The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-11-14
PUBLIC SCHOOL QUESTION.
POWER or THE STATE STPERIS-
TEyDREr OYER OUR CI7k SCHOOL,

n Any Are Closed He Has Power TO Reopen
Them and Appoint = Corps OF Teachers.
or He May withhold the City's share of
the Public school Funds OF tho state.
ALBANY. Nov. 13.-If tho public schools in
any OF the borouehs In New York city should
be closed by reason Of q lack OF appropriations
TO maintain them for the remainder OF the
school year the State Superintendent OF Public
Instruction has ample power to reopen the
schools and 10 appoint a corps OF teachers, or
could withhold from New York city the 81 191.-
223 which the State pays that city annually
out Of the free school fund.
The existing condition in Now York city 10
discussed 10 letter which Deputy State Super
intendsnt OF Public Instruction Danforth Il.
Aiasworth has written in reply 10 commune
cation from Mr.. Edward l.. Stevens. the Queens
Borough Superintendent OF Schools. Mr..
Stevens asked to be advised as to his duty In
enforcing the compulsory education law In
case the schools In his borough were closed.
In reply Mr.. Ainsworth said:
Your duty and that Of the Superintendent
10 limited to the provisions OF the compulsory
educational law. ana Hereunder. unless the
school 10 In session. no ono can be punished
for not placing their children under instruc-
tiop. cannot SEQ how that statute has any
bearing upon the case.
in II. Sty % Nc. t.fs ap,
s ,9n Of tss PGep'w whi s nsS.
wa. an e .V 70 3. eofrccsd S there
SSsss 2 ii: STATE u sspsaInsS SGss e:
y .I.$s; r. M ~ NJ ROM Ss
ference by State authorities. and now the
school. are IN such condition that some
VIZ. that the State shall maintain a fres sy.:
ten OF common schools wherein all the
Municipal government in this country has
m yet Zach sss, o
whether II would have a school or whether
it,, would not The whole ,prl9acipll:
raised t General tassoa oG sSa ais aPf
.S the Localities, implies , that the locality
S:m and 'f have n.vsF
and do not now think, that the city OF New
York. sven under IL charter. has a rlGht to
sissributioS Of the IRE. school fund raised By
State taxation.
in 1867, when the corporate suthoritiss OF the
sity OF Elmirs neglected TO provide by tax the
schools OF that city for the school year. and the
Board OF Education assumed to close the
schools and dismiss the teachers. employed.
sgthoritis. levy and collect the same tax in
lsa. for The, sugBo,t o. the school: a, wa;
d. superint.ndent Of Public fnstruetioSn na as
his order was complied with.
The school authorities OF Watervlist. 10 the
year 1897. failed to open the schools OF that
city by reason OF a deadlock In tho Board OF
intsndent OF Public Instruction. who JADE an
order directing tho local authorities TO open
the schools on certain dav They refused to
scmpy win his order 4 that respect ia th.n
full corps OF teachers, the truant officers.
Janitors and II brar ians. and placed them in
charge OF the school system ofthat CITY. Certain
restrain the Superintendent from opening the
t,ublic schools. which was argued beiora Judge
chester a the Albany special term. In Novem
for an Injunction. holding that the State at
large was az much interested in the main
tenance OF public school system In the city
OF Watervliet as was the locality itself inter-
tenn OF public schools. maintained largely by
by general taxation. and that when the local
authorities refused to perform their duty under
tire statutes, the Superintendent had power to
CON plianes with the provisions Of the Constf-
case 10, very Interesting and lays down the
principle very clearly that It 10 II State and not
"It seems to me that there il still a third
aspect TO this case and that Is that the State
Supsrin dent has abundant authority under
the city, 81 New York the pub llc school funds to
which 1t would otherwise be entitled. II II
isils to comply With the provisions OF
X,sId 70 maintaining common school system.
This might be drastic remedy. but. in my
isdgmsnt.. either thst or the one pursued
regarding the city Of Watsryliet is tho correct
cation law would not furnish the reist which
you seen to consider II does"