The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-12-11
SAME BOARD
IN CONTROL
OF SCHOOLS
Says Appointive Commis-
sion Cannot Take Reins
Till Final Legal Decision.

In the opinion of School Commits
sioner j. Edward Smith, lawyer, who
previous Ito the election was an ardent
worker for the small school board,
neither the newly elected School Com
nissioners nor the nine to be appointed
by the Mayor will take their seats
January l should the matter be tied
up in the courts, as the ''insurgent
commissioners contemplate doing.
In Commissioner Smiths opinion the
body which will administer school al
fairs after January l. under those con-
ditions, will be the present Board OF
Education, consisting of thirty menl-
bers, fifteen of whom would so out
of office ON the first of the year, under
According to statements of the com
,nittee of contestants who met Monday
night in city Hall and decided TO fight It
ont In the courts the writ OF certiorari
which they seem to think they VIII secure
would result in the newly elected MEM
bers taking their seats January l. THIS
would change he political complexion OF
the board, twenty Democrats and twelve
Republicans having been elected TO the
large board last month in the event that
the small board was not voted upon affirln-
atively.
THE law is perfectly plain in this re-
spect,n said Mr.. Smith today TO an
EVENING STAR reporter Section 20 OF
the school law provides for an ad interim
board in case of the failure to organize a
school board under the provisions preeed-
ing it. which set forth the referendum
feature of the law.
Common sense would show that this
was true. Suppose John Jones and Henry
Smith are fighting for an article IN the
possession of Robert Brown. writ OF
certiorari or an injunction is secured.
Does this give to either of the contes-
tants the right to keep the article until
the court has decided upon Its owner
ship? Certainly mott The man in whose
possession the article Is keeps 1t until
the court decides otherwise.
Applying the same argument to the
school board the present board will re-
main in charge Of school matters until 1t
is decided whether the newly elected or
the appointive board Is to be given the
right to conduct the school affairs.
',Thls would mean that fifteen commits
sioners whose terms sexpire January /,
1903 will continue TO hold their seats until
it is decided by the court whether OF not
the act is unconstitutional. A pretty mix
up this would be.
Personally, I don't think that the in
surgents have a legal leg to stand upon.
| don't see. in the first place, why they
are fighting The office pays nothing, but
involves a great deal of hard work. aud
most men are trying to avoid all the hard
work they can. In the second place, even
If they do involve the city in litigation,
they will not benefit by 1t until the court
has passed upon the case finally, as in-
junction proceedings or a writ of certiorari
acts both ways.
1T is said that the constitutionality of
the act is to be attacked although on
what grounds l cannot see. Certainly the
act of the Common Council in voting to
submit the matter to the people at the
polls cannot be questioned, as such action
Is specifically provided for in the act. 1t
is not mandatory upon the Council, but
discretionary"
Should Commissioner Smiths opinion
prove correct when the matter comes up
for test, the unusual sight Of men who
were elected for two years serving on the
board after their terms expire will be
presented. Fifteen members who would
go out of office under normal conditions
will remain on the board as has been
stated, and the board will remain evenly
divided politically until the case in court
is settled.