New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-12-13
BROOKLYN NEWS.
BACK PAY FOR TEACHERS.
NO APPEAL TO BE TAKEN FROM THE
ORDER OF JUSTICE GAYNOR.
CITY OFFICIALS ALL ACQUIEsCE IN THE
DECISION WHICH ESTABLISHES THE
HARRIGAN SCHEDULE.

HARRIGAN SCHEDULE.
Brooklyn school teachers were happy last night
when they learned that Justice William j. Gaynor,
in the Supreme Court. had decided In their favor
the suit for writ of mandamus to compel Henry
r. VI. Cook auditor OF the Board OF Education, to
audit the payrols OF the teachers OF Public School
No o for the month OF October. The application
for the writ was made Monday and Justice
Gaynor handed down his decision yesterday morn
ing. The briefs submitted TO him had been voumi-
nous and II the opinion yesterday that Justice
Gaynor must rave sat up most Of the night In
ORDER to have prepared his decision so quickly.
Justice Gaynor has always been known as man
who believed in expedting ;egal matters as much
as possible, but yesterday he broke his record.
The case was OF course only test and was
based the payroll OF one school for one month.
But the payroll in question made out under the
Harrigan schedule. and II it must be paid. so must
all the other payrolls OF the borough which were
similarly made out. Thus the validity OF the Har
rigan schedule and the right of the School Board
to make such a schedule fixed Justice Gaynors
decision does not affect the further contention OF
the school teachers lawyers that the moneys in
the general school fund amounting to about NOco,-
co be used for other purpose.
As Corporation Counsel Whalen Is not TO appeal
the case, and Controller Coer is also satisfied. the
school teachers will soon receive the balance on
their back salaries.
CONTROLLER GOLFERS STATEMENT
neal" said Controller Coler when informed OF the
decision Il shall be obliged to pay the salaries
directed by the court The money withheld
on the advice of the Corporation Counsel. who held
that the new salary schedule fixed by the Board OF
Education was Illegal. Unless followed the advice
OF the CORPORATION Counsel l would leave myself
liable for any money that might be Illegally paid
out wish this trouble over the teachers salaries
was settled II has caused great deal OF trouble
for this Office"
Later Mr. Coler issued this statement:
Justice Gaynors decision as understand It, is Is
given to section 2 Of the Ahearn law i holds that
60aTds for 1893 for paying the
Increased salaries of teachers, raised by operation
proyided for by the Issue Of revenue bonds leaving
The SURPRISES in the original APPROPRIATIONS 10 "'
am very glad for the sake OF all concerned that
q decision on this point has been o9tsine S 90 90
r-omptlv and I m especially glad. for the sane oI
he teachers that the decision Is what II Is FER
sona am entITey Tn fa G an appeal and as
I understand that the Corporation Coui .r 's no
feels me Sb me W tscSrs salary trouble he
Immediately cleared up in TIE porous"S u
haitian. The Bronx and Brooklyn.
THE MAYOR WRITES LETTER
Mavor Van WICK sent a letter 10 Acting Cor
poration Counsel Connolly advising him to accept
Justice Gaynors decision as anal He says;
Dear Sir: have received and read copy .; Of the the
% Pabc schools of 5as q In 3ha Bordash Of
I request that YOU accept a final interpre tauoil
Of law the decision OF Justice Gaynor, tldl an sai
arv schedule must be fixed within the I'M taIIots
Of approprlations made by the Board or hstI nats
and ApDortionmant as apportioned BY the bodIu
OF Education, and that revenue bonds must pe
issued for the additional amounts required 10 IlrI
the mandatory requirements or the AnedIn. Jaw,
leaving undisturbed the budget for lssS mace ny
the Board Of Estimate and Apportonment prior 70
the passage Of the Ahearn act as aRportoned by
the Board Of Education. Respectfully yours
ROBERT A VAN WfCk, Mayor
The decision applies only n Manhattan Brooklyn
and The Bronx and has no application To the
school trouble IN Richmond and Queens. where the
entire appropriation has been exceeded.
Ira Leo Bamberger. the attorney for the teach
ers said that the Corporation Counsel and himself
agreed that the case should not be taken to the
Appellate Court. although agreement had been
made that appeal would be taken in wha tever
way the case should be decided by Justice GaynOr.
The question Of the free school fund appropriate
ed By the State. amounting 10 Nl660DQ. will be
passed upon by the courts In a separate action, %
he instituted next month" said Mr.. Bamberger.
The effect Of the decision viii be that the SlS303
surplus which divided among the Brooklyn
teachers In the Harrigan schedule, Will be paid
we'll $3.50 100 the amount necessary 10 carry into
effect the minimum requirements or the Ahearn
law. Every teacher IN Brooklyn Will receive the
from April 25 last. as well as the balances under
the Harrigan schedule for September and October
and the full salaries for November and December.
which have not yet been paid.
President Robertson Of the School Board in
speakinesof the case said last night: c--,....
Of the School Board They their initial fight
a year ago and now they have won again