New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-11-26
THE VACANCY IN THE SCHOOL
BOARD.

srarx o. LOUISIANA, y
Office Stats Superintendent of Pubic Education,
New Orleans. November 70 lSU)
EDrroa RxPuBLrcAx:
DAAa S1H-In your issue of to-day, under She fol-
lowing head, San irregular mode Of filling Sa-
cancy," you comment as follows:
The appointment of Rev. L. c. Matlack rs School
Director for the city of New Orleans. to fill the va
cancy occasioned by the change of residence and
the resignation of Hon. C. C. Packard I'VE should
regard the appointment Of Mr.. Matlack as emf
nently satisfactory. but he should, like other OIL
GERS be chosen or appointed In the mode pointed
ont by Law. This rule has not been observed ID the
present IN the first place, the State Board of
Education has not had the matter under considera-
tion at all. Again. when they meet, and are OH
cially informed of vacancy. they will probably
take the view adopted by the Common Council In a
similar case, that under the sw the Governor alone
Is authorized to fill vacancies"
In the above comments you nlL=state facts
/. That Mr.. Matlack's appointment - not in &C.
ccrdance with law.
Q. That the State Board OF Education has no' had
the matter under consideration
J. That the State Board Of Education will. when
it meets adopt the view taken by the Common
Council In a similar case, " that under the law the
Governor alone is authorized to fill vacancies"
The school law and the action of the State Boa rd
of Education, well the record of the action OF
the City Board, establishing O precedent directly
to the point. will enable You at once to See that
your comments and statements ore unwar-anted
by the facts in the case
The school law, section four, provides for only
one regular ard annual meeting of the State Board
Of Education.
Sections six. seven. eight, nine. ten, defining
the duties of the division svperintendents (who
are are also with the State Superintendent Of Edu
sation, the members Of and constitute the State
Board) rendered it impossible for them to continue
the regular meeting sufficiently long to make all
the appointments required ty law; hence, the fol-
lowing action:
the organization OF a system OF purdue educatioh
in this STATE the President Of this board Shall be
and is hereby authorized during recess OF the
board to issue commissions ~ Parish City or Town
District School Directors, to such persons as are
recomme nded to him by the several Division SUI
perntendents, by uch other parties as are salts
factory to him; such nominations and appoint
ments subject to confirmation by the board at its
next subsequent meeting.
Superintendent R. c. Richardson. T. s. stod-
dard. R. +. piossy James AcCleery. R c. WHY and
J. B. Carter voting for the resolution.
The record Of the action Of the City Board in the
ease OF II. C. Dibble and A. Sheley-Mr. Dibble re-
signing, Mr.1helley appointed to I'LL the vacancy
which action of the State Board the City Board
accepted without question, because there was no
question.
As TO the view that the Governor should ill va
cancies caused by resignation otherwise in the
City Board of School Directors long the State
Board Of Education and the City Council have an
existence, is unwarranted, and not contemplated
by the Law. Should the city government fail to
act from any cause, the law recognizes the author
ity of the State Board And in this case, by the
record quoted, you winiaeknoWledge that the ap-
pointmeut of Mr.. Matlach is in accordance with
law
Respectfully.
u. G. COLE.
Acting Secretary State Board Of Education.