Evening journal., 1903-06-18
CITY NOW HAS
ANOTHER MUDDEE
Claims Made That the Board
of Education Has No
Charter
EXPIRED ON APRIL ls LAST
Members Are Not Worried-say Work
Of Department Will Not Be Stopped
on a Teehnieality Regarding the
Law.

There promises 10 be another muddle in
the affairs of the city which will be diff
hcult to straighten out The aid Of the
courts may be asked This time the
trouble Is connected with the Department
OF Public Education and there is no doubt
but what the board is placed in an awk-
ward position.
The first lntimation that the chauter of
the corporation had expired was brought
up in the meeting of the board several
days ago and argument was made. Legal
advice was not asked on the matter. Even
when the question of holding the annual
election was brought up and doubt Gre
ated as to ghe legal way, counsel was not
consulted. AS the result the election in
one ward was conducted along certain
lines and IN others in another way. As a
resu.l there will be several contests.
Even now the members Of the board do
not know what course they will persue. 1t
is said that 1t Will not receive its appro-
priations from the city of the State. No
official announcement of this fact has been
made however.
Today one prominent member of the iu-
diviary said that in his opinion the charter
OF The department was perpetual.
The law on the matter follows:
Section 129 Of the charter calls atten-
ton to the matter as follows: The char
ter of the Board Of Public Education in
wilmington, and the various supple
ments thereto now in force (eXceDt as
hereinafter attend), shall continue and
De IN full force and the same is here
by extended and continued for the term
Of twenty years from the passage Of
this act; ana the said corporation, with
hall the rights, powers, privileges, fran
chises and immunities which are now
vested in il by any law of this State,
| IS hereby continued, extended and
shall be held in full force and opera
ton for the term of twenty years from
and after the passing OF this act.
Passed April 10, 1888.
This act was passed on April 13. 1888.
and it is claimed that the charter has
never heen renewed. Some of the
members Of the Board of Education,
however, contend that an amendment
Was made TO the act extending the time
of The charter but the only amendment
that can be found, with the exception of
the act passed at the last Legislature
! increasing the State appropriation to
city charter, which refers only to the
election Of members to the board.
In Awkward Position.
A member of the department admit
ted this morning that the board was in
an awkward position, but did not seem
to think that the educating of children
would stop merely because of a techni-
catlIty of the law. Il am just looking
the matter up myself" continued the
member of the board, "and therefore
do not know much about it, except
what 1 have read in the newspapers
bearing on the subject"
Members of City Council last night
discussed the matter, and it is likely
that that body will refuse to grant the
annual 5 per cent. increase. Some OF
the councilmen were also Of the opin-
ion that Council had the right as rep
resenting the people to look after the
affairs Of the department until a new
charter is obtained by the board. This
would mean that Council would have
the right to draw the school fund from
the State.
May Act on Monday.
The matter will probably be taken VI
at the meeting of the board on Monday
night and discussed. Some action may
be taken, and it is likely that city So
licitor Reinhardt will be called in to
give an opinion on the subject