The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-11-16
KNOCKED OUT.
Court of Errors and Appeals
Declares Great Stokes
School Law IN
constitutional.
JERSEY CITY SUCCESSFUL
Case Decided on Points
Raised by Corporation
Counsel McDsrmott.
NOT DISCOURAGED
Governor and Mr.. Stokes Say
Law Will Be Fixed Up
and Passed Again.
NOT DISCOURAGED
Especial to "rhe Jersey city News.nl

Especial to 1.-THE Jersey City News."l
TRENTON, Nov. 16, 190l.-As predicted
in The Jersey City News the general
school act of 1900 embodying all the edu-
cational laws of the State was set aside
by the Court Of Errors and Appeals yes
ferday as unconstitutional The Court
WAS unanimous, eleven Judges voting to
reverse the Supreme Court, which sustain
ed the act.
The decision is one of the most impor-
tapt rendered for some time, inasmuch as
it wipes out the act under which every
school in the State is operated and under
which numerous changes in the educa-
tional systems have been made.
The result of the decision is to again
make effective every school act in force
at The time of its passage, upon the legal
principle that an unconstitutional act
c9hnet repeal one which is constitu-
1ional
The validity of the act was questioned
BY two suits instituted respectively by
William A. Lewis and Walter L. McDer-
mott Of the Board of Education of Jersey
City.
The authorities OF jersey City refused
to recognize the act, being advised at the
outset that it was unconstitutional.
The Lewis suit was in the form Of a
mandamus TO compel the Jersey City
Board to appoint q Board Of Estimate as
provided for by the general school act,
more commonly known as the Stokes act.
The McDermott case was in the form
Of a certiorari questioning the validity
of certain resolutions of the Board of
Education not in accordance with the
provisions of the Stokes act.
Both suits brought the constitutional
question squarely before the Court john
Wall Queen appeared for the Board of
Education in each case while Lewis and
McDermott were represented respectively
by John J. Mulvaney and W. L. McDer-
mott.
The opinion of the Court was rendered
by Chief Justice Depue. who says that
the legislation in question discloses fatal
diversity in the organization, manage
rnent, powers and control Of the Boards
of Education in the two classes of mu-
inequalities of which 1t makes school dis
tricts.
This leads to the question as to whether
this classification results in a general law
within the meaning of the constitution, as
REQUIRED In the case of school act or the
regulation of the internal affairs Of
cities.
The bill was prepared by commission
of which Senator E. C. Stokes and AS
sistant Superintendent of Public Instruc-
tion J. Brognard Belts were members.
The bill was introduced In 1899, but failed
of passage, many objections being urged
by various municipalities and districts on
account of local conditions which rem
dered some of its divisions uncongenial.
Repeated hearings were given during
which these objections were stated to the
commission and an amended bill was In
troduced in 1900 and passed after one
of the hardest fights in the history Of the
Legislature. In his bill numerous con-
cessions were made and there was an ef-
fort TO allow 80 much discretion to sepa-
rate localities az to remove their objec-
TONS
Governor Voorhees, said yesterday that
the setting aside Of the act was to be de-.
rlored inasmuch as it provided for uni
form system Of education throughout the
State and formed comprehensive act for
the government of all schools.
'.The bill will be redraughted," said
the Governor, and presented to the next
LEGISLATURE. In the redraught an effort
will be made to eliminate those features
and provisions which the court has de-
cided are unconstitutional with the sug-
gestions made in the opinion Of the Chief
Justice | am confident that this can be
done without seriously affecting the gen.
eraI provisions of the law
senatorf Stokes said yesterday that
While keenly disappointed at the court S
decision he had no doubt that the matter