superintendent. The legislature has the
powder to require the assistant superintend-
ents to act as clerks to your school commis-
sioners, and save that expense. The salary
they can apportion exactly to the duties they
require of them. Your school commissioners
will probably be paid very slightly; merely
a per diem for the days they are in Session.
The question of expense cannot affect the
minds of members, because the report of the
committee provides for no expense except
that which the convention has passed this
morning. The rest is left solely to the discre-
tion of the legislature, both as to duty and
as to compensation.
Mr. STIRLING. I have an amendment that
1 desire to offer to this report, which does not
alter its features at all, for I do not know
that I wish to make any objection to it at all,
but is intended to meet one difficulty, chiefly
of words in regard to the power of the State
superintendent. I will read it for informa-
tion. It is to amend section 5 by striking
out from the word "become" in line seven
down to the word "provided" in line eight,
and inserting "the system of public schools
of the State;" and by adding at the end of
the section the words, "and such system
shall be subject to such alterations conform-
able to this article as the general assembly
may from time to time enact."
I think the objection made here is more
an objection with reference to the phraseology
than anything else. The expression in the
article that it shall become a law, seems to
create the impression that this is granting
legislative authority. It is wise, I think, to
obviate any such difficulty. Granting to
any person the right to establish a system,
is certainly not granting legislative power.
There is no doubt whatever that the consti-
tution might say that the board of public
education hereby created shall establish and
provide a system of public education. There
is no doubt that the constitution may vest
in the board the right to establish the details
of a system; but it is doubted whether it
should have the force of law as if enacted by
the general assembly. An act of the general
assembly could draw money out of the treas-
ury; but no system reported by the State
superintendent could draw money out of the
treasury. It will be a system of details with
regard to public schools; and that may be
prepared by one officer or by a board of offi-
cers. The school system of the State is to be
prepared, and it is to be subject to the action
of the legislature, but may not be prescribed
by the legislature.
The PRESIDENT. To avoid all uncertainty
it would be necessary to plaice it beyond the
power of the legislature to prescribe the com-
pensation for these officers; because the whole
matter will be dependent upon the legislature
if the legislature can act upon the question of
compensation. |
Mr. STIRLING. It was for that reason that
1 did not see so strongly as my colleague
seemed to do, the advantage of this provision,
though I concede that it will he a great ad-
vantage; for if the system goes into effect,
the legislature when it meets subsequently,
will be very apt to provide the money and
let it stay as it is. But it can 'have no force
and cannot go into effect if there is no money
to pay the officers. The system may be de-
vised and the duties of the officers assigned,
but no system reported by the superintend-
ent can have any effect except under legisla-
tion, for it could not draw a dollar from the
treasury.
Mr, SANDS. I wish to suggest to the gen-
tleman from Worcester (Mr. Purnell) to ac-
cept the following as a substitute for his
amendment:
Amend section 2, by striking out all after
the word "there," in line one, and insert
"shall be in each county such number of
school commissioners as the superintendent
of public instruction shall deem necessary,
who shall be appointed by the State board of
education, who shall hold office for four
years, and shall perform such duties as the
general assembly or State superintendent may
direct; the school commissioners of Baltimore
city shall remain as at present constituted,
and be appointed as at present by the mayor
and city council."
I think if the gentleman will accept this
amendment it will reach two objects—yes two
objects or any number of good objects. Of
course, when the proper time arrives, I shall
move, if this is adopted, to strike out section
four. I believe we are all anxious to have
a. uniform system of public education, 1
want that when labor has her fetters stricken
off in Maryland she shall be lighted by the
torch of science at her work. At the same
time there is certainly a grave necessity that
while we make our way towards this great
permanent good, we should not do it at un-
necessary cost,
As I had the pleasure of saying to the
house to-day in my remarks upon this sub-
ject) I cannot see how it is necessary for all
the counties in the State to have the same
number of school commissioners. And if
each county is to have such a number of
school commissioners as the superintendent
may deem necessary, I cannot see at all the
necessity for an assistant superintendent in
each county. It seems to me that the super-
intendent would be able to gather from the
school commissioners of the counties all the
information in regard to the educational pro-
gress the wants and the necessities of the
counties, which it would be desirable that he
should possess. It seems to roe that these
school commissioners, chosen from different
sections of the county could, at the same
time they are attending to such duties as
shall be prescribed by law for them, without |
