The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-04-12

| sions of section 46 Of that act by which
the members OF the board of education
We're elected instead of appointed by TIE
| mayor as heretofore. The city of Cam
cen, at the general election held in No
yember, 1900, adopted the elective system.
/ Inasmuch as the act of 1900 was de-
signed to provide a corporation anso-
lutely Independent of the municipal body,
exercising different powers, organized for
;he accomplishment of totally different
purposes and having exclusive control of
the entire educational system, do not
| tnlnS that the officers of that corpora
tion are within the class of officers re-
ferred to in the act of 1901, chapter 1S.
| The term Of office of the officers Of
me board of education as is regulated by
such legislation as is applicable to the
system of public instruction in this
| State"
| Assistant State Superintendent Belts,
IN explaining the opinion of the Attorney
| General yesterday said
| Section SO of the act entitled An act
to establish system of public instruc-
| ton Tevision of one thousand nine hum
dred), provides that each township, city
and incorporated town shall be a separ-
ate school district and, by the proyi-
sions of Articles VI and VII of said act,
school districts are divided into two
classes, viz, municipalities divided into
wards, and municipalities not divided in
| to wards.
Article vi, which applies to all NUM-
| cipalities divided into wards, provides
among other things, that each board of
| education shall be corporate BODY
which may sue and be sued, shall have
a corporate seal, and shall be vested
| with the title to all school property in
such school district. BY act of the Leg
lslature. therefore, a board of education
| is not department of the municipal gov
ernment, but is the official representa-
tive of the school district a separate and
| distinct corporation, Notwithstanding the
fact that the boundaries of the school
district are co-extensfye with those of
the municipality.
Sections 45 and 46 of said article pre-
scribe two methods for the selection of
| members of the board of education
| neither of which becomes operative until
| adopted by a vote of the people. sec-
| tion 50 provides that until the provisions
OF either Section 45 or 46 shall be ADOPT
ed. the method of selecting members of
the board of education in force in a
municipality at the time of the passage
OF the act shall be continued
/ some question having arisen as to the
| interpretation of the sections above re-
ierred to, they We're amended at the last
session of the Legislature (see Chapter
%, +. L. 1901, approved March 21 1901. J
sections 40 and 46 as amended provide
that members appointed or elected as pro-
vided in such section shall take office on
the first day of July next succeeding
their appointment or election Section SO
provides, among other things, that 4un-
til the organization of a Board of a Board
of Education in such school district as
4 provided in Sections As or As of this act.
the administration and conduct of the
public schools and the management and
control of the public school property
therein shall remain in and shall be ex-
ercised by any Board Of Education or
other body heretofore having control OF
the public schools therein Said Board OF
| Education or other body shall be here
after deemed to be incorporated under the
provisions of Section 81 of this act, and
shall have all the powers and be charged
with all the duties conferred or imposed
upon Board of Education as provided in
this article, and the members of any such
Board of Education or other body shall be
selected, elected or appointed at the same
time, in the same manner and shall serve
for the same terms as members of such
Board of Education or other body have
been heretofore selected, elected or ap.
| pointed.
"The Attorney-General, in his opinion
holds that Chapter Is. P. L. 1901, common.
ly known as the Merger Act or Anti
Spring Election Law does not apply te
members of boards of edUcation A board
of education being a body corporate and
representing a school district which has
been held by our courts to be munici.
pality. ca1not be considered department
of municipal government. The title Of
Chapter IS limits it's application to Officers
of city government, and, therefore, can,
not apply to members cf board of edu
cation. The school law provides thai
, members of boards of education in mum
cipalities divided into wards shall tax:
office on the first day Of July next sue
ceeding their appointment or election.
I'm all municipalities divided into wards
which have not adopted the provisions oi
either Section As or 46 of the school law.
and in which members of boards of edl
cation are az pointed, the members of sucf
boards should be appointed and take Office
at the same time as heretofore. In al
such municipalities in which members o
boards of education are elected, and il
which vacancies now exist by reason Of
q elections not having been held, member.
should be appointed to fill such vacancie:
in the manner provided for filling vacan
cies in such boards in the acts governing
the selection of members of boards O.
education now in force in such munich
palities-