New-York tribune., 1919-03-28
After Inviting Commissioner
of Accounts to Go Ahead.
Committee Is Named to
Decide Need of Action
Ettinger Calls the Regents
City Superintendent Says
They Alone Have Legal
Authority to Investigate

The controversy over Mayor Hylan's
insistence on his right to investigate
the public school system has become
more complicated.
Despite the Board of Education's In
vltation to the Mayor to 20 ahead with
his inquiry, the members are now
doubtful as to the necessity for such
probe. AS a result, the board yes
terday instructed it's president, Arthur
S. Somers, to appoint a committee of
three to inquire into the need for an
investigation.
This action was taken at a special
and unannounced meeting, following
the regular meeting or Wednesday, to
which DR.. William L. Ettinger, super
ntendent of schools, was not invited
The committee includes Aiming s.
Prall, George j. Ryan and Mrs. Emma
L. Murray.
In the meantime, DR.. Ettinger, who
has persistently opposed an examina-
tion by city officials on the ground of
lack Of jurisdiction, has requested the
regents of the University of the State
of New York to investigate. DR.. Eft
finger contends that this is the only
body legally entitled to aid, and that
he took this action to show that there
was nothing to fear from fair and
proper examination.
Regents Asked to Wait
The Board Of Education. however
at its special meeting, voted to ask
the regents to withhold action until
it had received report from the
committee just appointed
Another development was in the
case Of Auditor Henry R. M. Cook, OF
the Board of Education, who was to
have appeared in court yesterday ia
answer for alleged contempt in re-,
fusing to obey a subpoena Of Com
missioner of Accounts Hirshfield. John
II. Lehman, assistant corporation coun-
sci, representing Commissioner of Ac-
counts Hirshfield in the Supreme
Court. entered into stipulation with
counsel for Cook that the examina-
tion of the accounts of the board be
postponed to a date not earlier than
April 10. Commissioner Hirshfeld ex-
pressed disappointment when he
learned about the stipulation. The
court Will hear the case April 80.
Commissioner Hirshfield had applied
w lIc NOuiI IOI All CTQeT competing
Mr.. Cook to produce certain documents
and records and appear as witness at
the investigation of the school depart
ment's books which the commissioner
claimed as his legal right. The audi
tor, on instructions from DR.. Ettinger,
refused to produce the records.
Invitation Is Nullified
The stipulation virtually nullifies
the invitation of the board to permit
the Commissioner of Accounts to pro-
ceed with the inquiry.
In statement to the board, DR.
Ettinger set forth that his reason for
inviting the regents of the University
of the State of New York to make an
inquiry was that according to the state
constitution they have supreme con-
troll over all educational matters.
II have requested them," he said
-"to appoint q committee of competent
persons, familiar and conversant with
proper methods of educational admin
istration, with full power to investi-
gate the affairs of this school system
the operation Of the state law and
the matter of its applicability to the
school district Of New York"
He was mainly prompted. however
he said, by his desire to keep the ed
vocational system free from the taint
Of city politics and to prove the de-
partments right to autonomy.