New-York tribune., 1909-04-21

Legislature to give their appointment 10 oN-
thorities But the Legislature could not itself ap-
point or give that power TO the Governor
DR.. Draper Is. I think, in error in his assump-
ton that the laws of the state provide for the
appointment of members of the Board of EdUcauon
by the Mayor because he is the only general q
officer upon whom it seems at all feasible TO con-
fer the power of appointment" for the appointing
power must be vested In a local officer, unless the
people are to elect 1t held by the Court OF
Appeals in the matter of Gage Q4 n. Y, 1lD that
school commissioner is a constitutional officer
elected by the people of his locality The purpose
of the constitution according to Chief Judge Cul-
len. in the People ex rel. Devery agt Coler u'S
n Y 49, was to secure to the electors in locali-
ties the selection and choice Of their local officers
either Immediately by election mediately through
appointment by other local officers
Whatever may be the significance Of the consti-
tutional provision comforting upon the Legislature
the duty of providing for the maintenance ana
support of the common schools, that provision does
not take away the right of local control over the
administration of those schools through local Sc
lection election of their managers.
EDUCATION SEPARATE FUNCTION.
The decision in the Gunnison case, that the pol
Icy of the state from early date has been to
divorce the business of public education from all
other municipal interests business, and to take
charge of 1t as a peculiar and separate function
through agents OF its selection, and immedl-
ately subject and responsive to its own control
needs qualification The Legislature, in providing
for the school system cannot deprive the people
of the city OF their constitutional right to manage
their schools through their local officers
The Board of Education of New York City never
became separate corporation until 1851. 1t was
not separate corporation between 1871 and 1913
There is nothing new in the proposition to taEe
away its separate corporate life. A similar pro-
posaI made in the charter drafted by the
Committee of Seventy in 1872 and by the Charter
Revision Commission of 1900. That there is moth
ing sacred about the corporate character of the
board is shown in the Gunnison case, where 1t IS
stated that the Legislature might reduce the Board
of Education to a mere city agency. incapable of
being impeaded in the courts If such were It's in
tenton but the court in that case declared that II
had done so, because such an intention should
have been expressed in language so clear that no
doubt could arise to this change of policy 1t
is this change of policy or. rather this return TO
the original policy. which the Charter Commission
urges upon the Legislature.
It will seriously be argued that the consttu-
ton required the enactment of the Davis law for
If that were So similar legislation should have
been enacted the rest of the state whereas
the Davis law makes the situation OF New forA
City a complete anomaly in education In TINS state
AS Governor Hughes has well said, there Is no
reason why the principle of that law should be ap
piled TO teachers in New York City and not TO
those in Albany, Syracuse, Rochester Buffalo ana
elsewhere In tho state. Not another city OF tliS
state is regarded incompetent 10 proVlde LOT us
own teachers salaries. There is Board Of Edu-
cation in Buffalo. but the Council has complete
power TO determine the educational policy, and the
finances the schools absolutely in its hands'
The charte. of the former city OF Brooklyn re-
qured the Board of Education to present annual
estimates TO the Common Council ana gave tle
Board Of Estimate power ito estimate the amount
required to be raised by law for all the city ana
county purposes including the moneys raised lot '
Board of Education. The estimated budget was
then sent to the Common Council, which had power
TO reduce the amounts fixed by the Board OF ESu-
mate for the said several city departments ornces
and commissions including the Board OF kduca-
ton"
The charter Of the city of Buffalo places the
compensation Of teachers completely under the
control Of the City Council The charter of the city
Of Rochester practically leaves control OF the SUD
iect to its Common Council. and the recent chdI-
ter OF Binghamton requires estimates TO be Iur-
nished by the Board of Education to the Board 'i
Estimate and Appcrtionment of the salaries q
teachers. of other educational exPeHdm m eI aIi
gives the Board of Estimate power 70 ,i t',
their amount subject only 10 possible Leductl@oh @ 9y
the Board Of Education IN the mate ia Ut an ne
expenses. including teachers salaries. ulheI Ie
domination OF the city authorities
SALARIES ELSEWHERE
The city OF New York seems alone to be deemed
incompetent To treat its teachers with sufhcenl
Iiberalty, although 1t IS a well known fact that
every year il pays its teaching stan sums lar
beyond the requirements OF tie Davis law
Looking abroad to other cities. II viii "e found
that the Board Of Education Of na,.',g ~ NJ
submit an annual estmSte to 'ns ne -" "
the CITY Council may reduce bun inc. cdsy the
figures OF the Board Of Estimate. In fmiaaepilla,
Detroit San Francisco and other cities the City
Council uNes the amount OF appropriations i"i
teachers salaries.
the Board o Education should be vested IN the
Board OF Estimate and that the mandatory requ! o.
m+nts Of the Davis law should be repealed 1t pre-
serves legislative supervision over education and
prohibits any change by the Council In the proNl-
sons Of the charter code which touch this I'M
pOrtant subject.
The reduction in the size Of the board and the
changes designed to protect the educational stan
have received support In many quarters and are
believed to be in the interest of the schools. In
the preparation Of the educational chapter or the
charter and the code the commission has sought
TO reflect educational sentiment. and. apart
from It's proposed repeal Of the Davis law, its edu-
cational chapters meet the approval OF members
Of the existing Board OF Education. as well as or
former honored members of that body.