Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-01-31
Commission. IN
JERSEY CITY IS
SPLIT ON BOARD
Mayor Pagan Names Three
Men for Places Already
Filled by Directors.

JERSEY CITY. Jan. 31.-Further
doubt and uncertainty as to the mean
ing, purposes and power conferred by
the Walsh commission government
act have been aroused by the diver
gent views of Mayor Mark Pagan and
Commissioners Ferris, Hague and
M ire, and further litigation is one
OF 1he results.
a The right to appoint members of the
yBoard of Education is claimed by
Mayor Pagan The other commission
ers say that privilege belongs to the
whole board.
On Thursday Messrs. Ferris, Moore
and Hague named William c. Gott-
hardt, John Ferris and James Curley
as directors of education to succeed
William C. Gotthardt, Robert Bren-
nan and Henry Borhemann.
This morning Mayor Fagan ap-
pointed Jerome O'Keefe, former
finance commissioner; Thomas Lough-
ran, who is active in the Commission
Government League of the Ninth
Ward, and Theodore EMS, as direct
ors of education.
Mayor Faganis appointees were
sworn in today and next week they
will present themselves to the hold
over members of the Board of Educa-
tion and claim their seats as members
of the board. The six holdover men,
bers may either recognize or refuse to
recognize the Pagan appointees, for
the three men named by Commission
ers Hague, Ferris and Moore will also
demand recognition.
"Mayor Fagan said today:
II have been led to take this action
because [ believe that if the action
of a majority of my fellow-commis-
sioners in assuming the power to
make these appointments is not pass
ed upon in some official way, there is
grave danger that legal questions
may be raised as to the validity of
school bonds, which will embarrass
I the School Board i'm disposing of
school bonds.
"The question of my right to APP
4 point is one of construction of the
school statutes and the Walsh act
The school law says that the appoint
ments to the Board of Education shall
be made by the Mayor or other ex-
ecutive officer. The corporation coun-
sci holds that the executive author
itv Is now vested in the whole Board
On Commissioners, and on that ground
advises that the commissioners, as a
board, should make the appointments,
tJihCl NOlllpGl0Hl lawyers WnOIl L
have consulted advise me that the
language directing the appointment by
the mayor or other executive author
. ity means that the mayor shall ap-
point wherever there is a mayor.
1.-The school act provides that in the
case of townships where thre is no
mayor and the executive authority is
vested in the council, the words lex
ecutive officer shall apply to that
member of the council who happens
TO be presiding officer or chairman.
] am informed also that all of the
4 mayors in those cities which have
adopted the commission government
Z act have taken this view of the law,
and have made the appointments, and
4 that such appointments have not
Fbeen questioned.
81 I'm view, therefore, of the differ
"a ence of opinion among lawyers as to
4 the meaning of the law, and as to
Ewhere the power is vested to make
Athese appointments, / deem It for the
Nbest interests of our schools that |
should make the appointments and let
p the matter be decided according to
Alaw, so that all questions of doubt
&can be finally removed
n I'm making the appointments l have
Qcontinued ON Page Z, Column 81 r