Evening journal., 1903-06-19
CITY SCHOOLS
NOT To CLOSE
Although Board Of Education
Has No Charter Whining
ton Will Not Suffer
MAY WINK At LAW VIOLATION
Only Way to Set Matter Straight Is to
Call Extra Session to Get New
Charter for the Board ana Legalize
Present Acts Of Corporation

President Shortlidge, of the Board of
the Education, now admits that the
charter Of the board has expired. 1t is
now IN to somebody to straighten
things out. The excuse given for the
failure to secure a new charter during
the last session of the Legislature is
simply that the matter was forgotten.
Wilmington has become the laugh
ing stock of other cities since the news
became general that its department OF
education suddenly found itself without
a charter. How such an important
thing could have been forgotten is be-
yond the comprehension of everybody.
The bare thought Of the subject is
amusing, but after the laughing part is
set aside one can see the awkward po-
sition the board is in.
A prominent lawyer interested I'm
the affairs of the city, but who for
various reasons requested that his name
be not published, had the following to
say relative to the matter, when seen
by a reporter of the Evening Journal
this mornings
There is not the least doubt in my
mind but what the charter of the Board
Of Education has expired, and the cor
poration legally dead. The position in
which the board finds itself is awkward
although the citizens of Wilmington
need have no fear of the school prop
erty reverting TO private individuals as
result of the present condition Of af-
fairs.
The members Of the Board of Edu-
cation are simply trustees for fine pub
lie, and, although the assets of the de-
partment are I'm the corporations name.
there is no fear of any complications
arising from this source.
/ am of the opinion that the board
is liable for all debts contracted prior
to the expiration Of the charter. but
cannot be held for any contracts or
debts made after The charter expired.
There is a code. however in the laws
of Delaware which gives a corporation
a certain time. say three years, after
the date of the expiration of its char
ter from any reason, to wind up its af-
fairs, to sue and be sued i'm orde rto ac-
compish this purpose.
with reference to the election.
would say that unless it could be
proven that it was a curbstone cleo
ton. it viii not stand, and even then
there is a question in my mind as to
its constitutionality. AS a lawyer. l
would advise that a special session Of
the Legislature be called at once and
charter granted to the corporation.
"a law should also be passed legaliz-
/ ing all the boards acts since its char
ter expired. The calling Of an extra
session of the General Assembly, how
ever, will entail considerable expense
and then again after transacting the
! business for which they were called to-
gether the legislators would, it can
safely be said drift into other busi-
ness.
IF it was not desired TO spend
money for this purpose, It is
possible that the board could hold on
until the next General Assembly, pro-
viding it made no new contracts. We
would be obliged to wink one eye at
the regular business transacted, such
as paying salaries, etc, and when the
next Legislature meets have a law
passed legallzing the departments ac-
ton"
The people need not feel alarmed
over the story that it may be possible
to close the schools. No such thing will
happen. as despite the law, the Off
cials of the city and state would not
stand by and see the citys school sys-
tenn crippled for want of money. The
story that the state will not pay the
corporation its appropriation is not
believed by conservative citizens, al
though it may be possible that City
Council will refuse 10 hand over to the
board the annual per cent increase.