Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1913-10-14
FITCH LOSES APPEAL
IN THE SOUTH AMB0Y
PUBLIC SCHOOL CASE
Decision is That
Dismissal was
Justified
TO GO HIGHER

Russell NJ Fitch was justly dis
missed as supervising principal of
public schools in South Amboy, ac-
cording to a decision just rendered
by Brognard Belts, assistant com
missioner of education of the state
of New Jersey The official holds
that Fitch's rights have not, in any
wise, been jeopardized and sets forth
In the decision that he is of the
opinion that Fitch has been ineffi-
cient in the discharge of his duties
as supervising principal. He dis
missed the appeal taken by Mr..
Fitch from the decision of the Board
of Education of South Amboy.
Thomas Brown, attorney for Fitch,
today, upon receipt of the decision,
announced his intention of appealing
to the State Board of Education. If
he should lose there he may still car
ry the case farther and bring it into
a court of law.
Much has been said concerning the
case. During the hearing on appeal
before Assistant Commissio7 sr Belts
in the high school here. which con-
sumed several days early in July,
there came inferences and at times
statements from the appellants
counsel that he had been unjustly
dismissed, due to political and per-
sonal influences.
Commissioner Belts decision,
which gives a brief history of the
case, is as follows:
fThe appellant has been the SUI
pervising principal of the schools un-
der the control of the respondent
for more than three years, and is.
therefore, protected by the provi-
sions of Chapter 243 of the laws of
1909, commonly known as the
Teachers Tenure of Service Act and
is liable to dismissal only for inefIi-
cheney, incapacity, conduct unbecom-
ing a teacher, or other Just cause,
and, upon written charges, and after
q hearing by the 8oarl . 3sSs'l Ration.
at which he may Ga rapresengsd hy
counsel.
Charges OF ineficielci we're pre-
ferred against the appellant, and af-
ter hearing, the respondent found
ihe charges to be true in act, and
thereupon adopted a resolution dis
missing him from his position as su-
perYlSlnS principal.
From this section he appeals and
prays that the action of the respon-
dent be declared null and void.
1st. Because the action taken
was not in accordance with the pro-
visions of the Teachers Tenure OF
Service Act, and
I'D, Because the charge of ineffi-
cheney was not sustained by the evil
dence.
''The Tenure of Service Act pro-
vides, in part, as follows:
"'No principal or teacher shall be
dismissed or subjected to reduction
of salary except for inefficiency, i'm
capacity, conduct unbecoming a
teacher or other just cause and
after the charge shall have been ex-
amined into and found true in fact
by said Board of Education, upon
reasonable notice to the person
charged, who may be represented by
counsel at the hearing
1t appears that written charges
were led against the appellant, that
a copy was served upon him, and that
he received notice to appear, on
certain date, before a Committee of
the Board of Education, at which
time hearing on the charges would
be held IL also appears that he ap-
piled for, and was furnished with,
blank subpoenas for such witnesses
as he desired to have summoned, that
he appeared at the time and place
stated in the notice, and that wit
nesses produced to sustain the
charges were cross examined by his
counsel. There is nothing before
me to show whether or not witnesses
We're produced in his behalf, or that
any person refused to appear and tes-
tify for him. 1t also appears that
the committee is composed of all
the members OF the Board of Educa-
ton, that all the members were pres
ent, and that the president of the
board presided.
The appellant asks that the action
of the Board OF Education in dis
missing him. be declared null and
void, for the reason that the hearing
was held before committee of the
board and not before the board it
self, in regular session.
IN view OF the fact that all the
members of the board were present
at the hearing, and that his counsel
cross examined witnesses then pres
ent, and the further fact that at the
hearing before me he had full oppor-
tunity to present witnesses in his
behalf, and to cross examine those
produced by the respondent, l am of
the opinion that there was sub
stantial compliance with the proYi-
sions of the act. and that his rights
have not in any wise, been teopar-
died,
:, After a careful study of all the ev
idence, am of the opinion that the
appellant has been inefficient IN the
discharge of his duties as supervising
principal,
The appeal is dismissed.