Evening journal., 1919-08-04
Wilmington MAY
LOSE STATE MONEY
Ii School Code is Not Ac-
copied Funds Could
be Withheld
THIS II OPINION
OF R. H. RICHARDS

visions of the state school code. That,
in essence. is the conclusion that may be
drawn from a statement made TO re-
porter for The Star by Robert H. Rich
ards, former Attorney General and one
of Delaware's ablest lawyers
The reporter asked Mr. Richards
whether the Wilmington Board OF Edu-
cation could expect 10 receive any az
lowance. from the State school fund u
IL should not elect to be governed by
the State school code. This was Mr'
Richards reply; So,
"The State code applies TO VII
mington II its provisions are ae-
cepted by the Wilmington Board OF
Education. II not accepted, IN my
Judgment. the State Board OF tdu-
cation, under the new code, has the
power to prevent Wilmington from
receiving any share IN the state
school fund"
Asked il he were willing toe express
his opinion as 10 the constituiionality OF
the school code as IL applies TO WI
mington. Mr. Richards said
"The new school code was enacted
under the provisions of Article 10
of the constitution and did not re-
quire a two-thirds vote TO make It
applicable everywhere in the State"
The portion of Article 10 of the state
Constitution under which Mr.. Richards
saws the state code was enacted, reads
..The General Assembly shall provide
for the establishment and maintenance
of a general and efficient system OF Tree
public schools" and at no portion OF
this article is reference made 90 the
necessity for a two-thirds vote 20 en-
act such measure.
The contention of the Board Of Edu
cation, questioning the constitutlonality
of the code as applying 10 the Whining
Ton schools has been based on Article
of the constitution. which sets forth
that mo general corporation law, nor
any special act Of Incorporation. shall he
enacted without the concurrence OF two
thirds of an the members elected TO each
house of the General Assembly The
board claims that as it is an incor-
porated body. the-code. in order to apply
legally 10 Wilmington, must have re-
.ceived a two-thirds vote in the Legis-
lsture.
The first part Of Article O. of the CON
stitution. and the portion upon which
this contention is based, reads as fol-
lows;
"No corporation shall hereafter be
created, amended, renewed or re-
vived by special act, but only by
or under general law, nor shall any
existing corporate charter be
amended, renewed or revived by
special act, but only by or under
general law; but the foregoing pro-
visions SHALL NOT APPLY TO
municipal corporations, banks or
corporations for charitable. penal,
reformatory, or EDUCATIONAL
purposes, sustained wholly or in
part by the State The General
Assembly shall, by general law, pro-
vide for the revocation or forfeiture
of the charters Of all corporations
for abuse, misuse, or non-use OF
their corporate powers, privileges or
franchise. ANY proceeding Of such
revocation or forfeiture. shall be
taken by the Attorney General, as
may be provided by law.
No general Incorporation law, nor
any special act Of Incorporation,
shall be enacted without the con-
currence of two-thirds Of all the
members elected to each house of
the General Assembly"
If. i'm spite Of the opinion Of men oi
such legal ability as Mr.. Richards, the
Board of Education persists in its en-
deavor to question the constitutionality
of the code this will doubtless mean
that long months of time may be wasted
In the effort. For City Solicitor Huxley,
ID IS understood, will hesitate for some
time before he will be willing to give
an opinion on the subject, as he has
been asked 10 do. and may 90 so far
as to recommend that the subject in
some way be carried to the State courts
Tor a legal Interpretation of the code
and its application to incorporated dis
tricts i'm the State. He feels that the
issues are too big 10 depend upon the
opinion of any one man. It is said.
And while waiting for legal opinion
on the subject, projects which should 20
ahead. such as ths-erection of the now
No 25 School, at Fourth street and
Bayard avenue. may have TO be held mp
because Wilmington's allowance from
the State school fund is not forthcoming
The failure of the Board of Educa
tion to adopt the provisions OF the code
would surely mean that it would not
receive dollar from the trust fund
created bv Pierre s. DUPONT for assist
ing with the building and reconstruction
of schools I'm amy district which accepts
the code. And 10 would doubtless
mean. according to Mr.. Richards opin
ion, that the general appropriation to
the Wilmington schools from the state
fund. amounting to from Sll0000 TO
$4,000. could be withheld by the state
Board Of Education as well as any other
sums which the state board might al
low to Wilmington unucr the code.
The Board Of Education. through its
secretary, under date of last Tuesday,
July Goth. asked the City Solicitor TO
give the board an opinion by the next
meeting night. Monds, evening, August
/ II. as to the following
What Is the legal status Of the Board
of Education Of Wilmington
If the Board Of Education Of Will
mington accepts the State code does it
mean that the board viii consist Of a
! three member commission
Must the board accept the code TO
receive State aid
Is the state code constitutional as
affecting the Wilmington schools, the
code not having received a two-thirds
vote of the Legislature?
Mr.. Huxley confessed, it is under
stood, that the first question as to "the
legal status of the Board of Education" {"
gives him a legal skein TO unwind that
is quite full Of knots.
Real estate will be sold TO good ad-
vantage in the Want Ads
arohinI, ,bo rse ~ cIgare,Ioo H., r,oI