The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-04-12
MEEKER'S MIx-UP
Funny Kink in the Law
Abolishing Spring
Elections.
CONFLICT WITH SCHOOL LAW
Members of Board of Educa-
ton Must Still Be APP
pointed in the Spring.
Especial to .The Jersey citv News. ).

TRENTON, April u, 9O1-Attorney-Gen-
eral Grey yesterday rendered an opinion
IN which he holds that members of local
boards Of education do not come within
the provisions of the Meeker act ABOLISH
ing spring elections in cities of this State
The opinion was reached as the result
i of query propounded by State superin-
tendent Charles j. Baxter, to settle nu-
merous complications which have arisen
under the act, and particularly in the city
of Camden.
substantially the ground taken by the
Attorney-General is that while a school
board is elected or appointed for a muni-
cipality or school district he is not a city
ofhcial within the meaning of the Meeker
act, and consequently his term is not ex-
| tended like that of other city officials by
the act. He argues that while a member
of Board of Education may be appoint-
ed by a Mayor, he is not appointed by
the Mayor in his official capacity, but
| merely because he is a convenient person
IN whom to vest the appointive power.
Ihe effect of the opinion is that the
Stokes School act of 1900, with its
amendments of 1901, providing for the
selection of members Of Boards of Educa-
ton, is held to supersede the Meeker act
in the case of such officials.
While Mr.. Grey applies his reasoning
only to the manner of selecting school
boards, local lawyers are inclined to be-
lieve that it is equally applicable to other
boards. Just why school boards should
be singled out and other similar boards in
cities held to come under the act is not
/ clear. In fact ic fo,
to number of lawyers who were shown
the opinion.
For example, it is pointed out that
boards of health bear exactly the same
relation to the city and State as do boards
of education.
Besides this, there are water boards.
nre boards, police boards, and numerous
other important municipal boards and
commissions all created under special
acts.
The general impression seems to prevail
tnat the opinion was given to bolster up
law which would otherwise prove de-
fective, there being a distinction between
boards of education and boards of health
in one important particular.
The constitution provides that educa-
ton and health matters shall be provided
Tor by general laws, and the courts have
held that laws affecting matters of educa-
ton cannot be made applicable to only a
particular class of municipalities 1t is
argued that unless school boards were
exempted from the provisions of the act
which applies only to cities it would be
Eclearly unconstitutional
Mr.. Grey is believed to have had this
! contingency brought to his notice quite
forcibly before rendering his opinion.
The terms of the Camden members un.
der Mr.. Greys opinion expire next Mon
Gay, and the particular complication in
that city arose from the fact that Cam.
; den had adopted the provisions of the
Stokes act requiring that members of its
Board of Education shall hereafter b.
elected by the people instead of appointas
by the Mayor AS a consequence, the,
Will be elected next November but will
not go into office until July /, 1902. As
long as the two acts are in force the1
will be chosen eight months before theil
terms begin.
The full text of the Attorney General
opinion is as follows:
MY attention has been called bv Mr.
Belts to this question. Whether IA,
members of the Board of Education o
the city of Camden hold their offices a:
such until the third Monday of April. in
slant (April 15), or whether their term,
expire on the first day of January. nine
teen hundred and two.
Under the provisions of chapter Is
laws of 1901, which is entitled An act re
iative TO the time of election and appoint
ment and terms of office of officers elect
ed or appointed in cities in this state
the terms of office of elective officer.
elected in any city, and holding office a
the time of the passage of the act. arr
, continued from the time when their terfs.
would otherwise expire until twe.v,
CLOCK noon of the first day of Januar,
succeeding the date at which the term O
Office would otherwise expire
The same rule applies to every office
appointed by the Mayor in any city, o,
appointed or chosen by the Common
council or other governing body of sucl
city, and holding office therein at the tim,
of the passage of this act. Both in elec
tive and appointive offices their terms ar,
continued, under the provisions of thi,
= act, until noon of the first day of Janu
ary succeeding the date at which thu
term of office would otherwise expire.
by the provisions of the school law
as it stood before the revision of 1900
approved March 25. 1900, the officers q
the Board Of Education Were appointed
by the Mayor of the City of Camden ant
held their offices, one-half until the thirt
Monday of April succeeding their ap
pointment, and the other half until tn,
third Monday of April of the following
year, SO that the term of office of tn,
board was two years, one-half being ap
pointed each year.
n by An act to establish system Of
public instruction (revision of 1900, ap
proved March Is, 1900 the Board of Edu
cation created under the provision oi
that act was declared to be body cor.
porate (section 51) which should bt
known and called The Board Of Eduea
tion of the City of Camden
This corporation has an official seal
it had separate organization; it exercs-
ed different powers and had exclusive
control over all matters affecting public
education.
Provision was made in the act of 1Sot
for the acceptance by cities of the proyi-
An Old and Well Tried Remedy
Mrs. Winslowss Soothing syrup for childrer
teething should always be used for childrer
while teething. 1t softeus the gums, allays ths