Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-27
DECLINES THE DUTIES
Mr.. Hine Unable to Assume
Dr.. ChanceIIor's Trust.
GIVES REASONS BY MAIL
superintendent Motive in Confer
ring the Authority.
AIMED AT PERCY M. HUGHES
Attorney Fulton Says Superintend-
ent Believed Assistant Would Act
Detrimental to His Interests.
AIMED AT PERCY M. HUGHES

of education. has written to DR.. William
E. Chancellor. superintendent of schools
declining to act as superintendent during
the absence of the superintendent from
the city. as authorized by the letter re-
ceived by Mr.. Hine yesterday. Mr.. Hine
stated TO DIR. Chancellor that the presi-
dent Of the board and its counsel believe
the rules which the board adopted pre-
vent the secretary from performing the
duties designated
Speaking of the matter today. Attorney
Creed NJ. Fulton, who is counsel for DR..
Chancellor, stated:
DIR. Chancellor felt that if he author
lied Assistant Superintendent Hughes to
act as superintendent Mr.. Hughes would
abuse the authority to the detriment of
the superintendent. Therefore to prevent
that abuse of authority he gave the au-
thorization to Mr.. Hine.
DIR. Chancellor based his belief that
Mr.. Hughes would abuse the authority
against him on the action of Mr.. Hughes
is signing the acquisitions for text books
which, it is contended, Mr.. Hughes knew
he had no authority to sign as long as
the superintendent remained in the city.
Under the rules of the board of educa-
ton the assistant superintendent cannot
act as superintendent without he receives
the authorization of the superintendent.
The rule says: Performing all such du-
ties las the deputy of the superintendent.
for which he may have the written au-
thoriZation of the superintendent of pub
lie schools Without that authorization.
therefore. the assistant superintendent
cannot act as superintendent. Dr. Chan-
cellor did not care to give that authorlZa-
ton to the present assistant superintend-
ent, and therefore transferred his pow
ers ia. Mr.. Hine.'
Mr.. Hines Letter.
The letter which Mr.. Hine yesterday
sent to DR. Chancellor. declining to accept
the powers of superintendent, not statu-
tory, is as follows:
Il have the honor to acknowledge your
letter of December "a. in which you desire
to invest me with authority to perform.
in your absence from the city, such or
your duties that are other than statutory,
and in which you revoke similar authority
previously granted to other officials and
persons
AS a compliance with your request
would entail on me duties and response
bilities not usually attaching to the office
of the secretary, 1 at once placed the let
ter before the president of the board OF
education. This step seemed incumbent
upon me in view of the explicit inStruc-
ton found in article ~, section Ill, of the
bylaws, relating to the duties of of1cers
wherein it is expressly stated that any
duties other than those usually pertaining
to my office. which may be required OF
me. are imposed on the authority of the
board or its president. This view was
Immediately confirmed by President Oys-
ter, who further directed attention to the
rules of the board, page IL, in which due
provision is made for the absence of the
superintendent by vesting all the powers
of the superintendent in the assistant
superintendent of white schools. who
shall be his deputy in respect to all mat
tiers not otherwise especially delegated by
act of Congress:
Impossible to Comply.
consequently it will be impossible for
me to serve in the capacity you desire
or to incline to your wish that 1 direct
the attention of the assistant superin-
tendent to that clause in your instruc-
lions in which you revoke the authority
you had personally granted him, and
which is vested in him by the simple OPP
Grafton of the rules"
Mr.. Hine closes by thanking DR.. Chan
cellor for the compliment in the proffer.
The feature of this letter is that Mr..
Hine points out twice that DIR. Chancel-
lor has given authorization to the as
sistant superint endent to act as superin-
tendent during the absence of that su-
perior officer. That has been mooted
point as DIR. Chancellor through his at
of authorization are not effective at
present
II is believed that DIR. Chancellor will
be present January z, when the board
of education has voted, and the trial of
the supe rintendent will be again taken
up. His attorneys express confidence
that, unless there is a relapse, the i'll
official will be on hand.