Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1902-04-10
SCHOOL BOARD
RE-ORGANIZES.
Matters Adjusted Under the New
School Law.

of Education held on Monday evening
last, Mr.. Turner was authorized to
secure from City Solicitor Potter an
opinion as to the status of Supt.
Cox, and such other matters as were
under discussion.
The Board then adjourned until
April Sd. Thursday night, every mem
Der was present at roll call. asGsa
Mr.. Turner presented the opinion of
Solicitor Potter, which was read
April 2, 1902.
To the Board of Education of The
City of Bridgeton,
Gentlemen Il have been requested
by Mr.. John S. Turner, member of
your body for an opinion upon the
status of Mr.. William Edward Cox,
City School Superintendent, under
the provisions of the Act of the Leg
islature, entitled ''An Act TO Estab-
lish system of Public Instruction. -
The office of School Superinten-
dent is created by the Act of the Leg
islature Familiarity known as the
Charter of the City Of Bridgeton, by
the fourth section thereof. BY the
forty, sixth section the School Super
intendent is made member of the
Board of Education of this city, and
by the forty seventh section the City
Treasurer is required to pay over to
such Superintendent the amount of
money appropriated by City Council
for the support of the public schools
Nowhere else either in the City Char
ter or in any ordinance are the duties
of such Superintendent mentioned or
defined.
The Office is therefore local one
and it must be from the sections re-
ferred to above that we are to derive
conclusion as to such Superinten-
dent. 1t is clear to me that the office
so created was not in any sense that
of an active supervisor of the conduct
and management of the public schools,
but merely a custodian of moneys
with voice and vote in the Board OF
Education by virtue of the office.
Tt cannot be conceived that the
Charter intended such officer to be a
member of the Board in any other
sense than by force of his Office. The
very fact that the superintendent is
elected by the people at large. while
the other members are appointed by
Council demonstrates conclusively to
my mind that his seat in the Board
is contingent upon the continuance
and permanency of the office, and if
that be abolished then the seat depend
ing thereupon is also lost.
The question then narrows down to
this: Is the office of City School Su-
perintendent abolished by the general
school law just passed, and if so does
the present incumbent hold over until
January next under the provisions of
the Meeker Election Law?
The present incumbent was elected
to his office for term of three years
at the municipal election held in
March 1885, and his term would ex-
pire three years from the date when
he qualified.
By the new school law, the City
Treasurer, by virtue of his office, be-
comes the custodian of school moneys,
and the only apparent duty of the
School Superintendent is taken from
him; leaving him, if he still exists,
merely a member of the Board of Ed
ucation, nothing more.
1t is true that Section so of the
school law, beginning with line 10 de-
clares that until the organization of
the Board under Sections AZ or 3, any
existing board shall remain as at pres
ent constituted and all the powers and
privileges conferred by this act shall
be conferred upon such old board.
Nevertheless it is my opinion that it
was the intention of the law makers
to make boards of education as uni
form as is consistent with varying
conditions. 1t is probable that no
similar situation confronts any other
city, nor am / able to find any re-
ported cases bearing upon the ques-
tion, and it being general rule of
law that among other things to be
considered in constituting statute, is
the intent, we must in this case be
guided by that.
Looking at the entire statute in that
light and giving due consideration to
the general repeater thereof it is my
opinion that the holding over of the
present incumbent of the Office merely
as a member of the Board is inoonsis-
tent with the intention of the Legisla-
ture, and the office itself is inconsis-
tent with the general intent, expressed
or implied, of said law.
1By the DrOyisiOus of the Maekar