Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1900-04-12
The school Law.

! The State Board of Education and county
! school Euperintendents met at Trenton last
Thursday to discnss the new school law.
Assistant State Superintendent of Pub
! lie instruction j. B. Belts explained the
provisions of the law to the county super.
/ intendents, Tue county superintendent
will at once formulate rules for the govern
ment OF their county's, under the law.
The law, which is applicable throughout
| the State, will get before the courts for a
! jndicsl determination as TO its constitu-
tionaIity within very short time. Many
attacks have been made upon it by consti-
tutioual critics, the latest and apparently
the best one advanced to date coming from
Senator McDermott, of Hudson county.
| Mr. McDermott, as counsel for jersey
City, has advised City Councils as follows !:
81 have concluded that IN at least so far
as it attempts to regulate the fiscal affairs
of Jersey City, the act is unconstitutional,
and have therefor to advise you that you
have not any duties to perform under its
provisions and that the amount to be fixed
! in the next tax levy as the limit OF appro-
| priations for expenditures by the Board OF
Education duringthe next fiscal year should
be, in all matters fixed as though the act
OF 1900 had not been passed The act con-
tains over $50 sections, and has so many
provisions that are obnoxious to our State
Constitution that it is. in my opinion,
doubtful whether any Of its provisions not
found in previous legislation, can be sup
ported.
"As applied to Jersey City, the act pro-
vides for TIE creation of a Board of School
Estimate, to be composed of the mayors two
members of your board, and two members
of the Board of Education. To this board
| the Baard of Education is directed 10
deliver, on or before the 18th day of April,
an itimized statement of the amount neces-
sary for public school purposes, etc. The
Board OF School Estimates is empowered to
| fix the amount to be appropriated and it
then becomes the duty of our board to put
the amount in the tax levy. ] advise you
that all these provisions are unconstitu-
tional and are to be wholly disregarded
At your next regular meeting | will pre-
sent the reasons why have concluded TO
ad wise you as here written"
This opinion, if sustained BY the courts,
applies TO Woodbury. as well as to Jersey
City and all other municipalities in the
State that are divided into wards.
METHOD OF RAISING FUNDS.
The provision calling for the creation of
the BOARD Of School Estimate is one of
the most radical changes made by the
new law. 1t is patterned after the scheme
in vogue in Elizabeth, all the other muni-
cipalilies raising their school moneys
through their boards Of aldermen or boards
OF finance or in public meeting.
Whether the classification of munich
palities divided into wards is good one
has been the subject of considerable dis
cussion School districts, not divided into
wards, are, under the new law, to raise
their moneys in the same manner as they
did under the old law.
There are two sections in the law rela-
tive to the selection of school boards,
neither of which is applicable until &C.
cepted by a vote Of the people. One pro-
vides for a board of ten members to be
appointed by the Mayor the other pro-
vides for board of ten members to be
elected at large by the people. Until
these propositions are submitted to the
people at general or municipal election
the present system remains IN operation
1t is doubtful if any change will be
made except possibly in the city of New
ark. There the school board consists of
thirty members. being two from each ward
The commissioners are elected by wards
and it is said that the city will at the fall
election submit proposition to have an
appointive board OF ten members.
The law has not yet been published, and
certified copies are not obtainable.