New-York tribune., 1920-10-16
Court to Rule
On Budget for
City Schools
Citizens Union and Bor-
ough President Curran
Get Show-Cause Order
for Board of Estimate
Must Appear Monday
Want S38,OOO,OOO Added
to Estimates, Raising
Tax Rate 38 Points


On the affidavits Of Walter Frank, a
member of the executive committee of
the Citizens Union, and Borough Pres
ident Henry H. Curran. Justice Vernon
NJ Davis, in the Supreme Court yes
terday, granted an order to show cause
why writ of mandamus should not
be issued against Mayor Hylan and the
other members Of the Board of Esti-
mate. compelling them to. reconsider
the $43,720,s8O allowed the Board of
Education in the 1921 tentative budget
and include the entire $82,000,000 re-
quested by the educational authori-
ties.
The Mayor and his associates are
ordered to appear before Justice Davis
Monday. The applicants for the man.
damus contend that the Budget Com
mttee of the Board of Estimate failed
to consider the educational budget on
it's merits, as the committee did in the
case of the estimated budgets of other
city departm The committee held
down the educational allowance strictly
to the 40 mills tax on the total as
sessed valuation of property, on the
ground that that was all the city could
raise for educational purposes without
exceeding the constitutional tax levy
ing power.
Question of Law Raised.
This action brings into the court the
question of law raised by Borough
President Curran at the meeting of the
Budget Committee last Saturday, that
$4,000, 900 of the dept service, repre-
senting special revenue bonds and tax
notes and the interest thereon (short-
term indebtedness), should not be
amenable to the 2 per cent constitu.
tional tax limit. In ether words, there
still should be leeway of $44,000,000
which the city can raise by taxation
without exceeding the constitutional
Limitation, which would be more than
enough to cover the remaining $685.
100000 requested by the Department of
Education.
Papers in the action were served
upon Mayor Hyland, Comptroller Craig
innate yesterday. Should the legal in
depreciation Of Borough President Cur
ran be upheld by the court the S38O00,-
600 would have to be added to the pres
cnt tentative budget, making it ap-
proXimately 1882 100000 instead of
S 43,0OO,000, as announced. This would
also mean another thirty eight points
added to the estimated tax rate for
1921, of $685.
For this reason 1t is assumed that
the Comptroller and the Currah oppo-
nents in the Board of Estimate will
vigorously oppose any such legal in
to court. When Curran raised the
point of law in committee he charged
that the tentative budget as proposed
was dishonest and misleading and
framed essentially to keep down the
tax rate. 1t was decided, however, at
the meeting of the Board of Estimate
when the tentative budget was adopted
to request the opinion of Corporation
Counsel O'Brien in the matter. Such
an opinion has not yet been rendered.
Curran's Comment
In commenting upon the mandamus
proceedings yesterday Curran said:
at is for the great good of the
city that this suit has been brought
and l hope that the Corporation Coun-
sci will cooperate with counsel for
the plaintiff to obtain ruling by the
Supreme Court of the state on the con-
sttutional question which | brought
up last Monday. A matter of such i'm
partance as this should be settled and
settled at once, and authoritatively by
the court, so that the public and the
schools may be left in no further
uncertainty. This is friendly suit
and is to be so considered"
Leonard NJ. Wailstein, counsel for
Mr.. Frank and the Citizens Union,
who filed the suit, said:
"The proceeding is for a mandam Us
to compel the Board of Estimate to
quest for appropriations for 1921 upon
its merits, instead of granting to it, as
has so far been done, merely the man
datory 40 mills tax yield, which is far
below the conceded requirements of
the Board of Education for next year
The question is of the utmost impor-
tance, not only with reference to the
pending budget, but with reference to
future budgets of the city. | assume
that the present administration is will
ing, if not eager, to have the question
decided by the court. | hope, therefore,
for the cooperation of the Corporation
Counsel in submitting the proceeding
promptly for adjud dcation upon the
important constitutional question in
volved."
The Board of Estimate has until
next Wednesday to complete the 1921
budget for final adoption. If the court
should refuse on Monday to issue a
mandamus no appeal could be taken in
time to affect the 1921 budget.
Mavor Is Silent
Mr.. Frank, in his affidavit, said that
the S43, ,720, $50 appropriation allowed
the Board Of Education was about
S16.5O0,0 900 less than the funds now
available for the year 1920 for salaries
alone Of the teachers, supervising and
clerical forces of the board, and S25,-
59S.445 less than the total appropria-
ton now available to the Board OF
Education for the year 1920. The
Frank and Curran affidavits reviewed
in detail the controversy at the meet
ings of the Budget Committee over the
educational question.
Mayor Hyan, when asked last night
said he had no comment to make in re
gard to the mandamus suit. The Boart
| of Estimate will meet this morning t;