The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-05-12
SCHOOL CASE SOLVED.
THE DECISION OF THE SUPREME
COURT AGINST THE DEMO-
CRATIC BOARD.
Tho Failure OF Our Trustees 10 Take
the Oath Fatal Omission,

| A''~ A"As VI V~H sTustecs 10 Take
the Oath . Fatal Omission.
In the Supreme Court Of Appeals yester.
day, IN the case Of ChIldrey and ais. rersus
Rady and ais, brought TO determine which
OF the two School Boards claiming to hold
for Richmond city Is the legal one, Judge
Richardson delivered the unanimous opin-
ION. The history Of the school laws was
reviewed from the beginning OF the system
in this State down to this day. He sus-
tanned the demurrer to the answer OF re-
spondents, and held that the City Council
had never complied with the requirements
OF the statute with reference to fixing the
terms and filling vacancies in the School
Board, and none Of such appointments had
been in accordance with law. Further,
that the failure Of respondents to take the
oath OF Office at the proper time was in
itself fatal to their claims.
| The Court, therefore, decided against
all the incumbents for the double reason
that the Council had failed to fill vacancies
within the time allowed TO them, and that
the respondents (trustees) had neglected to
take the oath required by law.
The Court considered that in all essen
tial points this case was like the recently
decided Portsmouth school case.
THE NEW BOARD.
The parties thus recognized and ordered
to be installed are named in the following
order, which was a part Of the record:
FEBRUARY II, 1888.
The Board OF Education met, with Gov
ernor William Il. Cameron (presidenD,
General Frank S. Blair. and Superintendent
X. X. FaIr present.
The following trustees were appointed TO
fill the vacancies in the School Board Of the
city OF Richmond caused by trustees not
qualifying:
First Disirict-Rowand Hill, to serve
until August 1, 1888; jefferson Powers, to
serve until August /, 1891; J. Ii. Childrcy,
to serve until August /, 1885.
Second District-Richard Forester. to
serve until August /, 1893; John w.
Fisher, to serve until August /, 1884; a.
S. Lee, TO serve until August /, 1885.
Third Dlstrict-J. V. Reddy, to serve
until August 1. 1888; Henry Hudnall, to
serve until August 1, 1884; II A. Paul. to
serve until August 1. 1885.
mfr. A. s. Lee declined to accept the ar-
pointment, and Mr.. V. A. Fayier was
chosen in his place at subsequent meet
ing.]
HE OLD BOAkD.
The ousted Board consists Of Messrs.
Charles p. Rady, William IL. Williams, A.
w. Weddell. X. G.. Cabell. A. X. Courtney,
X. w. Powers, NJ. l.. Straus, 5. p. Moore,
and W. X. Bowie, all well-known, in
fluential, and popular Democrats Of
Richmond: while the new members are all
Re,idiusters or Republicans, and two OF
them Or. \. Paul, the Governors messen-
ger. and Richard Forrester) are negroes.
THE FUTURE.
The right OF the City Coucil to fill va
cancies within sixty days after they occur
was never denied. The Council will have
an opportunity to fill three vacancies on
August /, iSs3-that is to say, upon the eX-
pration OF the term OF Rowland Hill, Rich
ard Forester (colored) and J. V. Reddy.
BY this decision the term Of the trustees
will end on the 1st Of August; under the
old arrangement it ended May 18th. The
explanation OF this change is not given.
THE ORDER.
The order requires defendants to sur
render TO plaintiffs the books, records, pa
pers, property, real and personal, including
all buildings and other things belonging to
the public free schools OF the city OF Rich
mond. And il is further ordered
that a copy Of this order be duly served on
the said respondents, and that such service
shall have the same force and effect as the
execution upon them Of peremptory writ
OF mdnddmus issued in pursuance thereof.
Costs against defendants.
AN OFFER TO AMEND.
Immediately after the decision had been
announced, Judge Crump. on behalf OF the
old Board. said that one OF the points, a.
he understood. raised in the opinion was
that the return did not show the original
organization OF the present City School |
Board into classes so as to provide for their
rotation in office, &c. He said he would ask
leave to amend the return with specific
evidence Of the fact il the opinion OF the
court could he influenced by that evidence.
The Judges were, however. unanimous in
deciding that the failure OF members to
take the oath made the body an Illegal one.
THE EFFECT.
The new Board will take possession as
soon as the order in this case is certified
down, and that Will be very quickly; for
the court closed up all its business for the
term Yesterday and adjourned.
According to the order entered the pres
ent Board must surrender to the new one
all their possessions as Board.
The decision Will not affect 4. NJ. Gar
nett, Esq, Superintendent.
The secretary Of the Board DANES III.
Peay, Esq, now is chosen by the Board on
the fourth Thursday in May, and an ordi-
nance provides that the choice shall be con-
firmed by the Council.
Hitherto the Mayor OF the city has been
er-o6icio president OF the School Board. |
The Readiusters have all along claimed
that that was without authority OF law.
The question was not up in this case. The |
oninion OF the Court does not refer to the
Mayor's position; but it is understood that |
the new Board will not recognize him.
The expectation is that very little will
he done bv the new Board in the way OF
making changes for this session-now |
rapidly approaching its close. Colored
teachers for colored schools will no doubt |
he the platform OF action for next session.
some OF the teachers now so employed are
whites; others colored.
CITY APPROPRIATION.
The Council has made no appropriation
for nublc schools for this year; but ii
nassed a resolution setting apart $4,000 to
the snecial contingent fund, from which
school expenses may be paid when ordered
by the Council. This resolution the Mayor
vetoed. the Common Council passed it
over his veto; the Board OF Aldermen VIII
act upon it Monday night.
Painful Accident In Manchester.
Yesterday morning about 0 O'Clock Josie
Du Val Robertson, the little hye-year old