Newark post., 1919-09-24

system and making the administra- a
ton OF the school laws more con- t
venlent and effective. The General c
Assembly is required by Article X {
to provide for the establishment
and maintenance of general and !
efficient system Of public schools, 1
but there is no requirement that
Hereunder shall have s
the concurrence of two-thirds of
each House. 1t is entirely COM Nt
petent for the Legislature, in pro-
Ividing for such a system of public
schools, to create school districts
with certain corporate powers, but
they are parts of the system and
not such independent educational b
kcorporations as are contemplated !
lby Article TX. They are agencies
Hof the State Government, created
for the purpose of aiding in carry
ling out the requirements Of the
Constitution respecting the estab-
tlishment and maintenance Of a
public school system, and may be
Baltered or abolished by the Legis-
lature at any time. We must,
therefore, assume that any legisla-
tive act that constitutes a part Of
the general system of public schools,
: including acts incorporating school
districts, and Boards Of Education,
requires only the concurrence Of
maj iority of all the members elected
to each House., Said Article TX
: may embrace certain educational
{ Institutions, but it can have nothing
u ITO do with the establishment and
t maintenance Of a general system Of
e public schools fully provided for
u and made mandatory on the Legis-
II lature by Article X of the Consti-
tuition, which is independent and
q complete in itself.
Il 2. The Act in question is not a
le delegation Of legislative power to
any school district. Such districts
.e being parts Of the State Govern>
IL ment, created by the Legislature
Is for education, or public school pur
e. poses, the power given to them by
le the Code to accept its provisions
Of is an exercise of power by agencies
or of the State and not a delegation
p of legislative power within tn
It, meaning of the case of Rice VS.
r. Foster, 4 Harr. 479, relied upol
EN- by the contestants. The powe
Is given by Section 121 to certain
p school districts to accept the Cod
OF is not a submission of the right t
en- determine whether it shall be
ui law, but the granting Of an optic
lb- to accept the law already in fore
at and effective as to all distrct
ed And that is the test recognized b
ct, all authorities. If the existence
ed, the law depends upon the vote
tu- the people. or the will of one ma
IN even, it is an unconstitutional del
les cation of legislative power; but
oV- the law is complete in and Of itsel
ng the fact that it provides for an a
ia ceptance of any of it's provision
ct- by certain State agencies does II
ac- make it a delegation Of legislativ
re power and, therefore, invalid. Th
the principle is applicable to the A
m under consideration. To hold OF
inc prwise would overlook the impol
out ant element Of the Act hereinbefo
uch indicated, viz; that it establish
ted by sweeping general provisions
the new general system OF governme
be- of all of the free schools OF t
'llc- State, whether it be accepted or I
ion. by any one, or all, or none, OF t
een school districts, school commltte
ads, or boards of education; and that
stands as the law relating to su
the schools independent of such
the iceptance, rejection or failure to
2 of cept.
There can be no doubt that
'ess- School Code was in force and
'loi Aeration before any acceptance
4 III Its provisions by any dlstr
0 De ', State and County Boards OF E'
Will cation were created by the Act q
'rlai clothed with certain powers 6
the duties co-extensive with the st
;. or county and operative from J'
lilsa- 80 of the present year whether
'lng' provisions were accepted or not.
the a sense it revolutionized the pu'
hool school system of the State, and
existence required the approval
NV no one.
seoa 8. The Act is not invalid beca
are the taxes assessed and collec
'poi Hereunder would not be UNTO
reps The Constitution provides that
Jerry sapitation shall be uniform thror
out the county, and requires
SltD- II ,,n4 hn 1acc than III