Telegram-herald., 1890-02-27

The ssprens Seart MAs Again has
oal1ed ca.

C@Ae~ $~%s
The act creating the TWO additional
wards, the Nlnth and the Tenth seems
10 be the cause OF considerable question
ia the minds OF the public. Now that
the supreme Court mas decided Il 70 be
legal and IL full force and effect, and
TIE aldermen and city and ward otfloers
are counting upon Il for the Apri
election, the question has been brought
20 the notice Of City Attorney Taylor a.
u hat the effect OF the ACT L on the
school trustees, and when the two new
wards are entitled 10 representation
on the school Board. Mr.. Taylor has
gwen the authorities Il hurried nspec-
ton, and though he does not wish 10
give an unofficial opinion, nor any al
ali on 50 short a notice, he says the
Supreme Court il very likely 10 he called
ou 10 give another guess AT the con-
strucnOn OF the act. When seen yes
terday, Mr.. TAYLOR said.
There certainly is q very pronounced
question as 10 whether there does not
now exist four vacancies on the school
board. The Supreme Court has de-
clared the charter amendment creating
the additional wards constitutional, and
the amendment has been IN force since
about October 3, OF 1889. Now the
act, SO far as can see, says nothing
about school trustees. They are neither
aldermen nor ward officers, their office
being created by special act passed IL
1887 and subsequently amended. The
charter does not include them at all.
.rhe portion OF the charter amend
ment relative 10 the election of officers
reads az follows, and Is the only part
that has anything u do with the
question of elections: That the
elective officers now holding Office
within that part of the said clty COM
prised of the Third, Eighth, Ninth and
Tenth wards as created by the act,
shall continue 10 hold the offices Tor
which they were respectively elected,
and To discharge the duties of said office
for the whole OF the territory for which
they were elected, until the officers are
duly elected and qualified, as provided
by the city charter, NJ the annual char
ter election on the first Monday IN
April, A. ID. 1890; ana after SAID date
the several aldermen whose terms OF
office shall not have expired, shall only
| in which they shall then respectively
reside; and at said annual charter elec-
/ ton in 1890. aldermen and other ward
officers shall be elected IN accordance
with the provisions of the charter OF
said city and the requirements OF this
act"
"There is no provision whatever there
| for the election of any school trustees,
a
| larly on the first Monday in Sepi~nber,
| is governed by the special act referred
| to. They can not be elected IN the
| spring, but as they are not ward officers
| IN the meaning of the act, there would
! certainly seem 10 be ground FOR the
! idea that a vacancy now exists, mas
much as the election last fall occurred
| before the act took effect. If there are
four vacancies at the present time, then
the Board of Education is, by section z
of the school act, empowered 10 nj
| them as follows: In case of the re-
moval from his ward OF any school
/ trustee, or of loss of him by
any reason of the quallflca-
tions requisite for trustee, or in
case of his death, resignation OF
removal from office, his office shall be
| deemed 10 nave pcCOlDc NdCdUt, anu
such vacancy shall be filled by the
Board of Education at the meeting there
of next after such vacancy shall occur
but the person so appointed shall hold
said Office only until the next regular
trustee election thereafter, at which
time, if the full term shall not have ex
pired, said vacancy shall be filled 10y
election
"There is no question but that the
matter is a puzzllng one TO decide on
and as shall probably be called on fol
an official opinion, should not wish
as | said, TO give one now. The amend
ment seems to make no provision VII I
ever for the election of any thoo
trustees, nor any representation o
school trustees for the additional ward
at any specified time"