Waterbury evening Democrat., 1908-05-09
ACTING MAYOR SCULLY
Requested 10 AlieDd Meeting of
 Education Board.

To some 1t may have appeared somewhat trivial whether or not the president of the board of aldermen, as acting mayor, was within his rights in attempting to preside at meeting of the board of education the other evening, but to MT Scully and to the members of the board of education 1t was a matter of more than ordinary moment. It will be remembered that the board decided after sharp fight that the president of the board of aldermen was an in- truder and denied him. the right to participate in their deliberations. whereupon MT Scully declared the meeting adjourned and warned the board that any business it might | transact at that session in his ab- sence would be illegal Many thought MT Scully had made mis- take, while others contended that he was right. Since that time Mayor Thoms notified Mir Seully that he will be in Torrington Monday night and that the board of education will meet on that evening and he would be at liberty to do as he pleased about attending the meeting. MT Scully said he should refuse to do so unless the city attorney should give it as his opinion that in the absence of the mayor the acting mayor is legally the chairman of the department of education. Then his honor got busy. The opinion of the city attorney is as follows:
 Waterbury, May s, 1908. Hon William E. Thoms, Mayor. City
 of Waterbury, City.
 Dear Sir: Replying to yours of the 2nd inst, requesting my opinion upon the following questions, viz:
 1st. In the absence from the city or the mayor, has the president of the board of aldermen, as acting mayor, the right to preside over a meeting of the board of education?
 End. In the absence from the city of the mayor, when at meet ing of the board of education, the president of the board of aldermen is present, as acting mayor, and is able and willing to preside, and is not allowed to do so, is such a meet ing legal one?
 would respectfully advise you.
 That in answer to the first ques- tion, it seems to me that the char ter of the city, in section 30, clear ly states that if the mayor shall be prevented by absence from the city, that the presiden. of the board of aldermen shall have all of the rights, powers and duties of the mayor. I am of the opinion there fore that in the absence from the city of the mayor, the president of the board of aldermen, as acting mayor, has the right to preside over meeting of the board of educa- tion.
 In answer to the second question, I should certainly advise, that if the mayor, or in his absence from the city, the acting mayor should be present at meeting of the board of education and should be prevented by said board from presiding over its deliberations, then any acton 'aken by such board at such meet ing would in my opinicn be illegal.
 Respectfully.
 JOHN P. KELLOGG,
 City Attorney.
 In justice to all parties to this little tilt perhaps 1t ought to he said that 1t was simply "a case where few men interpreted the charter differently. The board evil dently thought that its rights were being invaded and defended them as they had right to do win the view they had of the situation. On the other hand MT Scully was sure of his ground and there you are. There is no such position as vice. chairman of the board of education and there never has been. PerhaDs the board ought to have the power to elect it's own chairman and vice. but that is not the ques- tion just now.
 Many believe that when the mayor is absent the president of the board of aldermen is simply acting under from his honor. In other words. that the mayor dele gates him to act in his stead. This is not the fact. The charter, not the mayor. clothes the president of the board of aldermen with authority. The mayor has no right to delegate the president of the board of alder men to do anything in the capacity of acting mayor. When Mayor Thoms is out of town and so reports to the president of the board of al- dermen. as he has promised to ip order to avaid misunderstanding Mir Scully will exercise his own judg- ment. and If he decides to act in the of acting mayor he does not propose to employ detective to find put whether the mayor is actually absent or not. He thinks 1t only fair to take the mayor al his word.