New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-08-15
PALMER HOLDS HIS PLACE.
BOARD OF Quotations TAMMANY MEM
BrRs CANNOT GUST THE SECRETARY
JUSTICE SLOWER CONTINUES THE 1NJUNcTIo,
RESTRAINING THEM, HOLDING THAT
CHARGES MUST BE surA1NED.

JJSTICE sTOVER CONTINUES THE INJUNCTION
RESTRAINING THEM HOLDING THAT
CHARGES MUST BE sUTAINED
According 10 a decision handed down by Justice
Martin l. Slower, in the Supreme Court yester-
dav morning. A. Emerson Palmer. the secretary
os the Board Of Education. wins his case against
the Tanmsuy members OF the Board who have
been trying 10 force his resignation. Justice
stover continued. pendente lite. the Injunction
which restraints the members of the Board from
removing Mr. Palmer. lie said that the meaning OF
,he aW was plain. and that the secretary could
not he removed unless charges. which had been
regularly preferred. should be sustained by
three-fourths vote OF the members. This njunc-
ion was granted temporarily some time ago when
the men in the Board who are opposed to Mr.
Palmer had got ready TO act
After recitnG the provisions OF the charter. which
pertain 10 the appointment OF the secretary Of the
Board OF Education and his retention. and
tinuing with the duties OF the Office Justice Slower
says. in HIS decision:
on February q. 1898, the plaintiff was appointed
Of @ Of Ma 0 he Wa O int p
manent secretary OF the Board. and entered upon
the duties OF his Office. and has since continued
the complaint alleges that the defendants have
ty a vote Of majority Of the. members Of the
given that the president OF the Board has notified
removal by the Board. This action IS brought
thereupon 10 restrain the contemplated action ny
the Board.
The defendants in the suit contend that the
Board has the right to fix the term OF the secre-
tsry of the Board and that when no other term Is
fixed by law or by the resolution OF the Board me
Incumbent holds his place at the pleasure Of the
BOARD and may be removed at any time by ma
1ority vote Justice Slower quotes the rules ana
regulations OF the Board which were in force when
Mr. Palmer was appointed They say that with
the exception OF the president. all officers OF the
Board shall continue 10 hold office during me
pleasure OF the Board. except such of them whose
terms are fixed by resolutions Of the Board OF
by statute. Justice Slower then goes on 10 say;
T. is contended on behalf OF the defendants that
the provision OF Section 1853 OF the new cn@II S
road but APPLIES only to such officials whose term
Of Office has been fixed either by statu's 81 - IA
cIita1e removal upon charges before the expiration
Of the o te Snk tSs poso9 fenabe It may be thst
the Board OF Education could eCcoInpLSin e yroiT4
-d reniove at viii its own secretary. but these
S.E ,seIsye3s are parts Of the legislative discre-
ton and not OF the judicial The statute II seen.
10 me plain. and unless it Is to be he1e ynf tbqt
the secretary Of the Board was TO be removed oy
upon charges 20 be pgeierreo ana coG,ention also
49, The rlsfni~ VS. holding only al the pleasuIe
OF The Board IL seems TO me Is no 40 he mat
statute gives the power 70 apI-.' - {or -hiSh
30 monument may hold. and MS acceptance %
The ONCE Tor that term would ne suEn a. ne
esfop him from questioning the power OF Ime
board; but that Is rot the SITUATION thA' We ""''
The situation hero Is the ATTEMPTED rene ss 1s
=, Incumbent who was appointed uhoer d so
whose provisions plainly provide th5' ne naf
renoyed only apon Charg preferred asdIstt mn -,
II T. is in the power Of The Board Of ElHcaIon -
ap6oint a secretary at the pleasure OF me zoo re-
- - NAV appoint all officers OF the boaI "a az.
isz,7re aud nav entirely defeat the PROVISIONS o.
The act and Of the laws that govern mem 20 an cer
stead Of making officer who nay De 10 ~ ~ his
+aiD deg-ee independent in The dScna IEe "a -
duties one IS made who must be cnnr e To- re-
SosIton This would not 10 De ntei.GeU AZ
HE statute. II must be- presun!eG, - no statute
exlstng and knowing that the planin W W. NO
,cir+sf could be removed only uhQeI ~ -
P,stors' % that statute II follows that ue pl".
rose9 action Of the defendants Is iHesai, ne Ire
- f-iunction should he continued pehueH'e nv