Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1880-03-05
County School Commissioners.

said to rest upon the virtue and intelligence
OF the people. TO this end, this State with
Others has long since adopted free systsm
OF public education supported by general
taxation. To arrive ut u perfect system, or
MS nearly so AS the state Of the question ad-
mtted Of, several different experiments have
been tried.
The first general system was that adopted
under the Constitution Of lS64--the War
Constitution. The main features of this sys-
tenn were general superintendent OF educa-
iion, a board OF State education aud county
superintendent for each district composed OF
several school districts united
The Constitution OF 1867, the pregent Con-
sututiOn OF this State, required the next sue
ceedng Legislature to adopt n thorough and
efficient system OF free public schools-io pro-
vide for its maintenance aud for the expira-
ton OF the present system.
The 43 art of the Bill Of Rights also de-
clares That the Legislature ought 10 en-
courage the extension of II Judi
ciOus system OF general education. To give
effect 10 the thorough and Judicious system
above presented and required by the Con
sIiI:tution, tue Act OF 1868 was passed vest
ing III the Board ol County Commissioners,
without additional compensation, the power
10 appoint the County school Commissioners
~ whom the management VI the free schools
III tue bcftIui NOuulleb VI tue Othte WAS CON-
mitted aud entrusted. This Board was au-
lhorized to elect Treasurer aud require him
10 give ample bond Tor the faithful discharge
VI his duties. In 1870 tais law was repealed
aud another passed authorizing the people at
the next general election to elect the County
School Commissioners aud 10 appoint Sec
rrtary, Treasurer and Examiner. thus entirely
retiring the former Treasurer aud appointing
with additional duties new one 10 his place,
and also requiring bond AS aforesaid and
qualification according 10 the Constitution
In 1872 this Oud law was repealed, and
the present ), hoUl law with the same duties
rs 10 COuuty SchVO! Commissioners, except
that they are TO be appointed every Two years
by The judges OF the Circuit Court, aud this
nav has remained IN successful operation and
with Increased growth aud acceptance 10 the
present time. Ii will thus be seen that the
only essential change in the law has been ia
the mode vi the appointment vi County
School OnuIssiOners, the board 10 whom in
The counties, is Committed the practical man
AgrmenI and control OF the schools and The
corporation in whom Is vested It's property,
both real aud personal. Thus ia Twelve years
in graspius AFTER the most thorough aud
judieious' system rs required by The Cunstitu-
ton and Bill vi kighls three different plans
have been tried, VIZ: fhLt-by the appoint
ment by the County Comuils sioners, which
lasted iva years. That by election 10y the
people, which lasted but two ears, and that
under which u has hUurshed aud increa sed
iuuoI--by the Judges Of the Circuit Court
which Is sill i'll existence and which has
lasted tor eight years.
What is the irresistible inference from this
state oi facls2 That the appointment Of School
Commissioners by the County Commissioners
has been tried and found wanting that the
"a l..
been tried and found wanting and that the
appointment VI County School Commissioners
by the Judges OF the Circuit Courts in the
several counties has been found The most judi
cious, and is the only mode which has stood
the test Of lime and the approval and ac-
quieseenco OF the people But, says some, this
mode Of appointment by the Judges OF the
Courts, the law is unconstitutional, and must
be got rid uf ~ all hazards aud without re-
gard 10 consequences. Witness the following
from the Baltimore Gazette:
Should the Couris sustain the INDUCTION,
the acts VI all the County School Boards
chosen since the passage Vt the act vi 1870
will lie declared TO have been unconsi itutiona
and the present boards would in effect be de.
ciared to be acting without warrant OF law.
! II would naturally follow that the Examiners
| in the different boards are not legally chosen,
| aud that the district school trustees are acting
unlawfully, aud that none Of the teachers
nov eInPlo, ed IN the county schools, Except
those whO were chosen prior " the act VI
! 1870, have any little to their places In Y
word the entire county school system in the
State would ne overihrown.'
Such is the effect the destructyes in this
our county, would produce throughout the
Staie-io get one man back into Office and
the present incuinbeuts out. But fortunately
/ FIR the Slate They had Nj JuIUs ln NJ
counter in the person OF Judge Miller, who
without hearing single word from the other
side promptly Dipped that little scheme ia the
bud aud rejected the INDUCTION. without
| going into critical analysis Of the ineaning q
/ VI the word assumed in the 9Th art. and
the word "eInplOy aI'nt" in the 33rd art. Vi
the Bill vi Rights, which is relied upon by
those who claim that The appointment Ut
School Commissioners ty the Judges OF III.
Cireuit Court is UNCONSTITUTIONAL, aud which
could he easily shown 10 have no application
10 the mere agency which the Judges in this
| instance are asked perform. l will content my
self 10y giving u lew extracts from MI opinion
delivered by Chief Justice fancy aud other
distinguished Judges bearing directly upon
| this question, US follows:
| Commissioners Ut counIies, sats Chief JUS
/ lice fancy, ARE subject 10 the control Of the
Legislature. They are created Tor the public
good But, hCweop appointed their pOwtis
aud duties depend on the will Of the l..gisla-
ture, aud are modified aud changed, aud the
manner Of their appointment regulated at tho
| pleasure Of the the STATE " For County
Comuissioptrs read County School Co,unis-
sionsrs, aud the application will appear.
Again Justice Woodbury. says, zone Of The
highest duties OF the Legislatures to rrgu-
late pabiic bodies in the manner
which the public welfare may appear 10 de-
mand," Again "ln no doubtful case would
the Courts Pronogpct legislative act uncon-
slitationai "
Those who dispute tho power must show
that IL has been denied by tho Constitution.
This denial is nowhere 10 lie found 10 our
Constitution. M (ihs aci) says the same
learned Judge, lis yresumed 10 be pdiid :"
Again, Offices whether created by The Con-
siituiioH or by act Of Assembly, unless
otherwise provided for by one or the OIhOr--
therefore wbrp the Legislature has created
an office by aci of Assembly (precisely our
school law the Legisiafnre can designate by
whom aud in whaf manner The person who Is 10
fll that Office shall Ice appointed. md
Court vi Appeals.
n would he a waste VI time TO add more
10 show the full aud complete p0wer and au-
ihoriiy conferred upon the Legislature 10 do
what Il has done, IL requesting the Judges
Of the Cireuit Court ia the several couniies---
most wise aud conservative ''judicious" body
II could seIcci--io appoint 10 The several coun-
ties the best men IL could hnd 10 act AS County
School Commissioners Tor the management VI
The public sehools aud training u the youth
Of sh~ Sinie 10 The paths Of virtue and The
sth0sl " know ledge 10 81 them lor the part
thty ais 10 occupy IS citizens aud eonservs.
lofs OF The ktaie
The power ~ The J0dgss cease with tbs ap.
poinlment The Court has no further infiu.
snes aud eoairol over ths School Commits