New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-09-03
Mayor Orders
Court Action
On School Pay
Directs City Counsel to Take
Legal Steps to Force
Comptroller Craig to
Meet Teachers Raises
Result of Prall's Appeal
Board President Declares
Increases Will Be Paid;
Says Money Is on Hand

Mayor Hylan. in q letter to Corpora
ton Counsel O'Brien, yesterday or
dered that official to bring mandamus
proceedings against City Comptroller
Craig to compel him to pay the $4,000
teachers Of this city the increased
salary granted to them by the Legisla-
ture under the Lockwood Donohue bill
Craig has declined to pay the raises.
The Mayors instructions to Mr..
O,brien; were the result of a commun-
cation from Aiming S. Prall, president
of the Board of Education, complain
ing against the refusal Of the depart
ment of finance to honor the pay roll
of the Board Of Education.
In letter to Mr.. Prall Mayor Hylan
advised him to confer with the cor
poration counsel.
The Mayors letter to Mr.. O'Brien
follows:
Enclosed find copy Of letter from
the President Of the Board of Educa-
ton, Aiming S. Prall, and copy of my
reply to him.
consult with the President of the
board of Education and proceed as
rapidly as possible to take the neces-
sary legal steps to compel the Comp
trolier to pay the salaries due the
leacnerS at once"
Urges Mandamus Proceedings
Following is the Mayors communi
cation to Mr.. Prall:
II am in receipt of your letter of
September with reference to thc re-
1usal Of the Department of Finance to
honor the pay rolls of the Board of
Eaucatlon to see that the teaching force
Will receive the increases granted them
under the mandatory legislation passed
by the Legislature at its last session.
The Board of Education should i'm
mediately BEG in niandamus proceed
,ngs against the Comptroller to com
pei him to pay the salaries now le-
gally due the teachers.
II have directed Corporation Coun-
sci 0'Brien to confer with you with
salaries be paid without any further
quibbling."
Comptroller Craig is out of town on
vacation. Acting Comptroller Frank j.
frlal. 1T was announced at his office
left the city yesterday afternoon short
ly after Mr.. Hylan's letter was sent
to MIR. O'Brien. Before departing, Mr..
Prial said:
"Comptroler Craig declared that the
money could not be paid the teachers
yet because the increase was not in
N'~oNo Ak viz uuuSet ana because no
adequate provision has been made by
the Board of Aldermen for the increase.
.'There is no doubt that the increase
Will be paid eventually, but we can do
nothing about it until the Board of
aldermen authorizes the appropriation.
When this is done the increase will be-
come legal
"Of course, if some court tells US
we must, then we must"
Checks Made Out at Old Rate
President Prail called at the Office
Of Comptroller Craig yesterday with q
otter demanding that The paw rol! sor
August, audited by the Board of Edu-
cation, should be paid in full. The let
ter was laid before Deputy Comptroller
Arthur ]. 'Phlbin, who promised to give
Prall that the pay checks were being
made out by the finance department, so
far as the administrative and clerical
forces are concerned, at the old rate
He said that the department had not
decided whether or not to pay the in,
crease to the supervising and teaching
forces.
Mr.. Prial told newspaper men later
that he was being advised by the Cor
poration Counsel in the matter, and
that there was no question that the
increased pay is due and eventually
must be paid. Mr. Prial said that in
case the increased pay is refused to
the teachers he will advise them to ac-
cept the checks under protest and re-
serve all rights to the increase.
Declares Money Is Available
Mr.. Prall insisted that the money to
meet the Board of Education's pay roll
is available, $11,00O0OO being in the
teachers fund. His letter to Comp
troller Craig follows:
"We have been informed by officials
of the finance department that you de-
cline to audit and pay the pay rolls
of all persons employed by the Board
of Education for the month of August
for the amounts for which they have
been made up and audited by this
board, such amounts including the in
creases provided for by Chapter 70 of
the laws of 1920 and Chapter $50 of
the laws of 1920.
"On behalf of the Board of Education,
and on behalf of all persons whose
names appear on the August pay rolls.
l hereby demand that you audit or
cause to be audited and pay the said
pay roll of all of those employees
whose names appear thereon now due"
MIR. O'Brien refused to discuss the
question and referred all inquiries to
the Mayor. He seemed to be of the
opinion that the matter will be settled
without court action, but refused to
give the basis of his OpiniOn