Perth Amboy evening news., 1907-01-09

President e. B. Walker was nomi-
mated FOR the secretaryship by Com
missioner Peterson. Commissioners
Bradley named Charles F. Moore, af-
ter which the nominations closed.
Two ballots were taken, both of which
resulted in a deadlock. Commissioner
Peterson was in favor of taking a
third ballot, but Mr. Bradley made q
motion that the matter be laid over
until the next regular meeting. The
motion was. carried. The length of
the secretary's term of Office was not
mentioned when the nominations
were made Jesse Colyer retains the
office until his successor is elected.
President Crowell made short
speech and told of the work that Is
necessary to be done by each member
for harmony. President Crowell said
that he was not yet ready to name the
committees, and suggested that the
board act as committee of the whole
until the appointments were made
No members for the board of esti-
mate were named last night, although
the matter was spoken of.
Il. B. Walker Opened Meeting.
Interest centered in the fact that
former President e. B. Walker took
the chair, although not a member of
the board. The following opinion
from State Superintendent Baxter was
his authority for SO doing, although
the opinion of the city attorney was
to the contrary. An opinion from
Judge Adrin Lyon, in support of Mr..
Walkers stand, was also in possess
sion of Mr.. Walker. The opinions
were not presented, as the matter
was not bothered over by the board.
The three opinions follow:
Opinion of State Supt. Baxter.
1T appears that the Board of Edu-
cation in Perth Amboy has not as yet
organized for the current year and
that the term of Office as member
of the board of the person who was
president last year has expired, and
you ask whether the president con-
tinues to hold Office as president not
withstanding the fact that his term
of office as a member of the board has
expired.
'The same question arose in your
city in 1903, and under date of May
IL, 1908, wrote to the mayor of
your city and gave as my decision
that the president of the Board of
Education continues to hold his Office
as president until the election of his
successor. In part, my letter was as
follows:
"There is no provision in the law
that these officers shall cease to hold
the Office to which they have been
elected upon the expiration of their
terms as members of the Board OF
Education. They possessed the nee
essary qualifications at the time of
their election and Immediately upon
such election became charged with all
the duties and entitled to all the
rights imposed or conferred by law
upon such officers. One of these
rights is. that they shall hold office
until their successors shall be elected.
| am of the opinion that they cannot
be deprived of their Offices except by
provision of statute.
ts"There has been no change in the
law touching this question since that
decision was rendered and the deci-
sion then given must govern in all
similar cases which shall arise.
Very truly yours.
C. j. BAXTER,
State Supt."
Opinion of City Attorney.
ITO the Board of Education.
Gentlemen:
Pursuant to your request for my
opinion on the status of Mr.. Walkers
claim to be still the president OF your
body, | respectfully submit the fol-
lowing:
"The Board of Education of the
city of Perth Amboy is composed of
the school commissioners elected by
the legal voters of the several wards
of the city.
aThe president must be member
Of the board.
Mr.. Walkers term as school conn