Evening journal., 1919-08-12
School CODE FOES
OUTLINE PLANS
Continued From First Psge.)

AVA hNNi &C nNUiulfli flNrllNNlf bhdAH
Of Education. Wilmington. Del
My Dear Sir; ] am I'm receipt Of
your letter relating 10 the school code
and its application 60 Wilmington.
knowing yous interest IN any leg
lslation relating toward educational ad-
vance, 10 has occurred 10 me that an
informal conference with your Board
OF Education might lead 20 a cleare:
understanding and appreciation Of the
conditions before us. ! am not asking
for this-only suggesting.
III I'm your Judgment this would be
practical, 7 shall be glad 90 arrange a
date either here or as Wilmington.
! when a frank discussion OF the issue
might be more satisfactory than for
nal correspondence.
"ln reply, please have no hesilancy In
being perfectly frank. Our interests in
this matter are the same-that OF the
children.
Very sincerity yours.
JOHN q. TOWNSEND. JR."
City solicitor John W. Huxley ap-
pcared before the board. saying he was
present chiefly 20 beg the boards par
don for not having an opinion ready as
TO the legality OF the application OF the
code 10 Wilmington.
Mr.. Huxley said that n Attorneys
lIilles, Richards and Reinhardt could not
agree aflcr detailed study OF the code
he could scarcely be expected 20 have
an opinion formulated upon ten days
notice. one point that occurred 10 him,
he said, as seeming 20 be unconstitu-
! tional. was that he Legislature. through
| the code, seemed TO delegate 10
special school districts. power that
the legislature would not law
fully delegate 90 them That is. he said,
the constitution provides for establish
ment OF a uniform system OF public
schools throughout the state The new
code gives the special districts the
privilege OF rejecting this uniform sys-
tenn or adopting a. as they see nc.
The city solicitor said 70 was too big
la question 10 be settled on one mans
word. II he gave an opinion at all. he
declared he would take plenty Of time
| for consideration. lie thought the Gov
crnor ought 90 consider the matter Of
sufficient moment TO request a con-
I Tsiruciion by the courts, as tho chief
executive has been asked TO do by the
Board OF Education.
4 letter was read from the Central
/ Labor Union. asking that a member OF
the Board OF Education attend the next
meeting Of the Union and explain 10 the
/ labor men what the advantages OF the
new code would be 10 Wilmington. In
/ the present unsettled state Of the ques-
/ tlon. no one volunteered for the Job.
The position Of the opposition based
upon the home rule argument was set
out by Or. Cooper, and endorsed by Mr.
Campbell and Dr. Banton, in the follow
! ing statement:
What effect viii the adoption OF the
new school code by this Board OF Edu-
cation have upon the schools OF VIII
mingtOn? In answer 20 this question
/ I would reply that the adoption OF the
neNv school code by this board means
| taking the control and management
Of Wilmington schools away from the
people OF Wilmington and placing 10 I'm
the hands Of persons living outside the
city Of Wilmington. The new school
code places upon the St9bs' Board OF
Education and the Commissioner OF
/ Education the regulation and inspection
OF our schools I'm nearly every detaill
/ OF them management. The local Board
/ Of Education. representing the people
! OF Wilmington. would have as iis func-
/ tion not the free and Independent con-
| troll Of our schools, but the carrying
out Of rules and regulations made by
state officials al Dover. A majority OF
/ the members OF the State Board OF Edu-
cation are not residents Of Wilmington
and the Commissioner Of Education Is
| a resident Of Dover. These persons re-
siding down the state are the ones who.
according 20 Section is Of Article 4 OF
the new code. shall prescribe the condi-
/ tions as 10 buildings and grounds, edu-
cational equipment and supplies, kinds
and grades OF schools supported,
! courses Of studies, units OF work OIL
f'red. number and qualifications or
teachers employed, supervisory anu
administrative direction OF control pro
yidcd, which must be met and fulfilled
in the special school district OF VII
minglon. More than this, II Whining
| ton should fail 10 comply with the
rulcs and regulations which these nom
residents OF Wilmington enact, the city
OF Wilmington can be penalized by the
state Board Of Education by taking
away from the city its many hundreds
Of thousands Of dollars worth on
school property and giving it TO the
New Castle County Board OF Education
and causing the school district OF VIII
mingion as. now constituted TO cease 70
exist Section is Of Article 4 gives the
state Board Of Education the power 20
apply this drastic penalty and says lnal
such special school districts will make
and execute such deeds OF conveyance
as are necessary 30 pass 10 the County
Board OF Education the legal title 10 all
such property could the State OF Del
aware frame a more drastic law? Could
a department OF the city government
Of Wilmington, moreover an instilu-
tion that is very close TO the people OF
Wilmington. be more completely and ir-
revOcably placed under the absolute
control Of people living outside the
city?
Under this same Section IS. Arti-
Gle I. the state Board Of Education Is
empowered and authorized TO change,
alter, fix and determine the boundaries
Of any and all special districts. Under
this grant of,p power over the Whining
ton schools the boundaries OF our
school district need not coincide with
the boundaries of the city, because the
State officials would have the authority
10 detach portions OF our city and
unite them with the school districts Of
the surrounding rural communities Do
the citizens of Wilmington want 10
grant such power over them to any
one?
"fow completely the schools OF Will
rnfnu ufon will no ordprad and rogttIafed