The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-02-04
The Alleged Vacancies.

We return 10 the subject OF the yacan-
c,es alleged to be existing IN the Board OF
trustees OF the Richmond public schools.
We did not by any means end the arg'i-
NEXT Yesterday. On the contrary, the
strongest points remain yet to be stated.
We think we can show that the state Board
has no; q color OF right to remove the pres
cnt efficient, vIgilant. and industrious
school trustees OF Richmond. An act OF
Assembly approved July II, 1870, contains
the following:
10. every person appointed schooi
trustee shall be promptly notified OF ms
,pnointmcnt by the County Superintend-
on; az Schools, and unless within ten days
thcreastx he shall inform the said county
s,,ncrintcndcnt i'm writing that he declines
he shall be regarded a. in office and sub
loci 10 All the aws and regulations per-
tanning thereto
Now. here is proof positive that there
were and are in the Board Of Trustees OF
the Public Schools OF Richmond no vacan-
cics for the State Board 20 Gil, and no yscan-
cies OF any SORT. SO Ear were they from noti-
fylng the City Superintendent OF Schools
that they declined the appointment that
they went OIL in the performance Of their
duties as school trustees, and have never
for moment relaxed their efforts to pro-
mote the efficiency Of the public schools.
Will Il be said that the section we have
quoted applies only to county superintend-
ents? Not so. An act Of Assembly APP
proved March 81, 1871, provides as fol-
lows:
90. All tho school trustees in city or
town shall constitute single corporation
undtr the style OF the School Board OF the
City for Town Of -; chich ShaI mace
the same officers, pO,oorS, and duties, as or
binary boards Of district school trustees
except as otherwise provided"
The act OF July II, 1870, leglslates into
Office. without bis consent otherwise eX-
pressed than by emitting to decline the
office. every person who shall have been
appointed school trustee. 1t guarantees
the Office to every such person. II makes
OF such persons 4 lawful board. 1t dis
pcnses with all formalitieS, and enables the
trustee TO enter upon his duties without
notifying anybody that he is going to ac-
cept the trust, and without any parade OF
any sort. The law is not 4 novel one.
Congress in 1892 passed a similar law in re-
card TO The President and Vicc-President
OF the United States. II reads as follows:
section II. "Thc only evidence oSa re-
fasal TO accept the Office of Prcsi-
dent OF Vice-President shall he IN instrU-
ment in writing declaring the same, and
subscribed by the person refusing 10 ac-
ccp,,n &C., Sc.
So IL is under the Virginia law as to
school trustees. The only evidence allowed
by law 10 inyalidatc their claim 10 their
office is an instrument in writing declaring
that they decline TO accept the same. Their
omission o'declinc il writing makes them
officers and imposes upon them all the du-
ties Of school trustees. This is directly In
the teeth OF the claim OF the State Board.
This Board claims that failure to qualify
in due time vacates the office OF school
trustee. The law provides, exactly to the
contrary, that unless he decline in writing
10 accept the Office, the Office deyolves upon
him with all its duties. Where are there
any vacancies for the State Board to fill:
Will it be answered that the Virginia law
we last quoted does not exactly cover the
casef Well. here Is one that does. The
Code of 1878, page 700, reads as follows
"The provisions OF an act entitled an act
TO establish and maintain uniform system
Of public free schools, approved July IL,
1870, save a. hereinafter provided, shall be
applicable TO cities and to,cns in like
manner as TO the counties Of the Common
wealth."
n that doesn't clinch the nail we can't i'm
agine what would. The act OF July II, 1870,
provides that unless he declines in writing
every person elected a school trustee in a
county "shaH be regarded as in office" ;
and the act of 1871 provides that the pro-
visions OF the act Of 1870 shall he applica-
bic TO cities and towns in like manner as to
the counties.