New-York tribune., 1922-12-31
City Served in
SuPpOrtActiOn
OF 2 Colleges
Counsel for c. c. n. Y. and
Hunter Says Craig and
Estimate Board Seek De.
structiOn Of Institutions
Mandamus Is Requested
Sufficient Funds for Up
keep Not Included in '23
Budget, Brief Declares

Charles r. Tuttle. a. counsel for the
cofl,gs Of the City Of New York, ard
Carl z. Peterson. a. counsel FOR Hunter
College. served on the Corporation
Council yesterday their brief in sup
port Of the application Of the boards
II trustees for 9 nandamus 20 require
the Board o. Estimate 20 appropriate
a-Sicient funds Tor the support Of the
Institutions, which. they eontended,
wers not included IN the 1923 city
budget
Mr. Tut,le, who Is q trustee Of the
City College. in q ststsment issued de-
eisred that the attacks BY Comptroller
craig and other members Of the board
Of Estimate on the two colleges we're
primarily directed a. the destruction Of
the institutions. The issue presented
b. the brief fled in the name Of the
Beard Of Estimate, he said. was none
other than the legality Of the very ez-
irtenee Of the two colleges
1T is but right that the citizens Of
Iris eity should know AZ once that this
3. the real attack and the real issue
ssid Mr. Tut1ie. "The principal con-
tention urged IN the brief for the
Board Of Estimate is that the levying
Of taxes In this city for the support Of
these institutions, which are estab-
iishsd end required BY Law % furnish
higher education gratuitous'y 70 the
rraduases Of the eitys public schools
and governed by special boards COM
posed of residents of the city appoint.
cd By The Mayor is not O city purpose
within the meaning Of Section 10 Of
Article VIII Of the State Constitution.
II that were true. then the city could
not even voluntarily appropriate q
dollar for the support OF either college,
for IN that event the city could not
even voluntarily levy a tax for such
purpose.
LEGAL Existence l. Issue
asfpeb pnblieity has recently been
given 90 certain remarks by certain
pub' ic officials concerning mandatory
isrislstion. concerning the salaries az
6rrd by the Legislature of 1927 for the
f,~nlt.cr o. these two colleges, and
concerning the rental ya ue OF the
house owned by City College an1 oc-
csn ed by its president 10 is app o.
priste. therefore. shat every one shou
rnderstand that tfe actual attack rs
rresertod In this brief is on the leg
,ristsrcc OF these two institutions
and on the existence of any Ike in
rttution supported by city taxation.
The real question, therefore, rs not
whether the Legislature adopted 100
rpucrcus sea Of SALARIES or whether
tbe Legislature imp opcrly gave % the
work of these two col eyes the guar
,rty Of a required m m.nimum appropr A.
fior bv the Board Of Estimate. but
rather As 20 whether these Two colleges
do or can lawfully exist at a'l.
"Ihe attack on the very eE.siehce OF
these tuo colleges is Tie more aston
ishing in that they have ior many dec
adrs .con the means hy which the sons
rrd daughters of the eitizcns 81 the
c.fy have had, gratuitousiy, me oppor-
funitics for an academic and scientlhe
,rafning. VII ch otherwise would bo
within the reach only Of the privileged
classes.
aIf We may judge, by SIS eject, the
rurfOse 0l the att rs now made on
the legal existence Of che City College