The New York herald., 1921-12-24
court TO UNRAVEL
TANGLE ON BUDGET
Appeals Tribunal to Act in
Dispute Some Time About
January 8.
STAY GOOD UNTIL THEN
Hylan Signs Document as
Charter Orders, but
Craig Holds Off.
MANDAMUS IN ABEYANCE
Complications Ahead if City
Officials Are Forced to
Reopen the List.
MANDAMUS IN ABEYANCE

Further moves to untangle the much
snarled budget OF the city must await
action of the Court of Appeals. which
will sit some time around January to
hear the appeal OF the Corporation
counsel from the order Of the Appellate
Division to restore some $4,000 PEN
sion moneys.
Stewart Browne OF the United Real
Estate Owners Association sent tele-
grams to each member OF the Board OF
Estimate yesterday threatening them
with an action for contempt unless they
obey the Appellate Division. but Acting
Corporation Counsel George +. Nichol-
son advised them that the carrying Of
the matter to the Court Of Appeals auto
matically stayed the proceedings. Coun-
sci for the real estate men in denying
this had overlooked the fact that the
order was a modification and therefore
carried stay. it was stated. The modi-
fication required the city officials to re-
duce non-mandatory items, If necessary,
to make room for the mandatory.
Only Two Sign New Budget.
Mayor Hylan after comforting with
Mr.. Nicholson signed the budget yester-
person the charter says shall sign be-
fore December rs is the Comptroller
Mr.. Cruise took the document to Acting
Comptroller Henry Smith, the head Of
the Finance Department, in the absence
in Canada of Comptroller Charles L.
Craig. Mr.. Smith said he would think 1t
over. He was still thinking when he
left the office last night and the budget
was unsigned on his desk.
In, 80 eto 81, 41x,A
budget is under litigation, 1t is held that
December 25 becomes more or less aca-
demic as a mandatory date. There was
no suggestion that the Comptroller
might be mandamussed to sign before
the first of the year.
PayrolIs to he Met january Is.
1t was pointed out by an official that
the city could get along without any
money to speak of until January Is,
when the semi-monthly payroll must be
met. Prior to that time, 1t is hoped the
Court of Appeals will have rendered a
decision. Should this court uphold the
Appellate Division It is considered likely
that the Comptroller. as we'll as other
members of the Board OF Estimate, will
obey the order. If they do not an ac-
tion for contempt would then lie against
them.
To obey would necessitate cutting 49,.
100000 out of some other appropria-
tions. The Comptroller at the same time
would probably insist that the illegal &C.
tion OF the Board of Aldermen in cutting
mandatory county and court charges out
Of the budget be rectified and the total
be brought within the per cent limita-
tion by taking the necessary amount out
OF other appropriations. He would also
want to take another $4,000, 600 out OF
the budget to meet the loss OF anticipated
taxes on bank capital and surplus. 1t Is
believed.
This would leave the budget short over
So. 1000. 900. In this emergency the Mayor
and the Comptroller probably will have
TO go TO Albany for special legislation.
The city's right to issue special revenue
bonds is now limited to 5000, 900 In any
one year.