Evening journal., 1914-06-23
City Solicitor Hastings
Points Out That Mayor
and Council Only Can
Summon and Swear
Witnesses
BOARD COULD MAKE
A LIMITED INQUIRY

~ NAN RRAAA HAA AtAA Ut AHt llEtiiHt
last night. Following the reading oi
the communication Mr.. Denny moved
that II be received and recorded. Thi,
motion was seconded by Colonel Morrow
and prevailed without any comment
from any member Of the board. Thu,
the board shelved for the present al
least the proposed Investigation
Whether it win call upon City Council
20 conduct an inquiry remains 70 b.
learned.
Mr. Hastings in his communication
pointed out that he could find nothing
IN the law giving him authority TO con.
duct such an investigation, and stated
that euch an investigation should bt
conducted by the Mayor and Council oi
Wilmington. He further pointed oui
that the Board Of Education had no au.
thority to summon witnesses. whereas
City Council has the right to summon
swear in and take the testimony Of wit
nesses. Thus an investigation by the
board itself would be extremely difficult
as II could not compel witnesses TO ap.
pear.
Mr. Hastings touched upon the
criticism Of the board and remarked
that II would be good thing to have
all matters rejecting upon the con
duct OF tho Board cleared up so the
members could set themselves right
in the eyes of the public, and much
more efficiency could be derived If
the Board had the confidence of the
public. He mentioned that the Board
Of Education is one Of the most inn
portant bodies in the city, and
ftnanhnG M 4a
therefore more liable to criticism
than most other city departments He
suggested that the Board could con-
duct a limited investigation
Members Of the Board, following
the meeting, declined to state what
action they would take on the com
munlcatlon, stating that IL would be
held for future reference. The let
ter in it's entirety follows.
Board of Public Education,
Wilmington Del.
Dear Sirs: Replying to your let
ter OF the 4th instant, incloslng me
a copy Oi a resolution adopted by
your board on the Sd instant, re-
questing me 20 make such inquiry as
might deem necessary, relative 10
the statements that have been made
rejecting ON the hoard, beg 70
state.
II can find no provision il the act
creating the board giving ME author
ity to do that which is requested by
resolution above referred 10. The
duty OF the city solicitor, so far as
the Board OF Education Is concerned.
Is found In the fifteenth section OF
the act, which reads as follows:
"'Section 15. The city solicitor
shall be the legal adviser AMI at
torney for the board of Education;
he shall prosecute all actions against
a member, officer. agent or employe
OF the Board OF Education for mall
feasance or mlsfeasance in Office:
he shall be the legal counsel Of said
board, or officers thereof. in all civil
actions brought by or against 1t, and
shall conduct the same in his official
capacity. No compensation other
than the regular salary shall be al
lowed for such service
There is certainly nothing before
me at this time that would warrant
any action on my part against "a
member. officer, agent or employe Of
the Board of Education for malfeas-
ance or misfeasance in Office.
Il assume, however, from a con-
ference which | had with your presi-
dent prior to the passage of this res
olution that the board is desirous OF
some suggestion from me as to the
best method OF determining whether
there is any justification for the re-
cent criticisms Of the management Of
the affairs OF the Board Of Education.
Can't summon Witnesses.
There appears to be IN the act
creating the board no authority for
the summoning OF witnesses by the
board and no express provision any
where for an investigation of any
kind. The Board Of Education. how
ever, can, Of course, like a business
corporation, make such Investigation
OF the affairs under its control as II
may see flt. The fact that no provi-
sion Is made for summoning witnesses
and compelling them to testify under
oath will make such investigation by
the board incomplete and unsatisfac-
tory. All of this can be done, how
ever, by the Mayor or done by the
City Council. II is provided by sec
tion z Of the City Charter, page 80
as follows:
"'Sec. Z. The mayor is hereby con.
stituted conservator of the peace
within the said city. and 1t shall bt
his duty 10 take care to have the laws
and ordinances of the said city faith.
fully executed. For the purpose ot
enforcing the faithful execution oi
said laws and ordinances. and of OBJ
| tanning any information concernins
matters affecting the municipality
the mayor shall have power and au
thority. in any inquiry or investiga
ton which he may institute, to com
mel the attendance OF witnesses ant
the production of necessary book
and papers. at any time and place
within the city he may designate. III
may issue subpoenas and attach
ments, signed by himself. to compe
the attendance of such witnesses an'
the production OF any and all sucl
books and papers, which such sub
poenas and attachments shall b'
served and executed by any police
officer Of the city. If any person 81
summoned as a witness shall refuse
TO testify TO any facts within his
knowledge, or to produce the books
in hts custody or possession, or under
his cntrol, required in such inquiry
or Investigation. the mayor shall have
power 10 commit such witness for con
tempt All witnesses in any such in
quiry or investigation shall be exam
ined under oath TO be administered
by the mayor. and any false answer
or statement made under oath nv aux
such witness at such inquiry or In
vestigation shall be deemed perjury
and shall be punished accordingly