The Montgomery advertiser., 1908-10-13
CODE JOKER
 IS SIGHTED Boards of Education Are
 Missing. TOWNS FAILED TO ELECT THEM No Way Apparent for Filling Numerous Vacancies. September :1st was the Date for Hold ing Such Elections In all Towns of Less than 1000 Popu-
 lation.
TOWNS FAILED TO ELECT THEM

EQucdll0na0 auInOTllleS udNe slBHL- | cd more breakers in the offing. Il
 may be a Code joker or maybe not. Al any rate 1t wears the face of a rebus and towns of 1000 people and less | may have to solve the thing.
 | Every incorporated town In Alabama | having 1000 inhabitants or less should have elected five members of a board of education on September 21st. Sec tion tT5 of the Municipal Code made this mandatory. It is believed that little trouble would be experienced in counting those that complied with the law. Therefore, what is to be done about the vast majority which let the statute slip their minds.
 The. State Department of Education is moving slowly in the matter. Strictly speaking they are not responsible for the situation. But 1t Is believed there Is an interregnum in the boards of education of these small towns. The Department of Education would like to do all in Its power to rectiry things. Chief Clerk W. F. Feagin has spent many an hour trying to dig up a solu- tion.
 The trouble Is that there seems to be no authority for filling the offices The day of the election has gone by. The officers should have been voted for September 21st when all the muni- clpalities held their elections under the Municipal Code bill But having omit ted this duty, the several local authori- ties are up in the air.
 The serious part about the affair Is tn at the county superintendents of e5u- cation are slow to check out money to be paid teachers of these towns If elected by educational authorities that are no authorities. It is true that they may proceed with the disburse- ments as usual because of the general rule that officers of all characters hold until their successors are elected and qualified. This assurance does not seem to satisfy all county superinten- dents, however, because flood of let. ters Is pouring in on the Department at the Capitol. asking for relief from the puzzling status of things.
 Finding nothing in the Municipal Code bill itself which would help con- ditions any, Chief Clerk Feagin applt- ed to the Attorney General for advice That was Monday morning. Col. Garber. while he may look into the case, could not pertain to the State. Such advice in this class of matters because 1t does not pretain to the State. Such advice as maybe given would be voluntary.
 There, was some talk of submitting the question to mayor-elect Gaston Gunter, of Montgomery. who Is looked upon as the father of the Municipal Coda blli. Hs would be asked-for & construction of the law and to. suggest a remedy for the trouble.
 The Municipal bill, sometimes known as the Uniform Charter act. divides city educational boards into three classes First. are the boards of cities having 5000 people and more. Second there are the boards of cities having less than 5000 and more than 1000. Third. there come those numerous in- corporated towns of less than 1000 in habitants.
 The bill prescribes the terms of office of board members of each class. In the instance of the first and second classes. provisions is made that the members shall be chosen by the city council at the first regular meeting in April, 1909. But in the matter of the third class. 1t specifically requires the following:
 Tn towns of one thousand popuia- ton or less the management and con = trol of the public schools therein shall be vested in a board of education to consist of five members who shall have all the powers and be vested with all the authority in relation to such public schools as boards of education in cities. Said board of education shall be elect ed by the qualified electors of the town at the first regular municipal election held under. the provisions of
 this act and biennially thereafter"
 There Is no provision for supplying the board members unless elected as prescribed. There Is, however, a pro- vision in the other two classes that in the event of vacancy 1t shall be re- ported to the council and by that body hlled at the next regular meeting.
 Those interested are hunting for a way out of the muddle but so far the way seems hard