The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1901-10-02
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Statutes, which provides that school
committees" shall have the general
charge and superintendent Of all the
public schools, I do not think its mean
ing is materially different.
There are restrictions and limitations,
however, upon this general power, and
the charter does not leave the general
laws of the Commonwealth in full
force. Section 20 Of the charter, which
relates to appropriations, expenditures
and liabilities of the city, and prohibits
any expenditure beyond an appropria-
ton previously made by the City Coun-
Gil, except in limited instances, con-
cludes with this sentence: provided
however, that nothing herein contained
shall be construed to restrict or limit
the school committee in any expendi-
ture which it is now or may be here
after authorized to make under the
general laws of the Commonwealth re-
lating to schools and school commit
tees"
1 construe the word, therein" used
in this clause as applying only to sec
ton 20, for the reason among others
that section As provides that, nothing
in this act contained" shall affect the
powers or duties of the school com
mittee in relation to votes cast at
broader than that contained in section
20, and obviously applicable to the
whole charter. The use of the mar
rover word, "herein," in section 20 in
dictates that it's purpose was to cont1ne
the effect of the proviso to the section
in which it is used.
Sections AZ, 48, 40 and so of the char
ter are all in the nature of modifica-
lions Of the powers and duties of school
val
law.
The provisions of section As are par
ticularly important as bearing upon
your inquiry. The first sentence pro-
vides that, 1.-The school committee
shall exercise the powers and discharge
the duties imposed by law upon school
committees" This standing alone and
unmodif1ed by other provisions would,
perhaps, give the school committee the
same powers which are reposed in the
school committees Of towns. The next
sentence of the section, however, pro-
vides that, "A1l orders, resolutions or
votes of the school committee, except
those fixing salaries, which involve the
expenditure of money, shall be pre-
scented to the mayor for his approval, !"
with reference to another section for
procedure in the event of a veto.
This is most significant provision.
1t superimposes upon what might 9TH
erwise be the general authority of the
committee, the supervisory and veto
power of the mayor with reference to
all financial matters, except salaries,
which come within the jurisdiction Of
the school committee
Section 40 of the charter relates to
the powers and duties of administra-
tive boards and officers with reference
to the making of contracts. The last
sentence provides that, "All contracts
made in behalf of the city in which the
amount involved exceeds three hum
dred dollars shall, in order to be valid
require the signature of the mayor
and, except as herein otherwise pro-
vided or by law required, no eXpendi-
ture shall be made or liability incurred
for any purpose beyond the-appropria
lions previously made therefor"
The school committee is undoubtedly
an administrative board as the carry
ing out in detail of legislative measures
for the promotion of education is an
administrative function of government
There is in section 40 no language indi-
eating that the school committee is an
exception to any other administrative
board or officer of the city, and as the
school committee is in section 20 ex-
pressly excepted from it's general terms,
the fact that ii is not so excepted in
section 40 is conclusive that it was not
intended to be so excepted by the Leg
islature in enacting the charter
The view that the school committee
is not exempted from the veto power
of the mayor with reference to its or
ders for expenditures, nor from his ap-
proval with reference to contracts
made by it. is confirmed not only by
the provisions which have been pointed
out, but also by the spirit of the char
ter which is obviously intended to
vest in the mayor the executive and ad-
ministrative functions of the city. act
ing through the various heads of de-
partments and administrative board
created by the charter
If the mayor is to be the responsible,