Middletown transcript., 1919-03-15
NO POSITIVE STATEMENTS,
Communicated
10 the Editor:

I
was to bring out this reply. in the hop'
that Prof. Jump might put in writing
some Of the mis-information which h
handed out to the people present at thu
meeting in the New Century Club. Blu
he carefully refrains from any direc
and positive statements. Leaving ou
OF consideration the matter which hi
copied (and part of it without giving
credit therefore) from the Sunday Star
his communication contains three state
ments:
That, under the proposed code, the
State Commissioner Of Education i:
not Gar.
2. That the fourteen Articles in the
code fit like shingles on the roof.
3. That this correspondent did moi
correctly state the burden of cost ol
the new system on the taxpayer.
In reply to the first statement, Prof
Jump quotes from section "a of the
code, that ''The State Commissioner ol
Education shall execute the educationa
policies of the State Board of Edu.
cation" and section SO that, ''The
State Commissioner of Edu cation sha
perform such other duties as are assign.
ed him from time to time by Il e State
Board of Education and the General
Assembly," But the Professor ignores
section Of the law. which states THE
State Board Of Education shall de-
termine the educational policies of the
State, on the recommendatio Of the
State Commissioner OF Education. =
He also ignores section %. which pro-
vides ''The State Commissioner of Edu-
cation shall explain the tue intent and
meanin5 of the >school laws and of the
enacted and published bylaws or rules
and regulations of the State Board of
Educ ito" with no provision for
appeal. If this section means any thing
it means that so far as school matters
are concerned the State Commissioner
Of education has more power than any
Gar ever had. The person who recon-
mends the education policies of
the state and is vested with power to
say what the rules and regulations as
we'll as the laws mean certainly has
supreme power and the English language
contains no word giving higher than
supreme" power.
If the fourteen articles Of the code fit
like the shingles on the roof, every
shingle must have its place and if one
is dropped out leaky roof results.
That is exactly my Contention. 1t is a
well settled principle Of law that the
Legislature does not enact a section OF
a law that is useless or superfiuous.
Therefore, when the code provides in
every section devoted to the State
Board of Education that it shall only
act ION the recommendation Of the
State Commissioner of Educat ton" it
means exactly what it says. And sure
ly this limitation OF the power. of the
State Board and the provision Of SIC
ton 80, taxing away from the Courts
their right 10 say what law means
and vesung it in the State Commission
er, confTs on that official supreme
power in educational matters.
Probably the best evidence Of the
fact that the fourteen articles did OF
fit like the shingles on the roof is found
in the fact that before the Legislature
vent into hearing on the bill on We'd
nesday Of this week, the Commission
consented to drastic amendments Of the
law, amendments that meet in every
particular the objections Of this
correspondent, except as to cost and
politics. With these amendments the
bill is SO nearly right and proper that
no one can be more enthusiastic in it's
support than the writer. With the
Car power taken from the State Com
missioner Of Education. the requirement
that Mr.. Spaid shall meet the high re-
quirements demanded Of State Com
missioner of Education or make way for
some one who does meet those require
ments. with the provision for more
frequent meetings Of the State, County
and District Boards, and the many
minor changes that were made, the
bill should and probably will pass and
be given a trial. l should prefer to
have seen the election 1T some other
time than the general election, but that
is matter that can lie altered if deem
ed wise in the future.
AS to the matter Of costs of the new
system. Professor Jump is careful not
to say what the increase would be, but
confines himself to the generality that
''Middletown would receive funds from
the state as she is now receiving. plus
$500 state appropriation. plus more
than twice the amount she is now re-
ceiving from pay pupils. He also says
that two-thirds Of the overhead Of the
county school system would be borne
by the State. He seems to think that
the state can get money other than
from the taxpayer, but those Of us
who pay taxes know better. Practically
1t makes no difference to tax payer
whether his school taxes are incre ased
4] per cent. and his county taxes an
amount equivalent to IL per cent, Of
his school taxes, or whether his school
taxes are increased 50 per cent. 1t is
ultimate cost that concerns US. Permit
me to say, however, that to me this is a
subordinate matter, but the Professor