The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-11-16

ing in the negative and three in the af-
firmative. OF those voting in the affirma-
tive Ward was one.
The writ of certiorari brought up cer-
tain resolutions of the Board of Educa-
tion of Jersey City. passed on the 18th of
March and 4th of April 1901. 1t Is COM
tended by the prosecutors that the said
resolutons were passed in violation of
the general school laws of 1900 and 1901.
1t is stipulated in the state of the case
agreed upon that in adopting the said re-
solution the Board of Education did not
proceed under the provisions of the act
of March %, 1900, and the supplements
thereto, and that the said Board has in
all its acts disregarded the provisions Of
said act and the supplements thereto, on
the ground that the said acts are uncon-
stitutional and void.
The reasons assigned for reversal pre-
sent the question whether this law is in
violation of those provisions of the con-
stitution which prohibits private, local or
special laws regulating the internal af-
fairs of towns or counties and also that
other provision which forbids the passing
of private, local or special law provid-
ing for the management and support of
the public schools.
The Supreme Court, in Judgment sus-
tained the act now in question. and gave
judgment accordingly. This writ of error
brings up the judgment of the Supreme
Court in both cases for review.
The classification made by this legisla-
tion for the constitution and government
Of schools is contained in sections As and
46 of the act SO amended.
Section As provides that sin each city,
Incorporated town, borough, township or
other municipality which now is or which
shall be hereafter divided into wards, the
mayor or other chief executive officer of
such municipality shall. after the first
day of May and before the thirtieth day
of June next after the acceptance of the
provisions of this section, as is herein
after provided, appoint nine persons to
be members of the Board of Education of
the school district situate in said muni-
cipality who shall severally possess the
qualifications for said membership pre-
scribed in this article.
Three of such persons shall be. ap-
pointed to serve for one year, three for
two years and three for three years, and
annually thereafter after the first day OF
May and before the thirtieth day of June
the said mayor or other chief executive
officer of such municipality shall appoint
three members of said Board of Educa-
ton to serve for the term of three years,
to take the places of those members
whose terms shall expire in such year.
Any vacancy in such board of educa-
ton shall be forthwith reported by the
secretary of said board to the mayor
or other chief executive officer, who shall
appoint a person to fill such vacancy for
the unexpired term. To every such ap-
pointee, as aforesaid, said mayor or other
chief executive officer shall issued and de-.
liver certificate of his appointment.
1.-The term of Office of member of the
board of education, except member sap-
pointed to fill an unexpired term. shall
begin on the first day of July next sue
ceeding his appointment"
Section z6 provides that "in each city,
incorporated town, borough, township or
other municipality which now is or which
shall be hereafter divided into wards.
cipal election held in such municipality
next after the acceptance Of this section
as is hereinafter provided, nine persons
to be members of the board of education
of the school districts situated in said
municipality, who shall severally possess
the qualifications for said membership
prescribed in this article.
Three of such persons shall be elected
to serve for one year. three for two
years and three for three years, and
thereafter at the regular municipal cleo
ton in such municipality in each year
there shall be elected three members of
term Of three years to take the place of
those members whose terms shall expire
in such year.
Should any vacancy occur in such
Board of Education the remaining menu
bers of said Board shall appoint per-
son to fill such vacancy to serve only un-
til the next succeeding municipal election
in said municipality, at which election
member shall be elected to serve for the
unexpired term. The term Of office of a
member of the Board of Education, ex-
cept a member elected to fill an unexpired
term. shall begin on the first day of July
next succeeding his election" P. L. 1901,
p. 222)
Section So provides for the acceptance
of the provisions Of sections As and 4e by
the qualified voters of any municipality
(which now is or. which shall be hereaf
ter divided into wards, at general or
municipal election To- be held therein
The basis Of classification adopted in this
legislation is the fact of the division OF
municipalities into wards.
In the brief of the plaintiffs in error
these classes are designated as class
and class B. For convenience will
adopt the same method of distinguishing.
Glass A comprises cities Incorporated
towns, boroughs, townships and other
municipalities which nov. are or hereafter
shall be divided into wards. Glass
comprises all other municipalities in the
state, that is, municipalities not divided
into wards. The former are organized
under article of the original act as
amended by the act of 1901, with powers
and duties in connection with the control
and maagemet of public schools compris-
ed sections 45 to 1s4 inclusive and the
amendments.
The latter was organized under section
IS. article of the original act, with the
powers. duties and control Of schools
comprised in section IS to 1os inclusive.
An examination Of this legislation dis
closes material diversities in the organ1-
zation, management, owners and control
OF the boards of education in the two.
classes of municipalities. It Is not neces
- ~, -. or, i,,fo r,a1-ffcf1la1.s in that respect