New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-09-30
EXTRA SESSION OCT. -.
Gorcrnor Murphy Calls II Because
of School Lac Decision.

Trenton Sept. - (srcciaD.-GoveTnor Murphy to-
day decided to call extra session OF the iesls
iatu1e on Thursday. october - The object OF 'ne
extra session will DC to meet the oigencics brought
alort hz THE recent opinion OF the Court OF ErToFs
and Appeals that the present school Jaw OF 'he
state Is unconstitutional The president ana sec
rc;arv OF the State Beard OF Education, together
with the Law committee Of the board to-day memo
rflized the Governor in behalf Of extra session
Among those who petitioned Governor Murphy
were ex-senator Hayes. Of Essex County ana
president Of the State Board of Education; SEN
ntors Bradley and Cross. ex-senator Z. c stokes
s. "a ker Horner. Assemblymen Colby and Miller.
ex-senator d. O. watkins and Prosecutor LIoyo
Of Camden County.
In explanation Of the conditions and oiincuiteS
now existing in connection with the puOllc sCloOIS
Of tie State the memorial says, in part. that the
recent decision of the Court Of Errors and Appeals
declaring the revision OF the school law approved
on March IS. 1892. unconstitutional mas created
such widespread confusion that we deem II our
duty to lay the facts before you, in order that you
may be fully informed as to present conditions ana
be in position to consider the advisabiity OF cali
irg special session IF the legislature for the pur
pose Of securing legislation which we regard as
ilnpera5ively necessary" IL continues
VOORHEES, COMMISSION
Governor VOORHEES,. being Of the opinion that a
general revision OF the school IA VS. or the state
required. appointed commission Ior tlat PCI,
tSe bin f t5T by IL after it had been amended
" the legislature many important particulars,
was passei. The court declared the law uncon-
stUt:Cual. and the State Board of Education there
uDOn prepared law. containing pracucaliy
the provisions were in the act previously
prepared by the commission. such mOdlncauo De
made regarded necessary IN MAKING
these notifications. which were numerous. TO meet
the objections Of the court. the board acted under
the advice Of tie best legal counsel in the State.
The sections objected TO by the court in the act
1870 in the original bill. but were inter
poiated the suggestion Of Che legislature The
question Of the cOnstitutiCn2lty OF said sections
thoroughly discussed at tire time, and also SUB
ntted eminent lawyers. and the unanimous 6pin-
ion was. that whatever question might be raised
as 20 their consutItionaty the court would un-
doubleday sustain the act as a whole. ana simply
eliminate the questionable sections At any rate
the original draft Of the bill and make il salts
factory 10 itself.
The intention o. the rner1oralists 70 place tire
onus Of passing the unconstitutional law is herein
made 50 clearly apparent as To indicate that tho
State Board Of Education is determined not 10
assume any responsibility for the and the sub
the state The memorialists add:
SCHOOL CENSUS USED.
Prior 10 the passage Of the act of 1902 the
Of State school tax sum equal to $ for each
child I'm the state asCertaned by the school
census. A portion Of the moneys raised
apportioued among the districts the same basis.
mills. and moneys were apportioned the basis
OF DAYS attendance in the public schools. This
has been assessed and is IN process Of collection.
II viii he impossible to distribute II among the
districts until proper legislation Is secured.
The appropriation of about Sssa-1s0 made
reduction Of The State school tax cannot he paid
for the same reason II not paid prior 10 October
8. this appropriation lapses-