The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-11
A PROBABLE EDUCATION MIDDLE.
Was There Bungling Legislation 3-ShaD
Educators BE Educatede

Educators Be E0ucnteOy
At the last meeting of the new Board OF Educa-
ton a subcommittee of the whole was nominated
to select five school trustees in each ward to re-
place present ones, and report their names to the
full Board for appointment. Section OF the new
act commands that "within fifteen days after the
organization OF the Board OF Education appointed
in pursuance Of this act said Board shall appoint
for each ward in said city five trustees" The
fifteen days began to run last Monday, and already
ward associations of the republicans, local and
general reformers, leaguers and intriguers
are thronging around the subcommittee
with recommendations. The office OF Trustee
OF Schools Is or much power and
influence. The Board of Trustees authorize leases,
appoint and discipline the sub-teachers oversee the
repairs OF schoolhouses and enjoy considerable
consequence with teachers, scholars and parents.
Indeed, for many years past, School Trustees have
asserted power as politicians Possibly their pO-
litica influences have appointed UNIT janitors OF
the schools; but, fortunately, Henry Kidde, the
City superintendent, can and does protect the peo-
pie by his licenses against incompetent teachers,
who might otherwise be foisted the public by the
same kind OF influence. Hence the scramble for
the ofhce is now rather lively among the new set
OF politicians, who, to great extent have been de-
barred voice In selecting trustees and sharing
their patronage and influence.
Up to 1870 trustees were elected. For the past
two years they were appointed by the Mayor, who,
however, we believe, gave the republicans a mi.
nority share OF the patronage. But by the new law
they have 1t all, and it Is doubtful whether the
democrats will get any.
In the midst OF the scramble, however, comes q
horrible rumor tos the spoil hunters. Section
the i've trustees in eaca ward zone TO hold once
for four years from the 1st day OF January next,
yee ana The
The rumor Is that, although the appointments may
be made within fifteen days, only one OF the five
must wait until New Years Day to as
sumo office. The act so reads most
certainly l. e. "to hold Office from the LIST day OF
January next" To make this more emphatic the
sentence concludes, zone for one year from said
date a. e., January |, 1874 and one until the said
date;'' and the spoil hunters hear with dismay
that commissioners Man, Townsend and Beardsley,
who are lawyers. have already sent messages to
the Legislature to correct the blunder.
II the spoil hunters were the only ones to be
disappointed perhaps IL woull not be bad. But
another reference to the act looks as II there could
only be one trustee In each ward TO form a board
Until New Years Day arrives. Section also
OF Common schools OF the city OF New York shall
end and their official functions cease on the APP
Of Education for the unexpired term.1
That is to say, the ,eXlsting Trustees
go out any way. They are abolished. And as to
New Years Day. This, If true, is awkward, because
The statutes and rules call ior majority OF trus
tees" in all action. Certainly one trustee cannot
be in a majority over himself unless he sees treby,
for II he only sees double then he ties himself
One wlseacre In the caucus attempted TO satisfy
the middle by quoting another sentence, thus:-
ANY vacancy in the said Office OF Trustee OF COM
mon Schools by death, resignation or otherwise
shall be filled by the Board OF Education Tor the un-
expired termn His point was that after the pres
cnt trustees became abolished there would De ionr
vacancies in each ward, which the Board could fill
up to next January. This wiseacre was met by
another one, who retorted that vacancies can only
exist to term begun, and in the probable hiatus
the vacancy dodge was not operative, because no
term began until long after the prior one ended.
To increase the middle, there are yet III Office in
each ward two Trustees OF Common schools, who
were elected to the trust by the people. They, it
is said, are advised by eminent lawyers that the
Legislature cannot, except by abolisnlng the clce,
turn out ncumbents who were elected and whose
terms are yet running in order to fill their places
by appointment. 1t seems that the Tweed charter,
when appointments or trustees were given to the
Mayor, provided that these should be made only
when the terms OF elected trustees EXPIRED and
thereby saved the legal question:. The elected
'tns'' therefore propose to move the pOnder0us
machinery Of quo ,cai7anto and all the cog wheels
known to law In order to retain possession.
Ii Is at least certain that some law draughtsman
has Numbered. He has In cooking sections Tor edu-
Gators forgotten to educate himself In perspicuity
OF expression. But TINS Is no uncommon event at
Albany IL is not long ago that Recorder Hackett
reduced the Pleading OF SEINE lawyer 'sloveniy;"
but what will he and the Judges generally say about
ha low at nf lhauv Lat Vm 4 arQ9