The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-01-06
Careless Legislation.

OF course the trainers OF the laws upon
our statute-book never dreamed that law
which they passed IN order TO keep the
public schools in operation would ever be
used for the purpose of damaging these
schools, or OF putting over them officials
not selected by the persons most con-
ccrned IN their success. Yet the State
Board Of Education would like to
strain law providing that no va
cancies shall exist IN City Board
81 Trustees OF the Public Schools so
as 10 give that State Board the power to
appoint new City Board of Trustees alto
gether This the Board OF Education has
no right to Go. The State Board OF Edu-
cation has no right whatever to interfere
with the operations of the Board Of Trus-
tees OF the Public Schools OF Richmond.
We arc sure that it has not II it claims to
lie acting under section OF chapter 70 OF
The Code of 1873. That section reads as
follows:
:. School trustees already IN Office in
cities ~ appointment OF the Board Of Edu-
cation, and members OF any city board
OF education created 10y the municipal au-
fhorities thereof, shall constitute the city
school board, so far as the number and To-
cality OF these offices respectively meet the
conditions prescribed in this act (; and any
deficiencies which may exist in the benin
ming, and all cdcdncieS which may after
wards occur in the school board may be
supplied at any time within sixty days
after their occurrence by appointment made
al r.rNxtIa1a
that rs soon as may be after the passage OF
this act The city council OF such cities shall
designate which Of The trustees then in
Office shall go ont OF Office at the end Of
one year, which ut the end OF two, and
which ut the end OF three years. Should
the city Council In any case fail 10 act
within the time prescribed, It shall be the
duty Of the Board Of Education to ill the
s,ecdncy or cacaacieS without further de-
lay.
But II there are no deficiencies" and
no vacancies" then the State Board oil
Education does not have the power 10 ap-
point. The law evidently means actual
vacancies '-not merely what would be
vacancies II the trustees were to die or Nc
rnove from the city. The law was intended
TO prevent schools from being stopped OF
dmmaged by the neglect OF city councils to
nh vacancies In the Board OF Trustees.
There are no such vacancies In the Board
OF Trustees OF the public schools OF Rich
mond. The members have all performed
their duties; apd Il any Of them are hold
ing on under an election made more than
three years ego, as we do not know that
any are, they are still acting constitutionally
and there are no 'svscancies"; for the
Constitution OF the State provides as fol-
lows:
ssJndges and all other officers, elected OF
appointed, shall continue TO discharge the
duties of their Offices after their tcrRs Of
service have expired until their successors
have qualified"
The trustees Of City School Boards are
State officers, and conc under that proyi-
sion OF the Constitution. The language Of
she law itself shows that il was never In
tended by the Legislature that the State
Board OF Education should do moro than
nlI actual vacancies.v TO stretch power
10 Oh vacancies into power to take charge
OF the schools OF this city Is what we do
not believe the Supreme Court OF APP
peaIs viii allow, notwithstanding that by
careless legislation the General Assembly
lsas seemed to confer this power upon the
STATE Board Of Education.