The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-07-28
ECONOMY URGED
IN BETTSS REPORT
ON SCHOOL SITE
Victory for Board of Education
in Decision of State Super
intendent Baxter.
EAST ORANGE COUNCIL
HAD OPPOSED BOARD
Decision Will End Long Dispute
Over Location of Pro-
posed Building.

Accompanying the decision OF State
Superintendent of Public Instruction
Charles j. Baxter yesterday, setting
forth tina it is the duty of the East
Orange City Council to provide the
money for the Board of Education to
purchase two plots on Arlington ave-
nue., north, Is a letter from j. Brog-
nard Belts, who went over the ground
for Mr.. Baxter, In which he states his
belief h the Walnut street site,
recommended by the City Council, is
the. most available. Mr.. Belts states
to the Council:
In accordance with the request of your
honorable body a visit was made to your
city and All inspection made Of the High
School building and the plots in Walnut
street and Arlington avenue.
The present High School accommodate
tions are very inadequate. The building Is
In good condition but 1t is entirely too
small for the number of pupils. Certain
rooms are crowded, have no ventilation and
have not sufficient light. The decision as
to whether additional. High School accom-
modations shall be provided by*enlarging
the present building or by erecting an en-
tirely new building must be governed very
largely by the feasibility of remodeling the
present building 50 as to meet the require
enents of the law regarding light. heating,
Ventilation and staircases, and at the same
time securing such accommodations as will
meet the needs of the district, not only for
the present but for some years to come.
This can be determined only by an archi-
tect after a careful study of the situation.
Favors Walnut street site.
The, Arlington avenue plot has q more
prominent location than the Walnut street
plot, but the two. plots are so near each
other that convenience OF access Is prac-
tically the same. The Arlington avenue
plot Is about the same size as the Walnut
street plot, but the greater cost OF the
the present High School lot OH the rear APP
pears to me to make the latter plot more
available.
While the law gives to the Board of
Education the right to decide where school,
houses shall be locatd and the size and
character of the schoolhouse to be erected,
subject only to the limit as to cost fixed
board should in reaching its. decision be
governed not only by the needs Of the
schools but also by the financial condition
of the district.
''While ample school accommodations
must be provided and such accommodations
must not only meet the requirements of the
law but should also be a credit to the dis
result in securing proper buildings with
the least possible burden to the taxpayer
and without making impossible other pub
lie improvements, except at an unduly high
tax rate
This Is, of course. not an official de-
cision on the matter of the purchase of
land for High School purposes in your city,
but simply my personal opinion given In
response to your request"
Bakers Decision.
After reviewing the facts in the con-
~troversy Superintendent Baxter says:
The school law gives to a board of educa-
tion the power to select the plot or plots
which 1t desires to purchase for school pur-
poses. aud its power to purchase the piot
OF plots selected can be controlled only by
the amount of money available for such
purpose. Neither the Board of School Es-
tinate nor the Common Council rs given
any power to decide as to whether or not
a certain piece of property shall be pur-
chased for school purposes. The sole duty
of the Board of School Estimate is to fix
and determine the amount necessary for
the purpose, and the sole duty OF the Com
mon Council Is to take such action as will
place at the disposal of the Board of Ed
ucation the amount of money determined
W on by the Board of School Estimate.
The Supreme Court In the case of the
Town Council of Montclair VS.. Baxter,
State Superintendent, IS At. Rep. 1874, held
that when the Board of School Estimate
had fixed and determined the amount nee
essary for the purchase of land and the
erection of a school house, 1t Is mandatory
upon the body having the power TO make
appropriations of money raised by tax, to
cause the amount 10 be raised by tax or
to borrow the same and secure its repay
ment by the issue Of bonds.
In the case before me it appears that
the Board-of Education has certified to the
Board of School Estimate that it has de-
cided to purchase two certain plots on Ar
lington avenue and estimates the cost of
said plots to be s41, 600. and that the Board
OF school Estimate has fixed and deter
mined the amount necessary for such pur-
purpose at said sum of $4,000.
megality Not Charged.
II ID not charged that there is any lille
galify In the proceedings OF the Board of
? Dducstton or the Board Of School Esti-
mate or that the bonds authorized to be
issued for the purchase of the Walnut
street plots have been sold or other action
taken which prevents the Common Council
from resembling the ordinance providing
for the issue of said bonds. 1t Is, there
fore, the duty of the Common Council of
sthe City of East Orange to take such ac-
ton. as viii. place at the disposal of the
Board Of Education the sum of S41, 900, to
be used for the purchase Of the plots OF
a n On Arlington avenue selected by the
BOARD ~ Edu~of{na