Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1912-09-20
THE FACTS AND LAW ABOUT
THE STATE EDUCATION BOARD

There IS an amusing enort In certain quarters ~
twist the record and dodge the truth concerning the
present muddie in the State Board of Education
But the history of this unfortunate affair is too
clearly written TO dstorted and the course which
Governor Brown has Lursued is so fragrant a breach
Of law and precedent that it leaves no loophole to
defense or extenuation. He has sought to remove
from the Board for purey selfish reasons, two OF Its
members who were legally appointed and duly con-
frmed He has sought to put in their places two OF
his personal appointees whom he had no authority
under the law TO and who were virtually re-
iected By the Senate. And as ccnseG Lence of his
hgh-anded action the States common school system
has been dragged into the muck Of peNy pU---
and jeopardized at fits most vital points.
Let US review briefly the circumstances from
which the present confusion has arisen.
In August 1911, on the last day Of the Legisla-
ture then in session. there was enacted bill for
which the teachers and other friends of Georgia's
common schools had been dong and earnestly striv-
ing It provided for many improvements in the
school system. among them being State Board of
Education which should be scrupuously free from
politics and which should have large powers of
supervision over common school affairs.
This measure. as we have said, was enacted on
the last day of the legislative session. Necessarily
II did not reach the Governor for his approval until
after the Legislature had adjourned. The executive
minutes show that it was approved August the
twenty-Rrst 1871 after the General Assembly had
ended its deliberations. Thereupon, in accordance
with the terms Of the act, it became the duty of
Governor Hoke smith, then chief executive, to
appoint four members of tn new Board, and he
did So
We particularize these dates for the reason that
certain partisan defenders Governor Brown either
through ignorance Of the facts through purposed
that Governor Smith submitted these appointments
to the Senate and later withdrew them The fact that
the Senate had adjourned even before Governor
Smith approved the bill and before he had
opportunity 70 make the appointments shows the
absurdity Of any such contention. It not until
the legislative session Of 1912 that the Senate had
chance TO act upon these appointments and when Al
did act, il confirmed them.
The new law prescribed il the clearest possible
terms Just how the Board Of Education should be
constituted, the qualifications Of its members their
terms Of service and the method by which they
should be appointed. It provided that the Board
should be composed of six MEMBERSHIP Governor,
the State Superintendent of Schools and four other
persons named by the Governor, two for two years
and two for four years. their Of Office there
after 70 be four years each until their successors
APPOINTED and qualified" The law contains this
further provision, which bears directly and con-
clusivey upon the present issue:
The nominations Of the Governor for mem
bership the State Board OF Education shall
be subject 10 confirmation or the senate
aud appointment made tChen the
Senate is not IN session shall be e6ectire until
the Legislature coHUeHeS and acts on the appoint
meHt"
Bearing in mind this lucid provision OF the law
let precisely what happened. Governor Smith,
in compliance with the terms of the act and the
duties Of his Office proceeded to appoint the four
members Of the Board and among those he
named Prof. Jerc NJ Pound and Prof J. C
LangstOn. The Board was then organized and took
up its duties T became the duly constituted state
Board Of EdHcGtiOH. 10 remain until its appoint
aleafs toere acted upon by the Senate; and so to
c0HtiaRe otter IFS appointments had been confirmed
Jv the Senate.
After making these appointments Governor Smith,
having been elected TO the United States Senate
vacated the executive Office and through the special
primary of 1911, Governor Brown was chosen 10 fill
the unexpred gubernatorlal term.
When the Legislature Of 1912 convened It was
clearly the duty Of Governor Brown to transmit to
the Senate the list of the Characterization
appointees HIS predecessor had made Instead of
doing this however he sent in certain appointments
of his own These the Senate very properly refused
10 consider holding that under the record there were
vacancies to ill, but simply list of appointees