New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-12-05
VAN WYCK'S POWERS.
CHARTER PROVISIONS AS TO EXISTING
BOARDS OF EDUCATION.

PLOT ON THE PART OF SOME TAMMANY MEN
TO GET RID OF THEM AND PUT THE OLD
GANG IN PowER-wHAr THE LAW SAYS
STRONG FEELING THAT NO POWER
OF REMOVAL EXISTS.
" certain Tammany lawyers who are endeavor-
ing 10 exert influence on the hrst administration
Of Greater New-York are successful In the plans
th.y have laid. Mayor Van Wyck will In January
undertake 10 remove all the members OF the Board
O, Education and appoint new Board, which VIII
become the School Board for Manhattan ana Inc
Bronx on February l. in accordance with the
charter If his advisers convince him 'hat ne
has power TO make new Board Of Education for
Manhattan Bronx II Is expected that he VIII take
a Ike course respecting the Brooklyn Board OF
Education.
One Of the men implicated In this Tamman!
Mot said few days ago that he entertained no
douht ms 70 the power OF the first Mayor 10 re-
move all the members OF the existing ooards. ana
added that he would be surprised to see TWO
RoarSs OF Education in this city soon atter he
beginning Of the year There are o'her
Tammany men who while asserting that Mayor
Van wyck has this power on account OF the way
IN which the charter is drawn. are outspoken In
declaring that It would be most unwise for MN
IN exercise IT, and say that II they are consulted
on this point they Will advise the Mayor to leave
the Boards OF Education alone
The men concerned in framing the charter. all
IMPARTIAL students OF that instrument and the
friends Of reform and progress In the schools OF
the city are a unit in believing that the charter
gives the Mayor no power 10 tamper with the
Boards OF Education. and they say that his doing
so would make him exceedingly unpopular A. the
outset OF his administration and arouse storm
Of indignation the part OF the community IN
general
WHAT THE CHARTER MAKERS MEANT.
There Is not a particle OF room for doubt As TO
the intent Of the trainers OF the charter In this
,rs..er To ascertain IT, II is not necessary 10 con-
sult the members OF the Charter Commission 1t
is only necessary to turn TO the drart OF the
charter which they submitted 70 the Legislature
last winter According to the official copies OF the
charter as passed. Section NO 80 relating 70 'he
Mayors power OF removal. says:
"At any time within six months after the com
roencement of his term Of Office the Mayor. elected
for a full term may, whenever in his judgment
the public interests shall so require. remove from
Office any public officer holding Office by appoint
,nent from the Mayor. except members OF the
PICARD OF Education and School Boards. and ex-
cept also judicial officers for whose removal o'hef
nrovision IS made by the Constitution.
In the draft prepared by the Charter Commission
tina language used except members OF the
Boards Of Education and School Boaris II the
letter IS" had not been dropped In some way.
nresumablv by accident while the charter was
hating sc,tated I'm certain circles would never have
.rss, With the plural boards It IS plain that
.hs trainers Of the charter meant that the ex-
,t,ng Boards Of Education In this city ana BrooK-
lvn should not be disturbed by the incoming Mayor
snt that in their personnel they should become
School Boards on FEBRUARY l. ar pio'iueu ~ "N
ton No OSl
Taromsny lawyers however. In constituting the
section quoted, put the matter in this way:
The BOARD OF Education referred TO in Section *
"a not the existing Board in New-York or brooklyn
mn, tho BOARD Of Education provided for by the
rev charter, which will not come into existence
r,.u .o,oa time IN February. Hence there Is No
res,r,c,on on the power OF the Mayor to remove
members OF the present BOARDS ana appoint 'hei'
successors al any time IN January Ater the De
ginning OF February. OF course. there VIII ne NC
power OF removal as the Board OF f.dnca'oh VII
then be a School Board During January ho"e'ef
there will be an interregnum. and the new Mayor
will have the mower TO remove and appoint as ht
chooses and the Board so made up Will be the pou!
that on February will become the Schooi BOAR
for Manhattan and The Bronx. the meh'pe's
which will out the terms for "hich W.
we're appointed members Of the Board OF Euu
cation"
NO POWER OF REMOVAL EXISTS.
Briefly nut. that f. the argument Of the lawyers
who contend that Mayor Van Wyck can 90 as NJ
plea,es with the Board OF Education In January
The argument on the other side. RS given py
lawyer who has studied the charter ana especIa''
the part Of It relating to the Department or ECU
cation with care, is substantially as follows
MY frst impression derived from looking nj I'M
charter was that the men on the other side OF I'M
question were right, and that the power OF re
moyal existed although believed that II was IN
intention OF the men who drew the charter u
have the Boards of Education as constituted PRO
10 the taking effect OF the charter become IN
School Boards for Manhattan Bronx and for Brook
1vp ~ &c YIa iplv N
that the original draft OF the charter forbade tn
Mayor TO remove members OF the Boards or Ecu
cation The word boards was changed to board
after the charter sent to Albany. whether b.
accident or design DO not know. The presump
ton If that the IS was accidentally dropped, pu
II that particular question should come before tn
courts II is possible that they might hold that
was omitted by design.
But ] do not think this matter will hinge o.
that point There is no doubt that the Board o
Education I'm existence on January 81 Will becom
the School Board on the following day. VIII tina
Board be composed OF the members Mayor Va
Wyck nnds in ONCE January ]. or Will he
ne mean time remove them and appoint others !
heir places? 1t ell depends In my Judgment o
whether he has the power to remove them or no
The answer to that question Is TO be found
Section g. which says that the Mayor may
remove from Office any public officer holding ofiic
by appolptment from the Mayor. with certain e,
ceptions. The only Mayor referred to must be IN
Mayor Of Greater New-York. and. OF course ne
:. single member of the Board OF Eoucauon hoio
snhce by appointment from him.
~ xniRht be said that such construction Woul