The morning call., 1894-12-20
BOTH SIDES TALK.
Judge Wallace's Decision
Commented Upon.
PRESIDENT HYDE PRAISES 1T.
Barrett and Troy Hold Different
Opinions.
PRESIDENT HYDE PRAISES 1T
;ASE WILL NOT BE APPEALED.
Hyde Says That His School Reforms
Have Been Saved by Judge
Wallace.

tner6 nau Deen no candidates elected TO
fill the unexpired terms on the Board of
Education was received with marked ap-
prevail by President Hyde yesterday,
while Messrs. Barrett and Troy took
decided opposite view of the case.
Mr.. Hyde thinks that all the reforms
which his partisan assistants have put in
force are now safe. lie unprecedented great
danger il Judge Wallace had decided
otherwise for his pet measures. He said
when seen yesterday:
Il suppose that it is the general impress
sion that my opposition to the seating of
the two men who claim to have been
elected to fill the unexpired terms was a
personal one without a principle back of
it. Such was not the case. ] believed that
it was my duty to preserve the present
majority in the Board of Education. for
am informed that, had the balance of
power been changed, many OF the reforms
which we have lnaugurated would have
been repealed. FOrinstance: The present
system OF appointing teachers ls, to my
mind, one of the most signal reforms that
mas been inaugurated by any board. The
School Directors are entirely Invested of
patronage, the appointing power being
given to a committee from the faculty
of the university. which ought to be
as nearly unbiased and as an intelligent
as any committee that could be selected.
SAT meeting held on the 14th of No
vember, Director Clinton gave notice that
at the second regular meeting in Decem-
Der, he would move amendments to the
rules regulating the appointment of leach
ers, which would, in effect, give the ap-
pointing power to the City Board of Ex-
aminers instead of to the faculty of the
University. each Director nominating
candidate for each vacancy. THIS Board
of Examiners Is composed of four teachers
elected by the Board of Education. Of
course good Board of Education would
nominate good Board of Examiners and
vice versa. The system thus proposed is,
to my mind, far worse than the former
one, when the nominations were made by
the individual School Directors. Under
that system we got certain proper ion of
good teachers, because even the minority
members had the right of appointment;
but, with such Boards of Examiners as
have known to exist in this city in times
past, there would be no surety that proper
appointments would be made; and what
has occurred once may occur again.
ut is understood that. II the two men
who claimed that they had been elected
had been seated, they would have worked
with the minority, and it is therefore fair
to presume that the amendments would,
in that case, have been adopted.
"There are other propositions which
have been freely discussed as under con-
tenn lation by the board if it had been re-
organized. and while 1t Is true that any
bad legislation during the next ten weeks
might be repealed by the next board it
must be remembered that it takes seven
votes to repeal a measure as well as to
enact 1t.
"You ask il the matter can be carried to
higher court. Whether it can or not
would make no difference now, Tor the
term OF the present board is nearly closed.
and during that time they wonld of course
act under the decision of the Superior
Court, There is no process for staying the
action of the board, nor for making any
change, even if the Supreme Court were TO
ultimately decide otherwise. But the
proposition is such plain one that Won
der that any contest was made about it.
There were three vacancies and only two
persons claimed to have been elected.
ut is generally supposed that the new
board will make but few changes in the
rules that have been adopted by the pres
emit boerd-especally in what are called
the reform measures'-so we feel that If
we can hold the fort unit! they come in
the reforms will be safe.
AZ think there is much credit due to
Judge Wallace for the prompt manner in
which he decided the case. The board
was in a tangle, and had he chosen to hold
back the decision we would not have been
able to do current business. but within
twenty-four hours after the question was
submitted TO MIN he 0du u6Clutu IL. 10lS
is commendable and in striking contrast
to the dilatoriness Of some other Judges in
matters of importance which have lately
arisen"
Mr.. Barrett accepted his defeat very
or tcefully. He had no complaints TO
offer when approached yesterday. Il will
submit to the will OF the court, said he.
cit would scarcely be worth the time and
expense to carry the case into the higher
courts. There are only two more weeks
left before the new board comes into
power, and then it will be time enough to
examine the so-called reforms of the
Hyde administration.
81 have consulted my attorney. Mr.. Bag
gett, and he is of the same opinion as N.Y.
self. Although | have an excellent case.
he thinks, yet he would not advise me to
carry It into the Supreme Court. as we
could hardly expect decision before the
new board goes into Office.
II do not know what course of action
Mr.. Troy intends to pursue. l hardly
think that he will push his case any fur
Their.
1.-THE election was decided on techni-
cahty. | hold that errors should not
thwart the will of the people. If this de-
cision is to go unreversed it will be most
difficult to conduct valid election. AL
most any attorney can discover some little
flaw in any election, and II this be the
case according to Judge Wallace's ruling
the voice of the people can have throttle