The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-02-10
rns state Board.s Technioalities.

The State Boaru iochiiionSaoS'
We have stated heretofore that the State
Board Of Education has based upon tue
fhinnc~t OF technicaiities its claim TO have
she right TO turn out the trustcese Of the pub
he schools Of this city and Oh thcir places
with appointees Of its own Judge
FRxxca's opinion sustaining his decision
that the state Boards claim h totally IN
founded argues the questions involved sn
MI Of their various aspects. There is one
point, however, which be failed to iaaSe'
which, II not free from objections, Is az
least as good point ss any OF those I" 'oe
State Board.
We ouote once more the law under whcn
me State Board has claimed the rssht 10
TAKE possession Of the public schools OF TINS
city and place them under the conaroi Oh
men whom nine tentils Of the white voters
Of ,bis city would vote against II these ap-
poIntees were candidates for the Office they
seek 10 obtain. The law Is as follows:
7. School trustees already in Office IN
c,t;es by appointmcnt OF the Board oil
Educatlon. and members OF any city board
~ education created by the municipal
authorities thereof, shall constitute inc
city school board. So far a. the number
and locality OF these officers respectively
meet the condition prescribed in this acl
and anv defciencieS which may exist IN
the beginning. and all racGncteS which
may afterwards occur in the School Board
NAV be supplied nj any time within SHY
slays affer their occurrence, by appoini-
mcpts made by the City Council: pro-
yjded. however, that rs soon as may be
after the passage Of this act the Ciy
Council Of such cities shall designate when
Of the trustees then In office shall go OUT
of office No the end OF one year, which at
the end of two. and which at the END OF
three Years. Should the City Councli I'D
any case fail TO act within the time pre-.
scribed, Il shall be the duty OF the Board OF
Education TO I'll the UdcG'cy or vacancies
without further delay.
Conctding that under this law the State
Board might under certain circumstances
acquire the right to appoint trustees OF the
public schools of Richmond, let us Inquire
rs to what these circumstances arey Does
this law provide that any action or want OF
action on the part Of the city Board OF
Trustees shall devoIve upon the State Board
the power OF appointing trusteesY by no
means. 1t provides for filing "yacancies y
oscasioned by the failure OF the CITY
Council TO net "withln the time pre-
scribed." What is "the time pre-
scrlbed?" Sixty days after the occurrence
OF n vacancy in the School Board. Now,
has the City Council Of Richmond ever
failed to ill vacancy under these circum-
stances? Never. 1t has promptly filled
every vacancy which has occurred. Either
this is true, or else the City Council has
power to declare that vacancies exist IN the
Board Of Trustees Of the City Public
Schools, although its own appointces may
be holding the Office. II 1t cannot decide
for itself when such vacancies exist, then
IL cannot possibly so fail to fill vacancies rs
to give to the State Board the power to fill
them. II it can decide for itself when va
cancies exist, then the State Board hns no
case, as the Council has decided for itself
that there are no vacancies.
Again III we take the Stale DOhTu III lls
own word. il is trying to appoint trustees
for the Richmond public schools, not be-
cause the City Council has ever failed in its
duty, but because certain appointees OF the
City Council have neglected a duty de-
volved upon them by law. In other words,
the State Board clsims the power to remove
the trustees OF the public schools Of Rich
mond, and TO take away from the City
Council right guaranteed to that body by
law; and this not because the City Coun.
ell has knowingly failed in any duty, but
because somebody else has been guilty OF
laches.
The City Council has never failed TO
elect trustees OF the public schools. The
trustees elected have never failed to serve.
They have always taken the Office. There
have been no vacancies. The State Board
usurps power which does not belong to
il when 1t undertakes to vacate the offices
OF school trustees in Richmond or any
where else.
The city's efficient, faithful, and capable
officers will of course refuse to surrender
their trust into the hands OF the Coalition
ists until the Supreme Court OF Appeals
shall decide against their right to hold their
Office.