The daily morning journal and courier., 1897-12-11
THE BOARD OF EDUCATION
INTERESTING DISCUSSION OF KNOT- TY QUESTIONS IN NEIV CHARTER.

Held at the Meeting Last Night-Principal
 scudder's Report on the High School
 Lunch Counter-Resignations and Ap-
 pointments-Board Employees Must Com
 ply With Civil Service Rules.
 The board of education held regu- lar meeting last night in the board rooms on Center street, with all the members present. The business trans acted was chiefly routine, the most in- teresting part of the session being that devoted to a discussion of those sec- tions of the charter concerning matters pertaining to the board of education. Some time ago letter was written by Clerk Hewlett of the board to Mayor FarnsWorth, asking information as to the interpretation of certain sections of the charter in so far as they effected the rules and business of the board of edu- cation. This letter was referred by the mayor to the corporation counsel and last night letter was read by MT. Hooker, chairman of the finance conn., mittee of the board, from Corporation Counsel Ely, giving his opinion on the questions asked in the letter from the board. The first question asked was, | Docs article 5, section Il, page 8, ap- ply to written contracts made by the board of education?" The section in | question says that it shall be the duty of the mayor to sign all bonds and deeds and all written contracts of the city made by the court of common council or any officer of the city in l accordance with authority conferred on them by the charter or the ordinances. | In answer to this MT. Ely replied that | it seemed to him that there was no reason to expect the written contracts and the bondsissued for such purposes | from any other contracts or bonds in writing. He stated that the signature | Of the mayor to contract was evil | dence that the contract was made, and | the writing itself is an evidence of what the contract was. He stated that | though article 5 of section Il of the charter applied to contracts entered into by the board of education as well as those of other departments of the city unless there is some special provision to | case. Mr. Ely stated further that sec- tion 22 of the charter seems very expli- cit and provides that the controller shall have the inspection and supervi- sion of the accounts of all other de- | partments and officers and provides all books stationery and office supplies necessary for their use. Sections 107, 10S and 109 of the charter provide that | there shall he a department of educa- | tion and prescribes the duties of that department In these sections there is nothing that accepts the board of edu- cation from the provisions of section 22 l MT. Ely then says: Tn the absence of any specific provision excepting, then l think that the controller is the proper person to furnish the stationary and of | flee supplies of the board of education" Further on in his opinion MT. Ely says that in his opinion all the employees of | the department of education are not
 excepted and must duly qualify under the civil service rules. He said that
 when the board of education is not au-
 thorized to make special contracts it is
 governed by the provisions of the char
 ter and the disposition of cash balance
 on hand in the department of educa-
 ton at the end of the year rests with
 the court of common council, which
 may charge such balance up to the
 board of education as part of its ap-
 propriation. President Whitney of the
 board of education thought that the
 common council had nothing to do with
 the appropriations for schools and that
 the board of finance had sole charge of
 that. He thought that perhaps MT. Ely
 meant board of finance when he said
 common council in this part of his opin-
 ion.
 MT. Moran thought that the only
 question was as to whether or not the
 court of common council could decrease
 the amount allowed by the board of
 finance, but thought that the common
 council could not divert money appro-
 priated for school purposes.
 Another question asked of the mayor
 by the board of education was concern
 ing the issuance of the district bonds
 authorized by a district meeting about
 year ago. The corporation counsel in
 regard to this asked that a copy of the vote taken at that district meeting be transmitted to him and also further
 facts Tn regard to the matter, WneH He will give an opinion. The finance com-
 mittee was finally instructed to confer
 further with the corporation counsel
 concerning the matters covered in the
 opinion.
 Superintendent Kendall stated that there remains $250 in the library and apparatus account which cannot be spent wisely until January l, and asked if there was any one in which this amount could be set aside. The matter will be considered by the finance conn.,
 mittee In his monthly report MT. Kendall spoke of the contributions of
 school children to the charities during
 Thanksgiving week, and said that the
 children were encouraged in this in or
 der not only to help the poor of the city , but also to teach the children to be mindful of others. He stated that the total contributions of the schools amounted to 100 barrels full Mr. Ken dall read the following report of Prin- cipal Scudder on the lunch counter re-
 gently established at Hillhouse High
 school:
 Ut was found on investigation that T,1aDyr ctI15aOtS nopoa fo school 1fthr