New-York tribune., 1919-07-29
School Row
Will Go to
Legislature
Continued from page l

Continued from page
way or another, four different solutions
will be laid before the lawmakers;
CD To turn the whole educational
system of the city over to the state,
centring on it responsibility for
taxes, bonds, expenditures and all.
This might mean that the state would
have to pay rent to the city for the
school equipment, which the city owns.
This plan may have the support of
the city administration.
(2) To transfer to the Board Of
Education full power. establishing a
separate school tax for which the
board would be responsible, and
granting it power to issue bonds for
school construction. This will have
the support of part OF the school
executives and part of the Board Of
Education.
CD To put the authority over the
schools squarely in the hands Of the
city government. This will have
small support, although some poll
ticians still favor It,
(4) To establish separate Boards
of Education for each of the five
boroughs, giving each the powers
outlined under 3D.
Issues
Meanwhile, out of the confusion
three distinct issues have been joined,
from which it may be determined
which of the two factions is ahead
under the present law
The first of these issues that have
been drawn is over the right of the
Controller to transfer the money
turned over by the state to the city
for teachers salaries, about S2,3OO,-
600 a year, to the fund for the re-
duction of taxation. This was done in
1918. The previous year the Corpora
tion Counsel had held that it could
not be done, and the School Board
had based its budget on the 40 mills
levy, plus this sum. Under Hylan the
new Corporation Counsel reversed this
ruling, basing his decision on a sec
tion of the city charter which is ap-
parently in conflict with the state law
Controller Craig turned the money
into the tax fund, and the State Deputy
Commissioner of Education ordered a
hearing to determine whether the law
lad been violated. A writ of prohibl-
ton from the city stopped the hear
ing.
This case has now passed through
the Appellate Division, which held
that the hearing was lawful, and gave
an obiter dictum constituting the
statute at issue, in which it held that
the disputed section of the charter
had been repealed by the state law
The school executives assert that if
this is upheld the Controller will have
100000 at issue. They also declare
the Withholding of this money caused
a deficit of some $1,800,000 in 1918, as
the budget had been drawn in expecta-
ton of having it. Controller Craig, on
the other hand, declares the issue is
merely one of bookkeeping; that the
city in practice always gives the
schools more money than the state
fund would amount to, and that the
schools will not get a cent more or
vr,1> Io1 ,c.o
The Closed Books
The second case has to do with the
attempt Of Commissioner of Accounts
Hirshfcid to make an investigation
Of the books of the school auditor, un-
der instructions from Mayor Hylan.
This was resisted by Auditor Cook,
under instructions from Superinten-
dent Ettinger, on the ground that the
city authorities were assuming an un-
lawful authority. Later an invitation
to Hirschfield to make his investiga-
tion by permission of the school board
was refused by the Commissioner on
the ground that he had legal right
10 40 tHc WORK. 1nlS case also mas
been passed on by the Appellate
Division, which denied that Hirshfeld
had the right he claimed
In this case, the school executives
believe, is involved the whole question
of the power of the city authorities
and they declare that final decision
favorable to them will establish their
right to independence. The city au-
thorities deny that the issue is any
thing like so broad. The only ques-
tion involved, they say, is the right
of this particular officer, and the power
of the Board Of Estimate and Control
Ter is not affected. Moreover, they
contend that even if all their powers
were denied, they would still be able
to make the examination they desire
under the law which gives the taxpay-
ers the right to examine any public &C
counts.
The Mayors Reasons
The Mayors reasons for ordering