Evening journal., 1919-08-15
FEAR THEY'LL LOSE
School BOARD JOB
Reason Crops Out for Mem
bers' Opposition to
New Schoo Code
GOVERNOR TALKS III
OVER WITH BOARD

Clifford j. Scott, principal Of the clty
public schools. and John w. Huxley
city solicitor, lasting over one hour last
night. relative TO the request OF the
hoard that the Governor ask The Stale
Judges whether or not the new school
code IS constitutional, assured the
board that he would give the matter
earnest consideration, but declined to
commit himself as to what he proposed
10 do.
The meeting between The Governor
and The board was In response to an
invitation extended TO the Governor al
the suggestion Of the latter, for an in
formal discussion. IN public, Of the new
code. believing that light night be
thrown on some phases Of the code
over which there seemed TO be a diver
sity Of opinion.
Governor Townsend tried all day by
phone but was unable to get in touch
with officers OF the board until late III
The dav 10 arrange the conference. The
Governor was delayed at Clayton by
washouts on the Delaware division,
come 10 Wilmington by automobile ana
arrived too late yesterday afternoon
for the meeting 30 be advertised. ouch
members Of the board as could De
reached were notified, only seven mem
bers being present.
Governor Townsend said he had come
at the invitation OF the board 10 dis
cuss the code in an open and friendly
way. is il the opinion Of the board
the Governor asked, that the new
code is unconstitutional? Members OF
the board told the Governor that owing
10 the diversity Of opinion, not only
among members OF the board, but on
the part OF the general public as to The
constitutionality Of the code they had
asked Mr.. Huxley for a written legal
opinion.
Mr.. Huxley stated that he expected
10 have ready his opinion TO present 10
the board at its next meeting, or at
least within a week. He said that ID
his opinion. the constitutlonality OF 'he
code hinges upon the right OF the Leg
stature 10 delegate its authority TO any
one, and cited several instances Where
similar opinions had been handed down
in identical situations.
The Governor stated that he was only
a lawman. but when signing the bill
making the new code a law he did 50
because all the written opinions made
hv attorneys I'm this state were that the
law is constitutional. lie asked whether
II the matter Of constitutionality were
cleared up the board would be ready 10
adopt the code.
Members Of the board told him that
they would not act In the matter until
after further discussion in their meet
ings.
Mr.. Huxley said he believed the board
wanted 10 do the right thing, but the
board would be severely criticized n u
made a mistake in either adopting Qr
rejecting the code.
At the beginning Of the meeting there
seemed 10 be considerable hesitation on
the part Of the members 0 fthe board
10 commit themselves. Governor Town
send started the discussion by asking
the board what objection they had 20
the adoption Of the code. There must
be some reason for your hesitation 20
act I'm this matter" said the Governor.
81 came here TO discuss the new law
and learn Just what is in the way Of its
adoption
George Rommel. president Of the
board replied that there seemed 10 be
some doubt among the members as TO
whether the code was constitutional
and IN Il was. Just how its adoption
would affect the schools Of Wilmington.
Or Banton stated that the board had
asked for an opinion from the city so
licitor and admitted that the members
ia not know Just what action they
would take In the matter but felt fhai
thev would like TO know what the
state Judges thought Of the law before
taking any action
Dr. Cooper. who had remained qufe
during the discussion, was asked for AZ
opinion. and replied that the main dif
flcultv in The way was that the mem
bers Of the board might be legislateC
out Of ONCE II they decided to ADOPT
the new code. "snd we are not reaGS
for that Just yet" he said.
'I am not a lawyer" said the Gov
ernor. hut have so far seen no writ
ten opinion from any lawyer In th'
state 10 the effect that the code was
unconstitutional. The attorney-genera
has assured me that he Is prepared q
defend the constitutlonality OF the cod
whenever IL may become necessary
YOU have asked me TO refer tn
matter 10 the Judges for an opinion
We have discussed the request from
vour standpoint. now suppose we lool
AZ the request from the Governor
standpoint The legality OF the cod
has never been disputed in writing b!
any attorney In the state so FAR as
know. Every opinion | have receive'
has been to the effect that the code d
constitutional. II there are certain
points in the code that do not appeal
clear 10 YOU, your attorney may secur
an opinion on those points by askinI
the Judges. My understanding Is ina
only certain portions'of the code, thos
pertaining TO Wilmington, are the stun
bling block. ] want 10 act for the pcs
interest Of all, the people of Whining
ton as we'll as those Of any other par
OF the state
From what the Governor has said
would infer that he has already maG
M his mind that he will refuse the re
quest" said Dr. Cooper.
Not at all" replied Governor Town
send. ~ have not committed mysei
10 any course Of action in the matter.
came here to ascertain. II possible, JUS
what was in the way Of the adoption
Of the code by the board. and shat
take the matter under consideration.
Governor Townsend spent the even
ing at the Hotel dupont, and will leav
tonight for salt Lake City where III