New-York tribune., 1900-05-08
OPINION ON DAVIS LAW.
EXJUDGE DILLON ADVISES CONTROLLER
COLER.

MONEY MUST BE PAID TO EDUCATION
BoARD-NEw OFFICES TO RE CRE
ATED IN THE DEPART1IENT-CoLER
CRITICIsEs AUDITOR COOK.
Controller Coier and members - he Beard o.
Education worked together yesterday. trying u
overcome the difficulties placed hv -le r.ev DAVIS
law IN the way of paving teachers' salaries Ths
only way OUT e the muddle. ~ vas AGREED. -vas
the establishment Of new audi-fr. bylreau and
the appointment of a treasurer r-f several audi
tors by the Board of Education and 20 nave the
treasurer make demand uDcn ere Controller s0r
the money with which ~ pay tho teachers
Yesterday morning the Controller received
letter addressed 70 him by Messrz Erien. KIT
tel Davis. Stern and O'K4efa- of IRE Board q
Education. calling his atrenr on n Section 069
OF the city charter declared 70 be un-epealed By
the Davis law, making the approval OF the Con-
troter necessary for the payment n charges
upon either the special or general fund" The
letter continued:
,be In Boys yifT Of Of % 55i %qRGspsaed 2-2a aow saa
approve bills without drst agdi-inr ther7
Inder the Interpolation OF the present law +
would seem necessary for YOU 70 recall The return
0 Us bolrd ot LGucaJlon and honor 10 as soon as
possible so that the teachers 0f the city re-
Commissioner Stern carried the letter 10 the
Controller and talked with him al bout II. He
wanted the Controller 70 audit all the payrons
and vouchers which were in his possession at
the TIME the Davis law went into effect the
Board Of Education 10 make formal reGuisition
upon him later for the amounts 70 be paid Mr.
Coier said he would take the advice OF ex-JUdge
John F. Dillon the subject but he did not
think the law allowed him 70 audit any OF the
lie
The Controller spent an hour or so with Mr..
Dillon in the forenoon. and later he received
from the latter an opinion. based on the follow
ing paragraph in the Davis law;
The Board Of Education shall have power 70 take
ana 70 receive. and sha take and receive all
appropriated or available for educational purposes
paid over to said Board by the Controller On the
request of said Board. from time 10 time in such
sums as shalI re required and the auditor OF said
bo4Iq shaI transmit 70 the Department OF Finance
all sums OF money made on account OF the Depart
ment OF Education eacl month
EX-JUDGE DILLON's OPINION.
Ex-Judge DIlon's opinion proceeded in the
main as follows:
The amendment above referred to deals specific
ally with lne question 70 whom you snail pay the
educational moneys and the conditions such pay
the Legislature on the subject II viii % noticed
purposes in the CIV Of Hvvr i ~ -lea ~ iona. !.
ir a1acrs "sbaT ne - |- & -5, Nll-- moneys,
caJlon) by the Controller on tne request 81 ssif
required This direction creates 1 s 6a s5a5 voSS 9
part which must oe Observed ana 5e1eTmines ths
question which YOU ask, since the statute rnuera-
lively says that the moneys shall be paid By YOU
over TO the Board" and. If you paw me money
over 70 the Board OF Education lis request. you
f5nGt i pay II over to the indyisl eredit9rs nav
board 70 ma such request upon YOU from tirns
Guiraz which ~ co7rva -~--- - - =. -
aaPpFopra az 5e or ayaia5!e t9r the purposes specified
It win be observed also that the latter part Of
me me @ ABOVE quoted smendrnent made hy the Davis
% CoLlLrIiplieS thaJ ne Board when II receives
tne money specified. shall out of the same nav
month. for said amendment expressly provides thar
t, Ine au1i5or OF said 6oard OF Edurarionl shall
say. 70 the Controller each month duplicate vouch-
account OF the peparrn1enr rS F.5-Ics-ior ssc5
month. This clearly contenpiat=s that the Board
sIaII MAKE paynent or sch claims and take dlpii-
vision devolves upon the Board the duty OF max
cation for it VIII be observed the vouchers r.
CURED are vouchers Of payments made, and not OF
The view. above expressed in 10 way conflicts with
York Charter THAT section however 50az NOT in
vest the Controller with the power or right or i'm
claims against the fund ard paving the same as
ne would pa other claims against the city.
President Little OF the Board OF Education.
accompanied by Messrs- O'Brien. stern and
Robertson. Of the Board went 10 talk with the
noon. but the Mayor told them 10 go and talk
10 Controller Coler. They went 70 Mr.. Coler's
Office and had long talk with him II was de-
cided 20 establish a auditing bureau and
appoint treasurer for the Board OF Education
at the earliest possible moment The Controller
and the four members Of the Board OF Educa-
ton went TO see the members Of the state Board
OF Civil Service Commissioners. II was under
stood after a talk. that the Board would take
some action to-day 10 make IL possible for the
Municipal Civil Service Board TO designate the
places OF treasurer and additional auditors for
the Board OF Education.
After leaving the meeting OF the State Board
Nessrs. Little and Robertson called upou Lee
Phillips. secretary Of the Municipal civil Ser
vice Board, for the purpose OF arranging soma
plan for the distribution OF the money which
the Board Of Education viii have to handle. No
plan was decided upon. but Mr Phillips said
that this morning at II O'Clock Messrs Little
and Robertson would have a conference with
the local Board. and that II a plan was decided
upon it would then be reported 10 the State
Bcare.
SAYS COOK IS INCOMPETENT
Mr.. CoIer said late in the afternoon that he
hoped the Board OF Education might be able 70
appoint treasurer and auditors in a few
days and have the payrOIls OF the teachers au-
dited properly before the middle OF the month
Then there can be a legal demand upon the Con-
troller for the money 20 pay the salaries. The
Controller declared that Henry r. NJ Cook, the
auditor OF the Board OF Education. ought 20 he
removed
The man is incompetent the Controller said
and the errors appearing IN the payroIls he has
sent 70 this Office show that he IS incompetent
Late in the afternoon The Controller gave out
F,r1- tain hat