The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1874-03-31

we, the undersigned, members elect of the
SCHOOL committee, having been apprised tnat
9ouots are entertained of the validity OF this
Doaro as at present constituted, respectfully re-
quest your honorable body to consider ana az
wise whether the persons heretofore elected ana
now constituting the School committee snail
continue to act as such for the present year OF
whether new election may be necessary.
Mr.. Hale presented the following order tor a
communication to the Cty-Council, which he
considered to be more dignified action for the
Board to take because it thereby cleared itself
of responsibility and left the whole matter to
the CITY Council without advice from the School
Board:
We. the undersigned members elect of the
School Committee, chosen by your honorable
Boards, respectfully represent that there seems
to be doubt as to the authority of the City
Council to elect School Committee of more
than three members, since the passage of
the public laws of 1870, and consequently as to
the validity OF our election. We therefore re-
quest your Boards to take such action as they
shall think proper in the premises.
On these proposed communications debate
ensued. The example of the School Commit
tee of 1S43 was quoted.
Mr.. Smith offered the following eommunica-
ton:
Whereas, it has come to the knowledge of
this Board through its chairman, that the May
or entertains and has expressed an opinion that,
by change of the statutes of this State in the
year 1870, that provision of law relating to the
powers and duties of the School Committee So
far as it relates to the city of Portland has been
stricken out, and, therefore, no authority for
the election of a Board of twentv-one memt
bers exists or has existed since 1870; and
Whereas, it has also come to the knowledge
OF this Board that the City Solicitor, after an
examination of the statutes relating to this
subject, has announced to this Board his opin-
ion that the City Council had no authority for
the election of the Board, as at present consti-
tuted, therefore,
ResOlUed. To relieve any embarrassment that
may exist or arise between the city council and
this board in the settlement of the question,
to the end that the progress and efficiency of
the public schools may not be retarded or i'm
PARED the city council be and they are hereby
respectfully informed that we decline to further
exercise any of the functions of Superintend
ing School Committee of the City of Portland.
ReS0tUed. That certified COPY of this pre-
amble and resolutions be transmitted to the
City Council forthwith.
An animated debate ensued and Judge Sy-
monds moved an indefinite postponement of
the whole matter He accepted an amend
ment that the matter lie upon the table. The
matter was then laid upon the table. A mo-
tion to adjourn was made and lost. Mr.. Hale
then presented his resolution as an order 1t
was ruled out of order.
The subject matter was then taken from the
table, and a vote taken upon Mr.. Smiths SUBJ
stitute. 1t was rejected.
Mr.. Hale's substitute was then taken up.
An amendment embodying the Smith substi-
tute except the last resolve was offered by Mr..
Chapman. A further amendment was made
by Judge Symonds referring the whole matter
to the City Council Mr.. Chapman then
withdrew his amendment, and Mr.. Hale ac-
cepted the amendment of Judge Symonds in
place If his original order. Judge Symond's
communication was passed. 1t reads as fol
lows:
Whereas, An intimation has been given to
this body that there is question as to the le-
gality of the existence of the experimenting
School Committee of this city, therefore,
ResotUed, That We refer the whole subject
the whole subject to the City Council for their
decision and adjustment.
The Secretary was directed to forward this
communication to the City Council
Adjourned.