Los Angeles herald., 1891-09-23

s'Whom have we elected?" This SEN
tence is now on the lips of every mem
Der Of the board of education, for the
reason that there are at least two per-
sons who can legally call themselves
members of the board, and there is but
one vacancy. This extraordinary con-
dition of things was all brought about
by rulings of the chairman, who argued
that five votes are necessary to pass a
measure or elect member. This ruling
was knocked out by the following opin-
ion presented at meeting of the board
yesterday afternoon in response to re-
quest from the committee appointed
Monday night:
Hon. Board of Education.
GENTLEMEN In response to your in
quiry as to whether or not woman is
eligible as a member of your board, l
reply as have already answered that
question to your president.
AS to the other question, whether or
not rule % OF your board is valid, re-
ply that section 70 of the charter pro-
Vides that majority of the members of
the board shall constitute quorum for
the transaction of business. The same
section provides that the board may de-
termine the rules of its proceedings.
The right given the board to pass rules
regulating Its proceedings does not give
il the right to pass rule which would
nuIlify the provisions of the charter.
Rule 23 being in conflict with the pro-
visions OF the charter is therefore void.
Very respectfully,
CHAs. MCFARLAND,
City Attorney.
The answer referred to by Mr.. McFar-
land is as follows:
To R. H. Boal, President Board OF Education:
DEAR SIR-In response to yours of the
18th, inquiring whether or not woman
is eligible to a position as member of
the board OF education, reply that
am of the opinion that she is not.
Section 203 of our charter provides
that no person shall be eligible to any
municipal office who is not qualified
electoT OF the city, etc. A woman can
not be an elector and consequently is
not eligible.
It is claimed that an act of the legis-
lature passed March 18th, 1874, which
provides that "woman over the age of 81
years, who, as citizens of the United
States and of this state, shall be eligible
TO all educational offices within this
state, except those in which they are
excluded by the constitution" governs
over the provisions OF the charter.
/ do not think the legislature at
tempted to or intended by this act to
prevent cities from providing the quail
fications OF its officers. However,
great deal can be said on both sides OF
this question, which is one of great
doubt, and unless the stock of eligible
men have run out and there is an imper-
ative necessity for the appointment of
woman, think it would be much safer
to appoint man to this position.
Very truly,
CHAs. MCFARLAND.
City Attorney.
The opinion of the city attorney
virtually decides that the chair is
vacant. Four members voted to oust
the chairman at the first meeting held
that five votes were necessary to decide
the motion.
After the reading of the city attorneys
report, Mr.. Gaffey said that in his
opinion the chair was vacant.
President Boal said he understood
from the report that he had no right
to the position.
Mr.. Gaffey continued-The only way
to settle this matter now is by recourse
TO the law. The city attorney thinks a
woman ineligible, and some of the
board think she is. Let US adjourn to
Monday night, and in the meantime
Mrs. Severance will mandamus the city
clerk election, and the matter will be
settled in the proper way.
Mr.. Wilmer could not see that the
board had elected any one, and moved
to proceed to the election ORA member.
A motion to adjourn was lost, and
alter some talk Monday evening was set
for the next meeting, and the board
adjourned to that time.
After the meeting City Clerk Teed
was seen. He said he would not issue
q certificate of election under the city
attorneys opinion.
Mr.. Gaffey was asked why he as
sumed that Mrs. Severance had been
elected when Mrs. Hughes received the
same number OF votes. He said that
after the four votes were cast, motion
was made that Mrs. Severance be de-
clared elected The vote on the motion
stood to 2, and under the ruling of the
city attorney Mr.. Gaffev thinks Mrs.
Severance should be seated.
To many persons the matter does not
seem very clear, and the question is
open to strong argument on the part of
either side. Mrs. Hughes was certainly
elected first, but Mrs. Severance was
declared the choice of the board by
special vote.
On the whole the difficulty appears
far from settlement, and contest for
the vacancy will be the next move in
the fight.