New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-12-05
JACKS0N'S,
9Th Avenue, cor. 18Th Street.

prevent the Mayor from removing the heads of
other municipal depar ments and so II would
II not for other provisions OF the charter which
abolish those offices and give the Mayor sp"ciH-
power TO appoint heads Of the new department
created. This is done in part by Section Lois.
which abolishes all Offices forming parts 0: tho
various local governments consolidated. except rs
herein otherwise expressly provided Now n
the Board OF Education. there are express pro-
visions made for 1t is declared In Section No
loSl that its members shall serve out In the School
Board the terms for which they were appointed
as members Of the Board OF Education. and also
that the Mayor tha appoint their successors as
their terms respectively expire.
1T Is also provided that vacancies In any OF the
School Boards caused by death. resignation. re-
movaI from the borough other cause shall he
filed by the Mayor for tho unexprod term There
Is no provision. however. for filing any vacancy
| that may occur in the Board OF Education during
| the month OF January. but probably no one would
question the right Of the Mayor TO act In case Of
a death resignation. The main point. however.
IS not as 10 the Mayors power Of appointment In
case vacancies occur in that month. but as 10 his
power to create vacancies by removing the incum-
bents As TO that It Is entirely clear to my mind
! that no power OF removal exists"
RETICENCE AT THE CORPORATION COUN-
Sells OFFICE
| Al the office OF the Corporation Counsel reiuc-
lance was manifested as to the expression OF any
| opinion on the subject. inasmuch az It was ex-
pec,cd that the question would be presented 10 the
office formally soon after the beginning OF the year
| One OF Mr. SCOTS assistants said. however. that
| he did not regard II as matter OF great impor-
| lance and his manner Of dealing with II crea ted
the impress sion that unless the feeling OF the Office
changes in the course OF month, the opinion
which will be written Will be adverse TO the con
tention OF those who are anxious TO see the new
Mayor make a sweep In the Board Of Education
| Charles Strauss. formerly member OF the Board
| OF Education. but who was not retained In Office
by Mayor Strong. when at his law office In
| Broadway. said that In his opinion the incoming
| Mayor would have the power OF removing all mem
bers Of the Board OF Education. But" added Mr..
Strauss II think 1t would be very unwisc thing
for him TO do. and should advise against his ex-
| ercise OF the power The men now In the Board
| Of Education are responsible for the system in
force and think they should have fair chance
10 show what can be done with It,"
Mr. Strauss intimated that Mayor Strongs APP
pointments Of members Of the Board OF Education
last month were either unnecessary or Illegal. In
asmuch as II It were conceded that the Board in
It's actual membership was to become the School
Board in February. the law must mean the Board
as IL existed at the time OF the passage OF the
charter He took the same ground also In refer
ence the Brooklyn Board. one-third Of the mem
bers OF which appointed last June. thirteen
OF the former members and two new men HAVING
been named by Mayor Wurster. and said he was
inclined to think that the two new members
could not legally become members OF the Schoo
Board for that borough.
The views OF Randolph Guggenhelmer. President
elect OF the Municipal Council. were also sought
Mr.. Guggenheimer was formerly a member OF the
Board OF Education. but was put out by Mayo
Strong under the general power OF removal con
ferred by a special act In 1896 He admitted tina
he had heard some discussion Of the question bu
| declined TO express any opinion regarding H. oi
the ground that he had not had time to giv'
special attention to IT, lie also refused to commit
himself when asked whether he thought II would
ne wise for Mayor Van Wyck to exercise such
power II he believed that he possessed 1t.
MR.. DE WITT EMPHATIC
When william c. DE witt. formerly Corporation
Counsel of Brooklyn who was chairman OF tn
Charter Commissions Committee on Draft and d
more work than any one else In preparing tn
| oharter WAS asked whether the new Mayor wa
.mpowered to remove the members OF the Board
OF Education, his answer was an emphatic DE
| c,dedlv not" After looking over the sections o
the charter relating to the Mayors power OF re
rnovaI and the establishment OF the school boards
Mr. De witt said:
9TH. charter provides expressly that the mem
ho,a NJ the present Boards OF Education shall re
main in office until February next when their sue
ccssors are 10 into being; For TINS brie
neriod OF their existence they Will hold py expires
warrant Of law, as bnoing upon e err, ~ hs tbci
opn succe.sors as school boards for the borough
Of Manhattan and the Bronx and ior ahe boro ns,
form they will not be within the range OF thc he'
, government. l may add that members rS Ss o ar
Of S hs M a%o sns
Q movaI TO be exercised during the first fix mon'h
OF his term. 1t will be seen by close reaH,ns
nominaily school boards from January to Febr,
airy j, although confined to the discharge OF tnS
1 old duties. This plainly brings them wi'h'h III