The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1874-03-24

AnoW IL Iuey were any Douy III PaIeiouidI VI
not.
The School Committee men did not appear
to regard the matter with that profane levity
INDUCED in by the outside barbarians. 70
many of them it seemed an affair of serious i'm
port The room in which they were assembled
was hung with sable plumes, which, undoubted-
ly added to the general gloom.
Previous to the coming together of the Board
the question of dissolution was freely discussed.
Some were in favor of vanishing into thin air
at once. Others did not believe the Board dead,
nor even In a moribund condition. Still others
acknowledged that it was in precarious state,
but thought they detected some signs of vitali-
ty, and acclaimed against the horrors of pre-
mature burial. How terrible it would be, they
suggested, if the body should return to conscious
ness and find itself within the narrow walls of
a coffin.
At eight o'clock precisely the corpse came to
order. After some preliminary business, the
chairman. Mr.. Libby called the attention of
the committee to the fact that the Mayor had
an interview with him in the morning, in rela
ton to the legality of the board as at present
constituted-stated that he had requested the
opinion of the City Solicitor on the subject, and
was informed by him that by reason of change
In the statutes in the revision of 1871, the au-
thority of the City Council to elect seven men,
bers yearly, was abrogated and that provision
was made for the election of a school commit
tee of three only, or one supervisor in place of
the committee of three. That under the cir
cumstances it seemed advisable to elect new
committee of three, as it was a doubtful ques-
ton if three members of the present board
were duly elected.
He suggested that it would facilitate the con-
sideration of the question by the City Council
if all the members of the present board should
resign, and requested the chairman to lay the
matter before the board; that late in the after
noon the attention of the chairman was called
TO the act of 1884, CHI. 129. by which special au
thority was given to the city of Portland to
was deemed advisable, possessing the power of
experimenting school committee and school
agents, aud to the construction CT the repeal
ing act OF 1S4l.
AS the question of the repeal of this statute
was by no means free from doubt. and if the
statute was not repealed the recent board
was legally elected, the chairman suggested
that it would be well to postpone any ac-
ton of the board until the matter of the cen
struction of the statute should be determined
satisfactorily to the committee, and requested
members of the committee to state their views
as regards the course to be adopted by the
board. adding that he had stated to the Mayor
that his own disposition would be to facilitate
the action of the City Council by adopting such
course as would relieve them from all en-
barrassment, and that he did not doubt that
such would be the disposition of all members
of the board.
Judge Symonds thought thatthe Board elect.
ed by the City Council according to an ordi-
nance OF the city, should continue its superin-
tendeuce of schools 1t is not the province of
the Board to determine the legality of its cleo
ton. Should the City Council proceed to elect
three members the present Board could claim
the authority os an older vote. The citizens of
Portland have chosen this Board, and it is not
disputed that their will is to confide to it the
direction of schools The present Board is the
Board de tacto. The trouble originated solely
in blunder The question, if there be a
question, is one for the courts to decide. 1t is
enough for the Board to know that it is regu-
larry elected. A blunder making no radical
change in school procedure ought not to in
huence its action. This Board is the only reg
ularly constituted Board until the courts decide
otherwise.
DR.. Smaller suggested that if the Board legal
ly existed then it was not called upon to resign
If it did not exist then there was nothing to re-
sign. He moved committee to examue into
the matter and report at an adjourned meet
ing.
Mr.. Smith then said that he thought the
board would like to hear the opinion of Mr.
Reed.
In response Mr.. Reed said that he had by &C
cident had his attention called to the question
of the legality of the election, and he had look
ed into it little when the Mayor asked his
opinion upon the subject. Since then he had
examined the statutes with the following re-
suit: In 1922 by Chapter 1856 of the laws of
tfiat year, the town of Portland was authorized
to select any number of persons to act as mem
bers of the school committee. In 1884 by chap
ter 129, section II of the laws of that year the
city of Portland with other cities, and IN fact
every town in the State at its option were au-
thorized to determine the number of persons to
be entrusted with certain powers in relation to
schools. In 1910 by the Revised Statutes this
section II of the laws of 1884 was made into |
general law, and will be found iD the Cha Ter
on Education. By the repeating act of 1880. |
the acts of 1922 and 1884 were in his judgment
repealed, and accordingly as will be seen by the
city records. the City Council referring by
chapter and section to the Revised Statutes for
authority fixed the number of the committee.
In 1850 by act of August 9th the Chapter on
Education in the Revised Statutes was repeal
ed, and new law established containing SUBJ
stantialIy the same provision. Accordingly the
City Council thereafterwards referring by Sec
ton to the act of August 9th. fixed the num-
Der of the committee. In 1857 the provision
referred to appeared as Section ten of Chapter
eleven of the Revised Statutes In 1870 by
chap. 159 Of the laws of that year Sec, ten was
repealed. The revision of 1871 made no change.
Unless then some other statute shoule be found
than has yet been discovered it would seem
that the authority by which the present board
was supposed to be elected had been taken
away and the legal existence of this body with
it.
Inasmuch as the statutes of this State re
pealed, and unTopealed, filled many volumes, he
could not absolutely say that nothing could be
found there beyond what he had indicated, but
the information of the City Government since
1910, under general laws, was the strongest evil
dence of the non-existence of any special law.
If any could be shown, and rome had been thus
far Notwithstanding the investigation this sub
iect had given rise to. he could have no Objec-
ton to this board continuing to sit; but if on
the contrary, they had no legal right here, it
was the part of wisdom to relieve the City Gov
ernment from all embarrassment by resigning.
If, IS has been suggested, the board sit here
without right on the technical ground that no.
body can GUST them within a year or two, it did
not seem to him to be sensible or worthy of
them. If any misfortune followed, it was not
their fault but that of the Legislature.
The chairman explained that the matter
turned upon the question if the act of 1884 was
incorporated as a general law, bearing upon
Portland as well as upon other towns in the
revision of 1910.
In response to an inquiry the chairman said
that he called the attention of the Board to the
matter at the request of the Mayor. The
Mayor thought it best that the members of the
Board should resign, and that committee of
three be elected in their stead.
DR.. Shailer's m otion was then adopted, and
Messrs. Reed, Symonds Libby, Frank and
Hale were constituted the committee contem-
plated in the motion.
The resignation of Miss Haley of Primary
No. 8, was received and accepted.
Leave of absence during the remainder of the
term was granted to Miss Perey of the High
School.
The chairman stated that he had received an
application for teachers position from q
young man in New York. The young man Of
fers percentage If position be obtained for
him.
Bills amounting to SIS, 1885, IS, including pay
roll of ST., 1920 were presented and allowed.
The Board then adjourned one week.
THE CATHOLIC BooKsToRE-We have re-
ceived from T. p. MCGOWAN, proprietor of the
new bookstore, at 254 Congress rect volume