Middletown transcript., 1911-03-04
He Came Down The Tree

We print below the legal opinion that
persuaded Mr.. Spaid to ''come down the
tree'', in his impudent attempt illegally
to buldoze the Middletown School Board
by causing the pay of our teachers to be
held up by the Farmers Bank.
Wilmington, Del, March 1st, 1911.
GEORGE ID. KELLEY, Esq,
President Of the Board of Education Of
MIddletoWn, Delaware.
DEAR SIR:
Pursuant to the request OF your Board,
communicated to me through Joseph Q.
JoIls, ESQ.,, have examined carefully the
statutes of this State relating to free pub
lie schools, with the view of furnishing
you an opinion with respect to the ques-
ton now at issue between your Board Of
Education and the State Board OF Edu.
cation.
The Secretary OF the State Board OF Ed.
ueation, by his letter Of November ~,
1910, informs your Board that the State
Board of Education has adopted-a resolu-
ton which provides that eli teachers EN-
ployed by the various School Committees
or local School Boards must sign GER
tain prescribed form OF contract in tripli.
cate, one copy to be retained by the
teacher, one by the Schools Board and
the other to be sent to the Superinten.
dent of Schools for the County. As un-
derstaDd The situation, the State Board of
Education and Superintendent Spaid of
New Castle County attempting to enforce
this regulation BY Withholding from your
Board OF Education the part of the State
school fund which has been apportioned
to your School Districts and deposited in
the Farmers Bank of the State of Della.
ware at Delaware at Wilmington to the
credit of your Districts, until your Board
shall have made employment contracts
with your teachers in triplicate in the
prescribed form, when, as matter OF TACT,
your Board had made its employment
contracts with your teachers prior to your
having any knowledge or notice OF the
said regulation of the said State Board of
Education.
After having carefully examined the
statutes above mentioned, am clearly of
the hebpinion:
Fi~>t-Tbat the said State Board OF
Education has no power or authority to
adogt such regulation:
i lond-That, even if the State Board
of Z inca,ion does have power to adopt
such regulation, it has no power, autho-
rity or right to enforce the same in the
manner which has been attempted in this
case.
/ am further OF the opinion that il is the
duty OF the Farmers Bank at Wilmington
to honor and pay any drafts drawn and
signed as prescribed by law presented to
that Bank from your Board OF Education
for the payment of teachers salaries until
the above mentioned part of the school
fund credited to your Districts has been
exhausted; that this duty imposed upon
said Bank is legally enforceable; and that
no one hes the right to stop payment of
such drafts after the fund has been de-
posted except your School Board.
The County Superintendent has no pro-
vince, right or duty in the matter OF plac-
ing - list Of your teachers with the Farm
ers Bank as eligible to dIaw on the State
dividend, - as he claims in his letter to
YOU of October III, 1910.
A uniform employment contract for
teachers, think, would, in itself, be a
desirable thing and cooperation by all
the School Boards or School Committees
to that end would be desirable.
Y0urs,very truly,
RoBT. II: RICHARDS,