The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-06-23
Pleas for McGilvray.

. \ 4SoS III 4tAkAllN1 q y -g.If.
& In the midst OF the profound silence
which attended the reading OF the nd,
missions, Mr.. Howard read the state
nient in behalf Of Mr.. M. Gilvray, giver
here: @
The clerks Of the Superintendent
of Public instruction are not forbid
den by law from having Interest in
books, etc, furnished to the schools.
For they are not members OF the State
Board Of Education, nor division su-
perintendents Of schools, nor school
trustees. nor other school officers
within the meaning of section l472 OF
the Code.
Nor is 1t certain that said clerks
are public officers Of any kind. They
have no duties prescribed. 4 They take
no official oath. They simply per-
form such duties as the Superinten-
7 dent of Public Instruction requires OF
secretary OF the Board of Education.
By section 433 subdivision 3. 1t Is the
duty of the State Board of Educa-
\ ton to approve, the appointment Of
atfrst and second clerk and such other
employees ; as as may BE- neeszsary for
Public Instruction, upon the nomina-
ton Of that officer, and to fix their
salaries. They are simply employees
of the Superintendent, and have no
4 more authority under the law than
any other employees Of his from jan!-4
statute. Code section 225, they give
bond but that very statute distln-
cuisines them from officers by proyid-@
ing for the bonds of certain officers
and Of their clerks Hence. while IT.
would be improper for such clerk to
not. be unlawful, even II a school
register came within the class OF
things forbidden, which is doubtful.
Formerly the law required the SUI
perintendent to prepare a school reg
lister. But by the present Constitu-
ton. Article 3, section 13l, his duties
shall be prescribed by the State Board
of Education Now, thereis no other
power IN the State that can prescribe
his duties For otherwise the duties
4 that the Board prescribes might be
interfered with. The Board can change
his duties as often as they see fit. IT
Is true that they have prescribed for
scribed by law, But they can change
these duties whatever they choose.
Moreover, by Article 8. section 1872, SUBJ
division 4. Of the Constitution, tho
Board shall select textbooks and edu-
cational appliances for use in the
schools Of the State.
And there Is no other mower in the
State that has the right TO interfere
with or to restrict that selection. Tho
Board, therefore. clearly had the right
to relieve the Superintendent OF the
duty to make a register, and to make
any contract they saw TT concerning
It. So far, therefore, as the law Is
McGilvray or Thomas had anything
TO fear. The one does not belong to
the class Of persons TO whon certain
things are forbidden, nor Is the regis
Yer, In my Judgment, OF the class OF
things forbidden, and Thomas I think,
con under the execution to section
1472. But as far as Thomas is con-
cerned, that Is question for his cOun-
sci 10 consder-nnd all these questions
arc questions OF law over which this
Beard has no Jurisdiction They he
long TO the courts, II anywhere. For
ms Board has no power to render
judgment or issue execution, etc, In
other words. It Is not court.
Inc untrue statements consisted In
declaring that he had gotten no part
Of the money for the registers, and
ma, mere was no secrecy about the
matter He did get part OF the
money and there was secrecy. But
, should receive any particular sum.
There was no partnership. He had
no interest In the book. Exactly what
was received by him Is not known.
Np account was Kept OF It. No re-
ccip's were given. 1t was not paid
by check. Sometimes he was given
half, Sometimes less. Frequently lie
declined 10 receive anything. But
whatever the exact amount may have
been, the principle Ia tho same. The
statements were Just az untrue II no
received one-fourth as they would DO
had he received half.
Had the foregoing facts been
promptly avowed. the offsnse, II any,
would have been slIght. The real
offense consists In untrue statements
beginning with a misleading state,
ment IN a political publication, lead.
ING on to complications and further
untrue statements.
Such an offcnse merits condemns
ton, But no civilized tribunal could
,nnct, no civilized law could prescrihe,
slch punishment az these untrue state
Inents have already brought down
upon their authors. Punishment car,a
%hie one man was III from carbun-,
eles fever, and nervousness. and the
other sick and suffering With a broken
arm. But even tho most extreme nr-
Yous suffering Is merely personal rho
greatest punishment To them is that
which they know they have brought
uD0E others. Hence! any further nun,