Milford chronicle., 1919-08-08
WO-THIRDS VOTE NOT
REQUIRED FOR CODE
IN OPINION OF ROBERT H. RICHARDS
STATE ALLOWANCE MAY Be WITH
HELD, TOO.


Delaware's ablest lawyers.
Mr. Richards was asked whether the
wilmington Board Of Education could
expect to receive any allowance from
the State school fund if it should not
elect TO be governed by the State
school code. This was Mr.. Richards s
reply:
"The State code applies to Whining
ton If its provisions are accepted by
the Wilmington Board Of Education.
II not accepted, in my judgment, the
State Board of Education, under the
new code. has the power to prevent
Wilmington from receiving any share
in the State school fund"
TwO-Thirds Vote Not Required
Asked if he were willing to express
his opinion as to the constitutionality
Of the school code as it applies to
Wilmington, Mr.. Richards said:
"The new school code was enacted
under the provisions of Article 10 of
the constitution and did not require
a twO-thirds vote to make it applica-
BILE everywhere in the State"
The portion of Article 10 of the
State Constitution under which Mr..
Richards says the State school code
was enacted, reads:
"The General Assembly shall pro-
vide for the establishment and main
tenance of a general and efficient sys-
TEN Of free public schools" and at no
portion of this article is reference I
made to the necessity for a two-thirds /
vote to enact such a measure
The contention of the Board of Ed /
ucation, questioning its constitutional .
ity of the code as applying to the Will
mingtOn schools has been based on
Article of the Constitution, which
sets forth that mo general corpora
tion law, nor any special act of in
corporation, shall be enacted with
out the concurrence of twO-thirds of
all the members elected to each house
of the General Assembly" The Board
claims that as it is an incorporated
body, the code, in order to apply
legally to Wilmington, must have re-
ceived a twO-thirds vote in the legis-
lature
What Article Says
The first part of Article of the
and the portion upon
which this contention is based, reads
as follows:
NO corporation shall hereafter be
created, amended, renewed. or revived
by special act, but only by or under
general law, nor shall any existing :
corporate charter be amended, renewed (
)r revived by special act but only by
1r under general laws but the fore
going provisions SHALL NOT APPLY
20 municipal corporations, banks or {
corporations for charitable. penal, re-
or EDUCATIONAL pur-
poses. sustained wholly or in part by
he State The General Assembly shall
)y general law, provide for the revo- {
'ation or forfeiture of the charters of
III corporations for abuse, misuse or G
lon-use Of their corporate powers. :
privileges or franchise. Any proceed q
ng OF such revocation or forfeiture
hall be taken by the Attorney Gen q
raj, as may be provided by law. No
-eneral Incorporation law, nor any S
pecial act of Incorporation, shall be j
nacted without the concurrence o. >
vo-thirds of all the members elected :
each House Of the General Assem- !.
ly" I I
A Costly Opinion o.
If, in spite of the opinion of men OF ~
lch legal ability as Mr. Richards. the :,
oard of Education persists in its en- n
eayor to question the constitution n,
-ity of the code, this will doubtless a
can that long months of time may h,
e wasted in the effort For CITY n
olicitor Huxley, it is understood. will ii
estate for some time before he viii /
willing to give an opinion on the ca
IbJect, as he has been asked to do. ns
Id may go so far as to recommend er
at the subject in some way be car til
ed to the State courts for a legal re
depreciation of the code and its ap- sh
ication to incorporated districts in la
e State. He feels that the issues -
e TOO big to depend upon the opin- -
n of any one man. it is said 81
And while waiting for a legal opin- 20 ID
on the subject, projects which III III
ould go ahead, such as the erection i ui
the new No. 25 school at Fourth "a "a
rect and Bayard avenue. may have ~ -;
be held up because Wilmington's III
.owance from the State school fund r.
not forthcoming. al
The Sacrifice Involved VIC
The failure of the Board of Educa- pr
N to adopt the provisions of the a
de would snrely mean mean that il would DO
{ receive a dollar from the trust sh
nd created by Pierre S. dupont for so
sisting with the building and re- fui
instruction of schools in any dis to
CT which accepts the code And il an
'uld doubtless mean, according to an
:. Richards opinion, that the gen fee
Al appropriation to the Wilmington ge
lools from the State fund, amount ler
to from $4,000 to S115.OO0, could I'M
withheld by the State Board of un
ucation as well as any other sums IoI
lich the State Board might allow SUI
Wilmington under the code. ser
What the Board Questions P.
The Board of Education, through its ON.
.retary, under date of last Tuesday. tie
" 18th, asked the City Solicitor to frs
e the board on opinion by the next sui
eling night, Monday evening, Aug the
II, as to the following: upl
Nhat is the legal status Of the Board a {
Education Of Wilmington? wit
I the Board Of Education of Will an,
ngton accepts the State code does
mean that the board will consist of 25(
-hree-memher commission? Of
lust the board accept the code TO SUI
eive State aid2 Sci
s tne State code constitutional as an
scting the Wilmington schools, the rr'
le not having received a two-thirds an.
e Of the legislature? att
cd. that the tlrst oueeiio, as - az. net
al .sfafus Of the pnsrd - ~ sne VIII
n vivea him iaes1 s1-e,, '.euea Out
IA that Il orfte f,si1 =, .ss4 1e'sa. ~ uh- sh,