Evening journal., 1919-07-02
SCHOOL CODE
CONSTITUTIONAL,
HILLES SAYS
CONTINUED From First Page,

Of this purpose.
Il can further see no reason 10 ques-
tion the constitution.lity OF this acl
upon the ground which have heard as
signed that it interferes with the func-
tions OF corporations heretofore ere
ated by the Legislature, the creation OF
which corporations required two
thirds vote Of each House OF the Gen
eral Assembly. while the new School
Code Mas adopted by a majority and
not a twO-thirds vote. The education
OF the children Of the State is one Of
the governmental functions belonging
10 the legislative branch OF the govern
ment. 10 be exercised and administered
from time to time as the legislature
may see ne. There is no requirement
that matters relating TO education shall
be passed by a twO-thirds vote, a ma
iority being sufficient. II, for any rea-
son. the legislature in the past mas seen
flt TO intrust the performance Of this
governmental function TO a corporation,
while it unquesiiOnably did take the
votes OF twO-thirds Of the members Of
each House 10 create such corporation.
70 did not take the votes Of two-thirds
OF the members Of each House TO confer
upon such corporation the right 20 ex-
ercise, as trustee for the state, this
governmental power, and 7 am clear
that it does not require the votes Of
twO-thirds OF the members Of each
House 10 change. in whole or in part
the system Of education previously eN-
isting, and that the legislature may, by
a majority vote, provide an entirely new
system in lie discretion. There are pos
sibly many reasons why this is true,
but the one which has the most con-
trolling force in my Judgment is the
fact that In the exercise Of a govern
mental function, one legislature may
not restrain the freedom Of action Of
a subsequent legislature, and by repOs-
ing in a corporation, or elsewhere, the
exercise Of this function, deprive a
subsequent legislature OF its right by a
majority vote 10 resume its control
over the subiect-matter, namely, the
education OF the people Of the state.
Heretofore in Delaware. the educa-
ton OF the children in any commun-
ily has been largely left 10 the local
school boards. Such boards determine
the location and requirements for
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measure the amount OF money neces-
sary 20 be raised locally for the sup
port Of such schools; engage, subject
10 certain conditions. the teachers, and
prescribe the courses OF study pur-
sued This manlfestly resulted in great
discrepancies and an entire lack Of
uniformity in the educational system
OF the state The policy and purpose
OF the new school code is TO centralize
tne control, Management, finances, and
an other matters connected with the
public school system. and TO establish
and maintain a more uniform system
throughout the State.
Under the new law. the general
management OF the public schools IS
vested In a state Board OF Education
and a state Commissioner OF Educa-
ton whose powers are very broadly
stated in the act and who have the
right to exercise a general supervision
and control OF all educational matters
within the state. The state Treasurer
is made the treasurer OF the state
Board OF Education and moneys can
only be d.sbursed by him on a writ
ten order Of the board.
In addition 10 this, the act pro
v.des for County Boards OF Education
who have the control and management
NJ the public school system In their
respectlve counties. The County Treas
urer is made the treasurer OF the
.ountv BOARD OF Education. The Levy
Courts of the counties are required 10
raise by taxation such sum as may De
necessary under a budget system lor
the support and maintenance OF the
publ,c schools. and the county D0aru,
subject TO the general directions ana
rules OF the state Board, has the prac-
teal administration OF the educatlonal
and financial conduct OF the pubic
schols in the county.
IN addition TO the foregoing the
Act provides for the election in the
school districts OF a Board or school
Trustees TO whom are given by the Act
very limited power. among which may
he stated lhe custody Of the school
bouse. the employment OF janitor, and
Inc recommendation 10 the County or
state Board OF changes. alterations or
improvements in the property, conduct
and management OF the public school
IN their district
Section G. OF the act IS the only one
which has given me any serious DIM
Guilty. This section provides that I'M
mediately after the expiration or the
present school year on June 80, 1919, all
The governing and administrative school
boards and committees Of every school
district in the state. including all school
districts created, united or consolidated
by a special act prior TO the approval OF
this act who may accept the provisions
of the act as theria provided, are abol-
ished. and the jurisdiction Of the pub
lie school in such districts shall pass to !
the County Board Of Education under |
the act. The statute then provides a |
method by which the school district
may accept the provisions OF the act
and thereby be abolished and the school
district conducted I'm all respects under
the provisions Of the act. Unfortunate
". however. there is nothing contained
in This section which makes 1t clear /
what becomes Of the local school com /
mittee or how the local public school /
is 10 be conducted thereafter in a dis
trict which does not accept the provi- I
sions OF the act. but a more careful |
study Of the whole law makes certain /
things perfectly clear.
First: All the other general school
laws Of the State are repealed and The |
only act under which a public school /
fother than the special Schools) can |
be conducted in the State is the new
School Code
second: All school districts. wheth-
pr they accept or do not accept the pro-
visions of the act, by its very terms
are governed in the character and con-
duct Of the school, the employment OF
II fr.N