New-York tribune., 1909-04-21
NEW CHARTER FOR CITY
J. HAMPDEN DOUGHERTI
EXPLAINS FEATURES.
1t Abolishes Board of Education as
Separate Corporation and Glres
Mayor Pozcer of RemoUaL
By J. Hampden Dougherty. Member OF the 0haf'er
Commission.
SEVENTH ARTICLE.

By J. Hampden DOugherty. Member OF 'he 'haf'e'
Commission.
SEVENTH ARTICLE.
So much rnisconception prevails resat
educational chapter of the charter 'ha' - :
able briefly to explain the few changes II PiOP
II aboIishes the Board of EducatloA as d 'ol o
corporation and gives the Mayor power " 49,
all commissioners at pleasure ana 10 lol -.
nresident of the board. 1t reduces the Doaru Il o
for+v-six TO fifteen 1t places the expenditure VI
that BODY under the control of the Boaro u -. -
mate and Apportionment and repeals al
provisions for teachers salaries. -, s,,
The other changes affect the tenure OF 'he euu
cational staff. For the six-year term OF the sup -
,isinq force the charter substitutes pracucal lle
tenure and surrounds principals and teachelS W
safeguards against arbitrary removal II d" -
some autocratic functions of the Guy supei
ent who may ignore the eligible lists anu
a principal or teacher has passed the higheS' eA"l,
nation for office may nevertheless select Some p
son not on the lists and bestow upon MIN t4e P
earned by the recipient of the highest marx; =,
1t gives The Board of Education free haHu III
the appointment of district superintenoents llo't
persons having the requisite qualifications, ns'eau
OF recurring it to appoint nominees OF the CITY SUI
perintendent. These are the important chaleeS p'o
posed in the law. The arbitrary power OF reiiioNai
given to the Mayor is a mistake, and 1t would oe
easy by a Slight amendment to continue MS present
power of removal upon charges
Among opponents of the commission s plah lI'9
appeared DR.. Draper, State Commissioner ol fu1
cation. Opposition FROM such source merits
spectful consideration. Briefly stated pr- Dlapei
argument that education is state tuhc'ioI 'io'
the members of the board state ohcers' Ihal
the Constitution reI Iires the Legislature 10 pto
vide for the maintenance and support of a system
of free common schools, which it has done Dy cur
stitutng "a local educational organization Ior
every rod of its territory ana that the educaloh
laws OF the state provide for the appointment Oh
members of the Board of Education by the mayor
not because he is Mayor but in spite OF that lac'
and because he is the only general ofhcer whateVer
Il at may mean upon wnom IT seems at all 1easipe
TO confer power of appointment" He is, therefore
opposed to the discontinuance Of the board as a
separate corporation and TO the increased controi
which the commission would give the Board OF Is
innate and Apportionmeut over teachers salaries
EDUCATION AS STATE FUNCTION.
Education may be state function, as is police.
fire or health and the constitution may direct the
Legislature to provide for the school system but
the vital question is. How shall the Legislature
provide? May it directly appoint or may IL con-
fs- the appointing power upon the Governor OF
must il provide local machinery for the manage
rnent Of the schools and conhde their administra-
ton to the local authorities subject 10 the states
right of supervision and general regulation?
This last I think. is the true theory of the
constitutional provision. 1t is the only theory
which harmonlzcs that provision, first put into
of the organic law which has been in IT since
1876, and which declares that all city, town and
village officers whose election or appointment ls
not provided for by the constitution shall oe
elected by the electors Of such cities. towns and
villages or of some division thereof or appointed
by such authorities thereof as the Legislature
shall designate for that purpose
ScnooI comm tssioners and members OF boards
Of education must be elected by the people of
the locality, must be appointed by some local
authority. That the city cannot be deprived of
the right Of selection of its own board Of educs-
tton and that the board need not be and not
originally corporation may easily be established.
The state took its first step toward the estab-
lishment Of education in 1889. The common
school fund created in 1875 was by the constitu-
ton Of 1922 rendered invioable and directed to
he devoted in perpetuity TO the advancement If
the common schools. In June 1912, the Le6is-
Iature provided for the election in town meeting
by the citizens Of each town of three commits
sioners % education to manage the concerns Of
the schools within the town. and six persons, who,
together with the commissioners, should I've in
spectors OF schools the functions Of the inspec
tors being TO examine teachers visit the schools
and advise the trustees. The school commission
ers were authorized to divide their towns into
school districts. and the people OF the districts
were authorized to elect trustees
In 1880 the Revised Statutes provided that at
each annual town meeting three commissioners
and three inspectors of schools should he elected
In 1913 the offices of commissioners and inspec-
abolished. and the functions of both
of officials devolved by law upon elected
town superintendent Of common schools" The
duties of trustees of school districts left
unchanged All these officers were and have al
ways been local officers. This system did
originally apply New York city for until 1912
there was no common school system in the city.
The common school fund apportoned among
the school districts in the following manner II
was paid by the state Controller upon the certif-
cate Of the state Superintendent of Education TO
the proper fiscal officer OF each county who In turn
was charged with the duty OF paying to the school
commissioners OF each town the share allotted by
the state Superintendent of Education TO that
town. and the school commissioners, whose bust
ness II was divide the town into school disIicts.
we're to apportion the share of the fund allotted
20 the town among such districts had main
tained a school for three months of the year
THIS CITY's sYsTTM.
New York city having public schools, part of
the common school fund was for years apportoned
10 the Public School Society organized in 1895 The
societv's claim to participate in the fund was
subsequently challenged by schools of the Roman
Catholic faith and the result was the establishment
of the common school system of New York City
upon the recommendation Of Governor Seward. In
his message TO the Legislature, in 1912, he said:
Restore to the people of the city-what l am sure
the people of other part of the state would upon
anv consideration renquish-the education of their
children. For this purpose II IS only necessary 70
10 be composed of commissioners elected by the
people.
The Legislature in 1912 extended the state COM
mon school system TO the city Treating each city
ward as analogous to a town. it gave each ward
two school commissioners. two inspectors and five
trustees all 10 be elected by voters qualined to
vote for charter officers.
The commissioners constituted board of