Litigation.
The teachers salary tangle In Manhattan
and The Bronx and Brooklyn. which bothered
the school authorities and other officials for
several months and held up the full pay OF
nbout six thousand teachers. was cleared up
yesterday by q decision OF Justice Gaynor IN
the Supreme Court In Brooklyn. The decision
Is a sweeping Victory for the teachers. over
ruling as il does. the opinion OF the Corpora
tlon Counsel that the school boards had acted
Illegally in making their salary scheduled
Justice Gaynor upholds the notion OF the
Borough school boards saying that they hnd
the right to fx salary schedules within the
limitations OF the appropriations made for
such purposes by the Board OF Estimnte.
Irrespective Of the amounts necessary to
comply with the provisions OF the
Ahcarn act. for which revenue bonds were
authorized. Justice Gaynor's decision was fol-
lowed by n virtual surrender on the part OF
tho city government az represented by the
Mayor. As soon IA he received a copy OF the
opinion he wrote letter to acting Corporation
Counsel Connoly directing him to proceed no
further Ia the case In the letter tho Mayor
said:
Il request that you accept as n final interpre-
tntion OF tho law. the decision o! Justice GAY
nor that oil salary schedules must bo nxcd
within the limitation OF appropriations made
by the Board of Estimate and Apportionment,
as nprortioned by the Board OF Education. and
that revenue bonds must be issued. as already
portionment for the additional amounts re-
auircd TO meet the mandatory requirements Of
tho Ahparn act, leaving undiaturDed the budget
enrrnnriatlons Tor lS!H made by the Board OF
Tstimato and Apportonment prior to the pas
Ii%nrd of / luratinn =
This letter means that the teachers will get
q, once al, the pay that Is Gom,ng TO them h IN,
In ms opinion Justice Gaynor holds that the
Bf'6oSiyn School Board 5 power to iix by bylaw
the salaries Of tho teachers is unrestratncd.
except that It cannot In any year exceed tho
fmfh%' In thu year %s . l The 'p approximation Tor the
nrooEyn Hoard for salaries was S3.l2b.aas
needed il the salaries of the preceding year
were TO remain unchanged. The opinion says
tins excess was conceded To the school Board TO
enable IL TO make Increases over those salaries.
Before the school Hoard had framed bylaw
intH eIect. the mandatory increases ot,whch
amounted 10 S2DO,4oGl3. Justice Gaynor
says; A.. AL,
unapTiiSi excess or balance Of S3lS3O3 in the
salaries appropriation Tor lS.ht i would as i
the said act OF the Legislature making such in-
trease also provided that the Board OF Estimate
reGuired 10 direct the issue Of revenue bonds
ior the purpose OF providing funds To carry
H. IN. view yv was therefore taken by the BrooEyn
School Board that II was not obliged TO
Eh cana to SH the TnSp' pnSm%my Of eS esa
tive increase. but only so much thereof II any
:. nigh, remain after it hal made such In:
r,Sn ad IT, T6S Ss Broon r. S Board % acco @ q
n mSS" neys @S a amSannr u L,
thus keeping thin their original appropra-
. hSsaf% GF aS sH S' Of A 5Ssg q x%s Gs
created The auditor refused to pass the paw
That the m inc ncreasas s were % VOID S Tor lack OF funds
a. The Ahcarn law compelled the Board to ap-
pythc surplus funds to increases provided for
40 such intention" says Justice Gaynor.
'is expressed in the said act, nor is Il neces;
wNs given the said unapplicd balance TO use
according t? It's Judgment, and discretion in
such Judgment AMI discretion extended to all
The teachers. There were many other teachers
tho,o gr vidcd Tor by The said nc, II we resort
tor'Ns'rur'ou IN Of the sai act 70 spell out the
10 nWaT rom Ss the :a srR3 n1 nf0 for
III" year lsi@ 80 - wHGlssoomG ,s power and dis
Sc N SnS 10 he n fere Iee ndS ,S to ~
anpears from the provision for the sale Of reye-
nue. bonds for 4 the Legislature had such in
s,,ai Of sayire, as II did, that such bonds
Hr'. II woul have authorized n saa Of such
bonds only 10 meet any deficiency In Tho school
funds after the same had been Applied to the
payment o, the increased expenditures made
By the act
Tho Brookivn Board will by this decision
rcrelv" about S%r.OOO from the city which
will be apnliet - IN" payment in full OF tho
teachsr- for september October and Novem-
boz The Manhattan and Bronx teachers will
get n" amounts held back from their October
sn arcs and al IN" money that is due to them
for the other two months Of the year. Comp
tTrl'"r tner said YESTERDAY:
am very glad for the snke ot all concerned.
that decision on this point has been obtained
s'Promr'ly. and am especially glad for the
sake OF the t"achers. that tho decision Il what
It's. Personally, am entirely willing 10 ac-
qG'"sce ~ Judge Gaynor's decision without
t!NiuE M APPEAL, and a. understand thut the
tarIurl'ou Cpun-"IS Office feels the same
way HhuH' IN" matter. there Is no reason why
d" teachers SALARY trouble cannot be imme-
a'ely c'g1r"d up in tn" boroughs OF Man
hl''an and N" Bronx and BROOKLYN"
h" sh'hry muddlo in Queens AMI Richmond
H. uui Affected hY til" decision IA the question
81 Surplus il not involved in those cases. The
corporation Counsel holds that both boroughs
cN'cc'"d their appropriations irrespective OF
Aloatn law increases.
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