New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-04-26
TWINS CRITICISES CHARTER
Notes Contradictions in Chapter
on Board of Education.
he Editor Of The Tribune.

4
the bill recently introduced into the Legis-
lature and called the "Gaynor charter.
would appear to he the work of everybody
except the Mayor It is not obvious from
this interview precisely what part the
Mayor has taken in drafting the very re-
markabe bill now pending before the Leg
islature
Down to the present time the only feat
urs Of this bill which has attracted atten-
ton is the chapter dealing with the Board
Of Education | shall not now attempt 10
characterize this charter as a whole, not
outstanding the fact that very thorough
study of its details has convinced me that
even if its policies were acceptable II Is
nevertheless so drawn as to lead to much
confusion and affords no solutions OF rec
ognized municipal difficulties, but is note
worthy mainly because Of its relation 10
professional politics. l prefer TO treat the
matter quite impersorally, purely and SIM
| ply as a matter Of law, and for the present
and in order to emphasize this purpose. VIII
speak Of the proposed charter as though II
were actually enacted and in force.
To illustrate the great point as 10 the
difficulties Of Interpretation which would
J be raised by this charter, assuming II to be
/ W. /
catonal chapter and those sections which
relate either directly or collaterally 10 that
chapter
! BY the provisions Of the charter the
/ Mayor is TO appoint seven members Of the
Board of Education. The full term OF each
of these members is ultimately to be five
years They are to receive salary OF 49,
| 0oo year. with the exception of the presi-
dent, who is TO receive salary of $1,000
a year. The powers Of the board are de-
scrbed as follows:
| Section AIS. Powers of Board. In ad
| dtion TO the powers herein expressly con-
ferred and subject 10 the provisions Of this
| act the Board Of Education shaI nave
| power:
i To establish and conduct and to con.
| sOlidate or TO discontinue schools or classes
as II may deem eXpedient. :
To change the grades or schools ana
! of classes in any school In the system. allo
TO adopt and modify courses of study for
g. TO provide special day or evening
! classes TO instruct in the English language
| persons who cannot use that language IN
! diligently and whose vocations prevent
their attendance at other schools.
To maintain free lectures and courses
/ o. instruction.
. To select textbooks. apparatus and
! otf er school supplies: but no book OF which
any member of the board or any oincer or
employee is the author shall be used IN me
| public schools. except when authorized by
| the unanimous vote of the board
| 6 To equip. maintain and manage al.
school buildings. subject to the provisions
+ TO apply 10 the Board Of Estimate for
the ACQUISITION of real property necessary
| for school accommodations
| 3 To equip. maintain and manage pay,
| grounds. recreation centres and school
. To assign to duty and transfer all Off
GERS and employees s Of scb 5ne sTpem
| 10 To TX. subject to the approval or the
Beard Of Estimate and Apportonment ana M
the Board of Aldermen, the salaries or all
| officers and employees of the department,
| including those OF the school system.
| The board is no longer 10 be. and 1t Is IN
nv opinion proper that il should no longer
be. an Independent corporation, but be
comes a department of the city government
| like any other.
This latter fact, however. in turn becomes
OF extreme Importance because Of some OF
j the novel features Of the charter with re-
gard 70 CITY departments generally
In addition 10 the powers of the Board
OF Education as prescribed by Section 449
Il would seem that the head Of the depart
ment by virtue of Section 2s9. would nave
| the power ito make and enforce rules ana
regulations for the administration. govern
ment and conduct of the public business %
| such department. etc
! But by Section 236 the Board Of Alder
men is given power Ito provide for the
efficient and orderly transaction OF the
business and government of the city"
| Moreover, Section 297 provides for
Board Of Administrative Detail. as follows
There shall be a board for the determine
! ticn of matters OF administrative detail re-
| lating 10 the several departments when
| shall be composed Of the Mayor. Con
troiler and the Corporation Counsel. This
| board shall regularly determine and nave
! exclusive control over all questions OF the
| Jurisdiction functions, duties and response
bili,ies of all departments, boards. Offices,
commissions and bureaus in the city or any
borough OF county therein, subject only 70
the provisions of this act. The board shall
| determine any question which may arise
IS IN the powers duties and functions Of
all divisions Of the city government. includ-
| ing the counties and borouehs contained
| therein.
Another provision of the charter author
ICES the Board Of Administrative Detail to
appoint all cashiers Of all departments,
thus relieving the heads of departments Of
the responsibility for the direct financial
administration Of their own affairs.
This Board of Administrative Detail
which is really the Mayor himself, is given
the same measure and character of juris
dicton over county Offices, including the
Office OF the District Attorney. as over city
Offices
Then later we have these provisions
copied from the old charter:
Sec 992 The mere omission from this
act of any previous acts or OF any Of the
provisions thereof. including said consoli-
dation act Of 1882 relating 70 or affecting
The municipal and public corporations here
tofore united and consolidated to form the
city Of New York. or any of them, shall
not be held 10 he a repeal thereof.
And.
Sec sa3 All the provisions of all acts
Including the consolidation act. relating 10
the corporation heretofore known the
Mayor, aldermen and commonalty Of the
CITY Of New York in force at the time this
with this act and with its purposes. and
which are not revised and included in or
the subject matter thereof covered by this
act are hereby extended 10 the CITY.
Reading these provisions together what
would be the jurisdiction OF the Board Of
Education? What laws would he applica-
Bile 70 il? How far would IL be. so far as
IT'S rules are concerned, in the hands Of the
Mavor1 What Independence and what re-
sponsibiity. if any. would II have?
call your attention 10 the foregoing ref
erences because II is impossible TO discuss
the educational chapter without consd-
GRAFTON Of these other ss-divsional sec
tons
NAV say in closing that the situation
which would arise with regard TO the Board
OF Education IS typical q that which would