The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-05-03
CAN'T APPOINT BOARD.
McDermott Tells Hoos New
Law Is Unconsti-
tutional.

Corporation Counsel McDermott today
submitted to Mayor Hoos the following
opinion of the Meeker act so far as it
applies to the extension of terms of ten
Directors of Education whose terms as
originally appointed expire this spring.
Jersey City, May 8, 1901.
Hon Edward Hoos, Mayor of Jersey City.
Dear Sir-Chapter 9S of the Laws of
1901 provides certain amendments to ''An
act to establish a system of public in
struction," approved March %, 1900, the
effects of which are
First-That a Board of Education to
consist of nine members is to be estab-
lished. as body corporate, in each
municipality divided into wards when
ever the voters of such municipality shall
vote to have such a board either APP
pointed by the Mayor or elected by the
people.
Second-That until the voters of a
municipality divided into wards shall de-
termine that such Board of nine mem
bers shall be appointed or elected, and
such board shall be either elected or
appointed, the management of public
schools shall continue in the body having
control under previous laws.
Third-That Boards of Education an
pointed or elected, in municipalities, di-
vided into wards under laws enacted
previous to the revision of 1900 .sball
have all the powers and be charged with
all the duties conferred upon a board
elected or appointed under the law of 1900
fourth-That in municipalities divided
into wards the Board of Education shall.
until the people vote for an elective or
appointiVe board of nine members ssbe
selected, elected or appointed at the same
time, In the same manner and shall serve
Tor the same terms as members of such
Board of Education have been heretofore
selected, elected or appointed"
Assuming the act of 1900 and the sunn1e-
ment of 1901 to be valid, the power to
appoint the members of the Board OF
Education in Jersey City remains in the
Mayor and the number of members is
TO be Kept at thirteen. But the act OF
1901 is inconsistent with the provisions OF
What is commonly called the "Meeke1
Act, which provides that all officers ap-
pointed prior to February 2S, 1901. shal
continue in office until the first day OF
January next succeeding the date al
expired if that act had not been passed
A member of the Board of Education is
in my opinion, an Officer within tn.
meaning of the Meeker act, and if the
school law is unconstitutional the term.
of the members of our existing Board O.
Education, which would expire thi.
month, are extended until the first o.
next January. Last year I advised tht
Board of Education of my opinion tina
the revision of the school law was un
constitutional, and I think that the cup
plement of 1901 is also void The ques
ton of the validity of both acts will bt
argued at the June term of our Suprem,
Court If you should decide to appoin
members of the Board of Education
have to advise you that such appoint
ments can be made only under the pro
visions of the law under which the pres
ent members were appointed. If it is de
sired to test such appointments the ques
ton can be argued at the same term O
court.
Yours respectfully,
ALLAN L. McDERMOTT,
Corporation Counsel.