The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-05-03
TESTING Stokes LAW
Board of Education Man
damused in Friendly
Suit Today.

Justice Collins in the Supreme Court
this morning allowed a writ of GER
tiorari for the review of the action of the
Jersey City Board of Education in ignor-
ing the Stokes school law in connection
with the proposed new school to be erect
ed at Hancock and Cambridge avenue.
He also granted a mandamus to compel
the Board of Education to appoint a
Board of Estimate as required by the
law. The court specifically stated that
neither of the rules should act as a stay.
The application for these rules was the
preliminary step in the testing of the
constitutionalty of the Stokes school law
which was passed by the last Legislature,
and the provisions of which have created
such a stir throughout the State. In
Jersey City, Paterson, Bayonne and Pas
sale the law has been ignored by advice
of the Corporation Counsel, while in New
ark and other cities its provisions have
been complied with.
The proceedings in court this morning
were of a friendly character, Lawyer
Walter McDermott, who made the appli-
cation having signed the affidavit him
self. His father, Ceropration Counsel and
Congressman Allan L. McDermott who
advised the Board of Education not to
follow the provisions of the lawin dispute,
appeared on the other side, and Lawyer
p eJO j.
City Board of Education, appeared as the
representative of that body for the pur-
pose of placing on record the desire of the
members to obey the law, the constitution
ality of which was in dispute.
1t was to establish this fact that Law
yer Mulvaney applied for a mandamus on
behalf of Directors of Education John
Ward and William A. Lewis to compel the
Board to appoint Board of Estimate as
required by the Stokes law insted of
applying to the Board of Finance.
Director julius Berger of the Eleventh
ward was the only representative of the
Board of Education except President Mul
vaney, present during the court pro-
ceedings.
argument for writ of certiorari contend
ed that under the Stokes law the Board
of Education should have appointed a
Board of Estimate, but that 1T failed TO
do so and instead applied to the Board
of Finance in connection with the new
No. 2 School matter
Corporation Counsel Allan l.. McDer-
mott followed with . brief discussion of
the Stokes law, in which he pointed out
its alleged defects He said the law pro-
vided for two systems of educational pro-
wards and another for municipalities not
so divided. The clause in the act he said
that applied to ward divided municipali-
ties provides for a Board of Estimate.
McMcDermott pointed out that under
the constitution any municipality could
divide itself into wards, and hence the
would become obsolete. He also contend
ed that the law as applied to municipan
ties not divided into wards restrained the
eligibility to membership in the Board of
Education to males over twenty-five years
of age who could read and write, while
under the law as applying to munlclpall-
ties divided into wards. any person, 'be
he a lunkhead or not" to use Mr.. Nc
Dermotts language, could become a mem
ber of the Board of Education.
Mr.. McDermott said that if the Stokes
law was declared constitutional it would
naturally affect the distribution of the
State school fund. He said he would not
discuss that phase of the matter at this
time.
Lawyer Mulvaney requested that before
the court pass upon the question OF GER
tiorari the effect of the writ on the pro-
ed that contractors might take alarm at
the certiorari proceedings and that 1t
would affect the competition in bidding
for the work. He had no objections to
advance to the granting of the rule, but
would ask that a proviso be made by
the court that it should not act as q
stay.
Justice Collins said he would only gran.
| the rule under such condition and Law
| yer Mulvaney then applied for man
| damus to compel the Board of Education
| to appoint Board of Estimate. He said
duced at meeting aof the Board or Ed
ucation providing for Board OF Est
mate and it was lost
He added that the Board as a whole
wanted to go according to the law, bu'
| in view of the fact that the Corporation
| ceed under the old law, the majority OF
| the members voted as they did.
| Both rules will be argued at the mex
| term of court.