New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-05-11
EITHER FRAUD OR ERROR.
ROCHESTER, SCHOOL BILL. SIGNED. BUT
NOT PASSED

Albany. May 10 (speciaD.-Is bill law which
never passed the Legislature although signed by
a Governor? It would seem that there can be
only answer to this question when it is ad-
dressed to the courts. but meantime till the
courts can act the people Of the city Of Roches-
ter will be bothered by Chapter 535 OF the Laws
of 1900, which was signed by Governor Roose-
Welt upon April 10.
The bill signed by the Governor amends the
provisions of the charter of Rochester with ref
erence to the powers of its Board of Education
1t introduced early in the present year by
Senator Armstrong and Assemblyman ROden-
beck, Of Monroe County, and was passed late in
February. IN its original form however, it was
not acceptable to Mayor Carnahan Of Rochester
and he returned it with the words Not accepted"
written across its face. It was then amended
desired by the city authorities and was once
more passed, on March % in the Senate and on
March % in the Assembly. Dispatched once
more to Rochester. it was this time marked
Accepted by Mayor Carnahan and returned TO
Governor Roosevelt who signed it.
INTERPOLATED PROVISIONS.
The Board Of Education of Rochester sought
to act under its terms yesterday, when the dis
covery was made that the new law 90 certi-
fed by the Secretary Of State contained certain
passed or acted upon by the Legislature. and
that these sentences seriously Circumscribed
the powers of the Department of Education.
Senator Armstrong Of Rochester, arrived here
to-day to make an investigation regarding the
bill, and examined the bill signed by the Gov
ernor which file in the office Of the
Secretary of State The clerks of the Secretary
OF State compared the bill in their possession
with that which passed by the Senate and
the Assembly. Senate bill No. 1874 certified
by the clerks Of the Senate and the Assembly,
and discovered that two interpOlatiOns Of
most serious character had been made in the
bill. The bill declared that any teacher in the
employ of the Department OF Education at the
time Of the passage of the act should be ex-
empt from conditions as to qualifications i'm
posed by the bill and by Chapter No Geo of the
Laws of 1s9S. and then added this sentence:
And all such teachers except supply teach
ers, shall be deemed to be upon the eligible
list for appointment
The words except supply teachers" were
dropped out of this sentence without authority
of the Legislature.
TEXT OF IMPORTANT CHANGE
Secondly, the following sentence was also in
terpolated in the bill:
And any teacher. officer or erpIoye serving in
the Department of Education at the time Of the
passage of this act who was elected or appointed
TO the position now held for definite term shall
be entitled TO continue and serve in such position
or Office during the remainder OF such uneXpired
term. but the rate of compensation paid to such
teacher. officer or employe at the time of the
passage OF this act shall not be increased or
diminished during the remainder of such unex-
pired term.
The bill in the possession Of the Secretary OF
State is so stamped as to indicate that it was in
the possession of Mayor Carnahan OF Rochester
yet the statement is positively made in Roches-
ter that the bill printed by the Secretary of
state as Chapter 40 Of the Laws Of 1890 was
never in the Mayors office in Rochester. The
statement is made in accompanying documents
signed bv the clerks of the Senate and the
Assembly that Senate Bill No. PA passed their
respective houses such 8 day, but the bill
vOuChed for having been accepted by the
Mayor Of Rochester is not Senate Bill No. 1874
Governor Roosevelt did not sign Senate Bill No
l.2I4 What the Mayor Of Rochester apparently
acted upon was a bill which never was on the
files of the Legislature, and therefore never
could have been acted upon by the Senate and
the Assembly.
UNNOTICED BY GOVERNOR OR MAYOR.
singular point IS that the interpolated words
were not detected either in the Mayors office
in Rochester OF in the Governors office here in
Albany; for moments comparison Of Senate
bill No. 1.274 with the bill accepted" by Mayor
Carnahan and signed by Governor Roosevelt
discloses the interpolated words.
Chapter No. 535 Of the Laws of 1900 never
having been three days on the files of the mem
bers of the Legislature, as required by the Con-
stitution is not and cannot be a law.
1t is presumed that some person who desired
TO hold in office certain teachers in Rochester
made the Interpolation in Senate bill No. 1274
One effect Of the supposed fraud is compel
the Board Of Education of Rochester TO wait
for a year for authority TO change the grades Of
all schools without the written recommendation
Of the Superintendent of Schools. and the Board
also loses much other desired authority.