The evening star and Newark advertiser., 1907-07-27
NEIDLNGER LOSES
DECISION AGAINST ORANGE
SCHOOL MEMBER.
Commissioner From First Ward Must
Lose Seat If State superinten-
dents Verdict Holds.


In decision from State superintendent
of Schools c. ]. Baxter, of Trenton. which
was received today by City Counsel Will
lam A. Lord. of Orange. School Commits
sioner William II. Neidlinger who was
elected TO the Orange Board of Educa-
ton last November from the First Ward
Of that city on the Democratic ticket, is
declared ineligible to office because he
was nor n resident of the district when
elected. Mr.. Lord prosecuted the case
against Mr.. Neidlinger
The proceedings against Mr.. Nedlinger
were instituted by Hugh J. Brady. a Re-
publican leader of the ward and brother
in-law of Daniel Hutcheon. who was de-
feated by Mr. Neidlinger The retirement
Of Mr.. Neidlinger, If the decision holds.
VIII make another vacancy and will lessen
the number of the active members of the
body. The removal of the Democratic
member will make no difference so far as
the politics of the board is concerned as
the division in the body IS not political.
The two sides that have aligned against
each other include Democrats and Repub-
leans ON each
The text of Superintendent Baxters let
ter is as follows.
1t appears from the evidence in this
case that at the election in the City of
Orange held on November 8. 1906 William
H. Neidlinger received a ma 1orty of the
votes cast for member of the Board OF
Education from the First Ward of the
II further appears from the affidavits
submitted and also from the admissions
made by sald Neldlinger, that he had not
been a citizen and resident of the city
Of Orange for at least three years inn
mediately preceding the first day of Janu-
ary, 1907, on which date the term of office
for which he had been elected began
1T further appears that the question
Of the fneligibility of Mr.. Nedlinger was
of Essex. and that said court dismissed the
petition on the ground that the affidavit
to said petition was insufficient and that,
therefore. the court was without juris-
"The decision Of the Circuit Court was
appealed to the Supreme Court, and the
decision of the Circuit Court was affirmed.
me court. therefore. has not passed on
the merits of the case. and that matter
now comes before me ON the petition of
Mr. Hugh !, Brady, requesting that | shall
declare William II. Neidlinger Ineligible
to membership in the Board of Education
OF the city of Orange, for the reason that
he has not been citizen and resident of
said district for three years Immediately
preceding his election to the board as
required by section Al of An act to estab-
ish thorough and efficient system of
Tree public schools and to provide for the
maintenance. support and management
thereof approved October 49, 1908. The
language of section Al of the act is very
+ clear and makes ineligible TO membership
In board of education any person who
shall not have been n citizen and resident
of the district for at least three years inn
member of such board.
Mr.. Neidlinger admits that he has not
been resident OF the school district OF
| the city OF Orange for three years i'm.
mediately preceding January l. 1907, bu
4 urges that the provisions of section Al ol
4 the general school law do not apply tt
members of the Board OF Education of the
city OF Orange, for the rcason that sail
4 school district has not adopted the pro
visions of either section IS or 80 of sal,
law. Section 40 of the law provides tina
the uf Pf n
81 shall have been adopted by the lega
voters OF any city, the members OF thi
nSard or education In such city shall be
selected. elected or appointed at the sam'
Time and IN the same manner and shal
serve for the same terms as the mem bers
OF such boarl 4 education have been here
tofore seiectei elected or appointed, and
that said board Of education shall be here
after deemed TO be Incorporated under the
provisions of section 45 of this act, and
Ahall have oil the powers and be charged
with all the duties conferred or imposed
! upon board Of educatlou as provided IN
/ this article.
'ScectIon 2I6 Of the law repeals all gen
eral, special or local laws inconsistent with
| the general law, and provides further that
| all school districts shall hereafter be gov
| erned solely by The provisions OF the act.
| Every provision OF article vi. OF the gem
eral school law applies to the board of
| education and the members thereof IN
every city school district In the State
where such district has or has not adopted
the provisions of section 3S or 80 of said
act
In the case Of Wendell vs. Board of
Education of Hoboken. 66 All. 1876 one
of the points raised by the Prosecutor was
that the provisions of article did not
extend To the Board of Education OF the
city Of Hoboken. for the reason that said
board was not created in accordance with
section IS or 30 Of the general school law
Of 1903. The court held that 1t was the
general purpose of the school law to create
In every city the then existing board of
education as corporation, with all 'the
powers of the act of 1909. and that all
boards OF education of all cities of the
State were brought under the act of 1903,
and their proceedings and powers were
solely such as that act conferred after the
date Of its approval
ut Is. therefore. the decision of this
department. that William II. Neidllnger not
having been resident of the city of
Orange for three years Immediately pre-
eeding January /, 1907 is Ineligible 10
membership in the Board of Education of
the city of Orange The vacancy created
by the ineligibhty of the said william II.
Neldlinger is to be filled In the manner
provided by law for filing a vacancy In
the Board of Education of the city of
Orange IN force at the time of the ap-
proval Of the general school law ON Oe-
tober 19, 1903"