The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-04

one year is tho length OF
tenure for the superintendent Of schools.
according TO the opinion of city solicitor
Albert A. Baker. sent TO the school cone
nittee last evening. lie based this opin-
ion on a belief that the general laws do
not control the public Schools OF Provi-
dence. but the special act OF 1896 places
control in the school committee.
The committee instructed the executive
committee 20 take steps TO secure an
opinion from the supreme court and de-
ferred action on the election OF a super
intendcnt and on the adoption OF bylaws,
the provisions of which are also involved.
until an adjourned meeting, TO be called
by the chair.
After reviewing various changes I'm the
law. the opinion says, IN part:
Your resolution raises the main qucf-
tion whether the public shoots of Provi-
denco are controlled by the general state
laws or by special statutes applicable 10
the city alone.
while some OF the provisions OF the
general laws relating TO schools, from
their nature and scope and as cmbodyinS
the general public policy of the state, ap-
ply. i'm my opinion, TO the city OF Provi-
dence. yet those which simply involve
management and regulation and details
rather than broad principles do not seem
20 me necessarily 10 apply. | include in
the latter such provision, for instance,
as the time OF the election OF a supcriu-
tendent aud teachers.
Furthermore. under the special statute
OF 1891. relative 10 the election Of school
committee in Providence it is provided
that said committee shall meet for or
ganization on the first Tuesday in De
Cember OF each year. a different provl-
sion from that OF the general laws.
"Tho general rule OF law Is that spe-
cial law applying TO "A particular town OF
city excludes the operation OF general
law upon the same subject matter. There
fore. considering the object and broad
scope OF said act OF 1896 / do not think
that the legislature intended to make the
public schools of Providence subject gem
orally TO the general laws of the state,
and especially in the matter OF the APP
pointment or employment Of a superin-
tendent OF schools and teachers.
1T seems 10 me IL the legislature had
intended otherwise that. in view OF the
broad provisions OF said special act Of
1896, II would have said so and not left
the matter I'M doubt to be determined BY
construction and implication. especially In
view Of the course of the past legislation
relative to the schools OF Providence.
which from the earliest times down to 1896
left the control OF It's public schools 10
local authorities.
Il understand that my view OF the law
I'm this matter was practically adopted by
the school committee from the time OF
the passage OF said act i'm 1896 down 20
the time that this question was raised.
The view that the school committee is
. continuing body seems TO me erroneous
Each year, by reason OF the infusion or
new members. Il is a new body and or
ganizes as such. The fundamental law as
m
jority rules. AS the superintendent is a
public officer his term naturally would
end with the life OF the body appointing
him. With an indefinite tenure, the right
or removal by succeeding committee
would be implied
III longer term than one year for the
superintendent is desirable. the leglsls-
ture. OF course. can fix a longer term or
authorize the committee TO fix II.
I'm brief. my opinion is. subject TO the
above qualifications. that the general laws
do not control the public schools. but the
control is vested in the school committee
by said act of 1896. and that the right OF
tenure OF the superintendent OF schools is
for year only"
RUECKERT REFLECTED.
Judge Frederick Rueckert was unani-
mittee at the annual organization meet
ing
An attempt by Thomas w Waterman tS
read the report OF the committee on
school houses on the result OF the Foss
investigation was met with the objection
that no other business could be transact
ed on organization night except by unan-
imous consent Mr.. Waterman pressed the
question and threatened 10 give the re-
port TO the newspapers II he was not all
lowed TO read H.
Subcommittee for the year were ap.
pointed and organized and chairmen o,
the ward committees named. Every mem,
Der OF the board was present. including
the Following four new members: JOSEPH
Donovan OF Ward .. William S Edward,
OF Ward 4. Charles L. Hancock OF Ware
and Frank V. Ventrone OF Ward o.
For chairman. Thomas w. Waterman o
Ward nominated the present incumbent
saying that his incumbency had restore,
the confidence OF the public In the com
mittee. and harmony with the city coun
ell TO a large degree.
Orsmus A Taft and Richard y. Com
stock seconded the nomination. and ~
Rueckerts election for NTH term wa
unanimous
COMMl IEEo NAMED.
Chairman Rueckert after thanking th,
committee announced the appointment o.
the following subcommittee. which or
ganized with the first named as the chair
man Of each:
Accounts-George +. \. Beanc, william
a. Shawcross. Isaac Crocker. John r
Monahan, Frank Z. Ventrone.
Annual report--Walter h Frost, Henry
T..
A. Harden. william s. Edwards
Apporuonment-Percy A. Harden, james
W. Mcfarland. John a. Tillotson. William
A. Shawcross. Orsmus A. Taft
y-Laws-Richard p. comstock. I'D.
ward A. stockwell. John W. Hogan. How
ard b. Gorham, Henry March, Jr.
Drawing-Charles 4. Hancock George
G.. Wilson, Daniel J. McOsker, John l.
6prague. Jr., George II. Nichols.
fat Of lnlaal ~ .IrI ..I.Il