Evening journal., 1919-11-05

OF the session Of the last assembly. II
had been rumOred for some time that
some such bill would be introduced.
After the bill was introduced nobody
paid much attendtlOn TO IL for long
time. IL lay around for weeks. There
didn't seem 10 be much serious attempt
20 pass II. Then suddenly there was a
great'stir and the governor proclaimed
Educational Week" You all remember
that. Meetings were held everywhere
and lots OF people spoke, but nobody
spoke about the law. They talked
about the benefits. Of education. and
what a fine thing II was 70 have
schools. but nobody explained this bill
or told the people what was In II. No
body knew. The bill went along un-
noticed until the last day Of the ses-
sion. Nobody expected there would be
a serious attempt made 10 pass II last
session. IL was understood Il was intro
duced TO cause discussion and prepare
for some bill in two years. But on the
last day OF the session II suddenly
turned up with "a typewrtten pages
Of amendments. which nobody had ever
seen and which nobody knew anything
about"
At this point Mr.. Layton called upon
James Lloyd, a member OF the last
General Assembly from Sussex county,
10 verify what he was saying. Mr..
Lloyd agreed with Mr.. Layton. COnlln-
ulng, Mr.. Layton said the bill was
rushed through the Senate without
anybody knowing what 10 contained,
and then 1t was taken TO the House
where IL was put 30 a vote without be-
Ing read at all. Mr.. Lloyd was again
called on 20 verify this. which he did,
Mr.. Layton said the vote in the House
was lie, A. 90 A., until Mr.. McNabb. OF
/ Wilmington, came in and said at the re-
quest OF Governor Townsend he would
vote for the bill. Mr.. Layton said he
would not accuse the Governor and Mr.
McNabb OF making a deal" but in a
| few days the Governor vetoed a bill
which Mr.. McNabb wanted vetoed.
Mr.. Layton again repeated that he was
not accusing the two OF making a DEAL
but he would say that McNabb's vote
and the Governors veto were "a mir
aculous coincidence"
Taking up the code, Mr. Layton said
the law provided no salary 10 the State
Board OF Education. Therefore" said
Layton, "the state Board viii earn moth
/ ing. That Is always true In public az
fairs; commissions which get nothing.
/ do nothing And that IS the real pur-
pose OF the law. 10 does not intend that
the State Board OF Education shall do
| Anything. They are mere lgureheads.
| The real work is done by the State COM
missioner. He is the real power under
/ this law. The state Board can do
nothing without his recommendation.
/ They have no power 10 Initiate. They
cannot direct or compel. They merely
have the power 20 approve or reject.
what the State Commissioner recon-
mends. The law sees 10 20 that all the
power Is vested in the State Commls-
sioner, and he is not elected by the peO-
pie. Yet they tell you the law is demo-
cratic and the people have a voice.
Another very curious thing. The
| law nowhere fixes the salary OF the
state Commissioner Of Education He
is the only State official paid by the
state, whose salary Is not fixed by law
The State Board Of Education fixes his
! salary and there Is no limit TO what
they may pay him. ! wish the law al
lowed my superior officer. the state
Attorney General. 10 fix my salary at
what he and / agreed on. III bet I
would get around him and get my sal
airy raised high enough. They raised
the salaries Of the state Judges last
General Assembly. There was lots OF
criticism OF that. I was in favor OF 70,
and I'll take my share Of the criticism.
People say ! helped do u because / cX-
pect 10 be a judge some day. Well, let
! that pass. applause and laughier)
! Anyway, the state judges have their
salary fixed. But the State Commits
sioner OF Education Is so big and pow
erful that his salary is not fixed. He
is autocraiic. There Is nothing demo-
! cratic about that Mr.. Layton said the
same rule held for the County Boards
| Of Education. and the county superin-
/ tendents lie said the county boards
were elected by the people. but they
nave no power to initiate anything, do
anything or compel anything 10 be
done. They can only act on the recon-
mendation OF the county superintend-
emit They cannot compel or direct.
They are limited 10 approval or rejec-
/ tion OF his recommendations.
"The whole purpose and effect OF the
Code is 10 give 10 the state Commis-
sioner and the three county superin-
/ tendents all the power and all the
! authority in school affairs. This was
done at the request Of Superintendent
! Spaid. He sat at the elbow Of the New
York experts who wrote the law and
/ told them the people OF Delaware were
ignorant and didn't know how TO run
/ their schodls Ua told Them the ueOule
Of Sussex County were hard headed and
! had been giving him trouble, and he
wanted a school law that would sep
arate the people from all control OF
their schools. that he wanied a law
which would build fence between the
| people and their schools a fence that
is horse-high. bullet-tlght and hog
strong, and those experts give Spaid
the lay he wanted"
Taking up the iS0-day school law,
| Mr.. Layton said those who wrote the
law intended that all children must go
20 school $50 days. The law Is plain.
He said that was one OF the things that
couldn't be enforced. II was early seen
that 10 couldn't be enforced. He said
a member Of the Sussex County Board
Of Education came 10 him and asked
him il there wasn't some way 10 dodge
the law, but he told the member there
wasn't, because the law was very plain.
Then the Sussex county school board
member telephone superintendent Spaid
and Spaid told him that everybody had
10 go 10 school $50 days The outcry
became so great said Mr. Layton. that
The Stale Board OF Education got to-