New-York tribune., 1909-04-10
NOT CITY OFFICERS
DR.. Draper on Proposed Charters
Educational Provisions.
To the Editor Of The Tribune.

OF; Al the joint hearing upon the education
/ chapter of the proposed New York City charter.
held by the Cities Committees of the Legislature on
I the 9th inst Senator McCarren very pertinently
asked why the management of the schools should
not be through a department Of the city govern
ment as well as the management Of the police ser
vice or the fire service, etc The answer was not
given as completely it seems me it should be.
The reason is that the Constitution (Article
IN, Section y directs that the Legislature shall
provide for the maintenance and support Of a sys-
TEN Of free common schools The constitution
does not require the Legislature TO provide for the
maintenance and support Of policemen fremen
or street cleaners. The Federal Constitution omit
ted all reference to the education of the people,
evidently because that was deemed TO be matter
for the states. All states have assumed control
over it, 1t has not been left to inference or mpli-
cation Every state has erected a state system Of
education by positive provision in it's constitution
ard laws. In no case has state permitted 1t 10
become matter for a municipality as such 10
deal with Often state has utilized the machinery
Of a municipality to care for some interest OF the
schools. but that has been only for convenience or
from the necessities of the case.
Following the mandate Of the constitution, the
state has enacted general educational laws and
constituted general educational authorities for the
specific purpose of assuring adequate and suitable
schools in every part of the state. The state has
constituted local educational organization Tor
every Of territory, which local organization
becomes d part of the states general educatlohal
system. but II the people OF any CITY VI NS'4i'I'
through such local organization, omit TO maintain
schools or maintain inadequate inefficient schools.
the law and the authority Of the state at once step
In provide them Ordinarily the local interest in
education is sufficient for all ends Commonly there
is enough good sense in a community to prevent
the use of the schools for other than educational
The American spirit is generally TO be relied
upon carry out the states educational plan ac-
cording to its letter and intent But it is not al
ways
In every part of the state and since the edu-
cationaI system began to grow. the public schools
have been part and parcel of the state system,
designed equality of opportunity to all the
people OF the state The New York State constitu-
ton throws upon the Legislature direct and i'm
mediate responsibility for the maintenance and
support of a system OF schools wherein all the
children Of this state may oe educated" This, Of
course charges the Legislature with responsibility
for a system Of schools which shall be suitable and
adequate for the purpose named 1t has come TO
be fundamental that the educational system Is a
state system. and in municipal system
Public education IS completely differentiated from
those municipal activities Cor which the municipal
government should oe charged with primary re-
sponsibility.
This state raises by tax, and pays from its
treasury. something like seven millions of dollars
a year for the support and maintenance Of
its educational activities. Where the money Of
the states goes. the responsibility and diTec-
tion Of the state go. also This IS not the mere
theory OF education Of1CeT- II Is 0Neq Oy tu-
holdings OF the courts OF last resort IN all the states
where the subject has had the advantage of judi
cia determination. There is no lack Of determine
tons to this effect by the Court Of Appeals OF the
State Of New York. There are no well considered
legal authorities opposed to this fundamental prin-
cIpe the educational system It is the only prn
Cive upon which reasonably efficient educational
system may he assured in all parts of a state
The New York state Legislature has uniformly
observed this principle in the making Of laws
whenever laws have not been smuggled through
the Legislature without real consideration. The
LEGISLATURE has also observed this principle N
the Interpretation. we'll as in the making, of
laws The constitution provides that no per
shall be eligible TO the Legislature who at the
time of his election is ''an officer under any CITY
government" In 1875 school inspector in the
city Of New York was elected TO the state Senate
His seat was contested the ground that as such
school officer he officer under the govern
r1ent of New York city. The Senate decided that
The BOARD Of Education Of the city of New York
vas possessed Of powers and liable to the per
70 nance Of duties not of a local character ana
hence was under the city government The
charter Of the city Of Albany. through piece or
legal buuzlinE, enumerates members Of the Board
Of Education among the city officers member
o1 that Board of Education was elected TO the
Legislature His seat contested on the ground
that he was coHsttutionaIIy ineligible After full
consideration of the subject Of all parties IN
the committee of investigation agreed that. not
withstand1g the provision in the Albany city
charter a member of the Board of Education was
not and could be city officer. and therefore
was not ineligible 70 the Legislature-and the
House adopted the report without dissent
In view Of all this. the provisions in the pro-
posed New York City charter including members
of the Board OF Education in the list Of city Off
GERS and specifically constituting the education
deDartrnent an administrative department Of the
government Of the city of New YORK are oo'n
1neaningIess and confusing
The education laws Of this state and OF many
other states have provided for the appointment
of members of the Board OF Education by 'he
Mayor not because he is Mayor. but IN spite ol
that fact and because he is the only general Of
ecar unor whom IL seems at all feasible to confer
rba nower Of appointment. Upon the whole aP-
noIntment in that way has perhaps worked as
well as the creation Of the board In any other way
would have done But the provision in this pro
nosed charter that the Mayor may remove any
,ar,bar of the Board of Education at his pleasure
is q vicious novelty in legislation which has never
been invented until now
y Zoos without saving that the educational sys-
tenn must necessarily be separated Just as lar d
nav, be from the political activities OF a munci-
raIIt1- OF course there likely to be points OF
inevitable contact No one has been disposed 10
.aa,,,Iair much about the school budget going 10
central board Of estimate and apporuonment TOT
o,sideratfon with other public expenditures. be
cause of the almost imperative necessities OF the
as. T2,,t any arrangement which empowers any
hoard or officer Of the city TO fix or ehange teac-
ars salary or To do anything else bearing upon
.h, fraadom and efficiency Of the schools and when
does not give the management of the schools aoSo-
luteIv and completely 20 the officials who are CHOSEN
for that narticyIar purpose, ought TO be stouty re-
sisted by every who is Interested IN tle "eiiie
of the schools
The provision in the proposed charter that the
BOARD Of Education of the city of New York shall
not rossess the powers or privileges of a corpora
tjon taken In connection with many other proVl-
sions to some of which have only alluded. sub