The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-09-20
PERM|T
EGGLEST0N TO GO
Cannot Accept Mission to Study
Swiss Schools for
Government.
CODE WOULD BE VIOLATED
No Virginia Official Allowed to
Accept Post OF Honor From
Uncle Sam.

Legal inhibitioEs VIII prevent a.
ceptance by Joseph D. Essiestoh. ou
perintendeut Of Public Instruction .o'
Virginia, of the mission tenoereo nm
by the United States government 10
make a study of the schools Of swift
yarland. He has, therefore, notified DR..
p. p Claxton. United States Commas
sioner of Education. that he Is Obliged
TO decline.
The law on the subject Is very
sweeping in prohibiting acceptance by
anv officer In this State Of any post
under the Federal government, whether
of honor, trust or emolument. 1t hao
been proposed to pay only ME- Es-
gleston's travelling expenses. so the
mission would have no real emolu-
ment. but it is unquestionably one OF
trust and honor.
This section Of the law was broushs
to the attention of Mr.. Eggleston. VINO
consulted the Attorney-Generai Judge
Williams decided yesterday morning
that it would be impossible Tor MI
Esgleston to accept the post. Aside
from the legal barrier. all the members
OF the State Board Of Education would
have been willing to grant the neces-
sary leave of absence. and Mr.. ,ESgies-
ton not knowing of the statute. mad
accepted the trust and was making
preparation for departure.
Prohibited by Law.
Section 1853 of the Code. Pollards
edition, reads as follows:
NO person shall be capable of hold
ing any office or post mentioned In the
preceding section (any ONCE OF honor.
trust or profit under the Constitution
of Virginia), who holds any ONCE or
post of profit, trust or emolumeht'
civil or military, legislative. executive,
or judicial, under the government OF
the United States, or who is in the
employment of such government, or
who receives from it in any way any
employment whatever. and the accept
ance OF any emolument whatever under
such government shall, ipso facto, va
cate any office or post Of profit. trust
or emolument under the government
Of this Commonwealth, or under any
county, city or town thereof
1t seems, therefore. acceptance of
the mission in Switzerland would have
vacated Mr. Eggleston's Office of SUI
perintendent of Public instruction.
Gives Out Statement.
Mr.. Egglseton made the following
statement yesterday:
Ten days ago received a tele-
gram from DR.. P. P. Claxton. United
States Commissioner of Education at
Was hington, asking me if I could go
at once at the expense Of his depart
ment to make at first hand a ten
| weeks study of the village and town
schools OF Switzerland, and upon my
! return write for the United States
Bureau a report OF my Investigations
1 requested delay as it would be very
difficult for me to leave at once.
DIR. ClaxtoH then asked for an in
terview and gave me until next Tues.
day as the last day he could wait. On
Wednesday I sought the advice of the
Attorney General. who assures me
after a very careful Investigation that
under the State law 1t is incompatible
| with my official position to accept the
proposition made by the United States
Commissioner Of Education. The At
torney-GeneraHs decision is based on
sections 1862 and 1853. Pollard's .ir-
ginia Code
| e" lille I am naturally disappointed.
r cheerfully accept his decision and
| have wired il 20 DR.. Claxton.
Expresses Regret.
Il am sorry TO have caused DR.. Clax-
| ton this delay without acceeding to
| MS request. / also regret that l gave
out any hint Of the matter 20 the
press in advance of cons uItation with
| the Acknowledgement on the legal
| phases OF the matter. Had I apprehend-
ed that any legal difficulty might arse
| I should certainly have said nothing
! about IL unless that difficulty had been
| removed.
u have read with deep interest o:
| the manner IN which the Swiss schools
| have adapted their courses Of study to
| the everyday life OF the people. This
| request OF DR. Claxton appealed 10 me
20 be an excellent opportunity 70 study
| these schools and TO bring back to the
l people OF Virginia as well as to the
United States Bureau OF Education.
something that might be helpful in
| working out our educational problems -