The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-01-10
School Board or Not, That Is
the Question.
City Officials Can't Figure Out
Mighty Problem.
MIGHT BE ILLEGAL.
If Board Is Elected Law Might
Break 1t Up.
More Trouble With New Com
mission Laws.

Will Topeka have a school board?
If so. when will the members be elect
ed?
II they are elected will be the election
be legal?
These are the three questions that
are bothering the city officials at this
time. In fact it has caused such a
diversion of pers onal opinions that the
whole matter has been referred to the
city attorney and his opinion on the
matter will be awaited with anxiety by
those corrected with the primaries and
the elections proper which are scheduled
for April
It seems that the new commission
plan law says nothing about the cleo
ton of the six members of the school
board. Not a line or a clause in the
new laws would suggest that there is
such a thing as school board under
the commission plan. Furthermore there
are no provisions in the law that would
give the city officials legal authority to
call a primary for the nomination OF
mem bers for the Topeka school board.
Under the old primary election laws
1t says that the primary election Ior
the nomination of the members OF the
school board shall be held on March L.
This also states that the petitions for
a place in the primary ballots shall be
sent to the city clerk for file, 40 days
before the primary.
It can be seen at once that 1t Is an
solutely necessary that City Clerk
Burge know at once when the primary
shall be held. In case the old law hoids
good It means that the petition Wou!d
have to be held some time tins month.
With this task ahead it is customary
and according to law that the city clerk
shall send out posters over the city an
nouucing the election, print official no
tees in the official city paper tSe
State Journal and make all sorts ana
kinds of red tape announcement in
hot "a "a
ir legal manner.
The new commission law says that
all the city offices and city off1cers snali
remain the same with the exception OF
the mayor and the city counclL me
new law removes these members from
Office but leaves the city engineer, the
cftv attorney, etc. in their old posltlons
until they lose their places by the
e5piration of the time from the last
election. And still there is nothing said
about the school board-and their rlghts
to expel Students from school
The old Jaws say that there shall be
12 members on the city school board
six of these are elected every year,
nominated by the city primaries Wnlch
are held in March. This spring 1t is
time for the election of six new MEM
hers-one from each ward, elected by
the city at large. When they VIII pc
elected and if their election Will be le-
gal if held under the old or the new
IF the school board is elected under
the new commission laws and the prt-
maries held the same day with the
regular mayor and commissioner elec-
ton primaries it is doubtful whether or
not the election can be declared legal,
according to the city officials.
Suppose that we should elect these
men and then short time afterwards
a contractor should come out after he
n md ri
that the members of the school BOARD
had no right to pass upon his bid He
might say that they are not legally
members of the board and take the
matter to court. It can be said thai
the city would have little show of prov
ing that the members were really lega1
misunderstanding to the advice that
we now have on hand"
City Clerk Burge has taken the mat
ter up with City Attorney Ralston ano
he will give out an opinion at once. Mr.
Burge thought that 1t would be proper
to call up Wichita and LeavenWorth-
cities who have held elections under
the commission law-and ask them con-
corning their action. This was done
and the replies were not very satisfac-
tory.
Neither of the cities knew Just how
the election was held-but they did say
that they had combined the two pri-
nlaries and nominated the school board
and the commissioners and mayor tins
same day on the regular commission
plan date. which is the second Monday
preceding the election. When asked BY
Mr.. Burge where they got their aJI-
thority for such action they were mo-
able to tell. They simply stated thai
they held the election and let it go a
that
Meanwhile the whole action on tht
future school board depends upon the
decision of City Attorney Ralston.