Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1912-09-20

be confirmed or rejected Thereupon, Governor
Brown withdrew his own appointees and, at the
senate's request, sent to that body the list OF
Governor Smiths appointments and these were duly
confirmed
When this had been done there could remain no
possible doubt to who the rightful and legal
members of the State Board OF Education. The
appointment of Professor Pound and Professor
Langston, legally made by Governor Sm, had been
legally opprOUed by the Senate.
The appointment of Messrs Moon and Glenn,
illegally made by Governor Brown had been IN erect
rejected by the Senate
Every provision of the law had thus been fulfilled
and Messrs. Pound and Langston were entitled,
beyond all question, to their places on the State
Board of Education.
Yet In defiance of the law and of the Senate,
Governor Brown, waiting until the Legislature had
adjourned, summoned his own two appointes to the
Capitol and went through a mock performance OF
swearing them in" and recognizing the Board. He
took this action in the absence of State School
Superintendent ENTHUSIASTICALLY so, no doubt
and without notifying DR.. woofter, another member
Of the Board that a meeting to be held.
These, then, are tue facts in the case. Let us
once more sum them up:
The Education bill was enacted on the last day
Of the Legislature in August, 1911
II reached the Governor and was approved by him
August the twentyrst, after the Legislature had
adjourned.
In accordance with the requirements of the act,
Governor Smith appointed the four members of the
new Board. among them being Messrs Pound and
Langston; and In accordance with the specific terms
of the law, these appointments were to remain of
force until the Legislature again and the Senate
acted on them
When the Legislature did meet again. in 1912, the
Senate proceeded in logical and legal order, to act
on these appointments and Messrs. Pound and
Langston confirmed. At the same time the
Senate refused even to consider the personal
appointees of Governor Brown that these were in
effect, rejected. ..~...
In the light of these facts, which cannot be
disputed because they matter of official record,
what right had Governor Brown to force his own
appointees on the State Board of Education? A'+.'
Certainly the Education act gives him no such
authority; the contrary, in prescribing the
methods by which appointments shall be made and
confirmed. it denies him any such power. s.
Should his conduct in this matter become a
precedent, any chief executive could wait until the
Senate had adjourned and then make any appoint
ments he chose, regardless of the Senates will,
regardless of the law, and thus be dictator
without hindrance restraint. The people of
Georgia viii tolerate such autocratic and uncon-
stitutionsl methods of government
The truth is the two appoinlees with whom
Governor Brown has sought to replace Messrs
Pound and Langston not legal members of the
State Board Of Education They have no more right
to sit that Board than any other two men in
Georgia not legally appointed. ANY action taken by
Board thus illegally organized will be invalid and
until this confusion is cleared away the States
common school affairs will remain in a chaotic and
helpless condition.
1t is Governor Browns arbitrary and Illegal act
that has brought about this deplorable stua and
until this matter is submitted for decisive opinion
either to the Attorney General to the courts the
educational interests of Georgia will continue in
jeopardy.
The homely girl can act her own chaperon.