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Proceedings and Acts of the General Assembly, 1866
Volume 107, Page 483   View pdf image (33K)
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17
is not used—teachers are not examined according to requirements of the
law—a tuition fee of $1 is exacted—and in every particular the School Sys-
tem is as disconnected from the State Board of Education, as if Baltimore
were in Virginia. The action of the late City Council has been equally de-
monstrative. A resolution offered by the Chairman of Committee on Edu-
cation, was passed with only one dissenting voice, to effect: "That the
Board of Commissioners of Public Schools, be and they are hereby
directed not to make or allow any change to be made in the Public
School System in the City." The effect of this resolution would have
been to fossilize the School System of Baltimore, with all its provisions,
good, bad or indifferent; putting a dead lock on the wheels of progress.
But the Second Branch refused to concur and thus checked the process of
fossilization by adopting the following substitute: "Resolved, That a
Joint Special Committee, consisting of three members of each Branch,
be appointed to inquire as to the difficulties existing between the State
Board of Education and the Board of Public School Commissioners of
the City of Baltimore, and report as early as possible."
This reasonable plan of adjustment was allowed by the First Branch
to lay upon the table. The opinion of the City Counsellor and City
Solicitor was invoked. Of the legal points raised, it does not become
me to speak, but it is worthy of remark that while it is thought that
the trainers of the Constitution intended to recognize for Baltimore
a separate and distinct School System as organized and existing prior
to the adoption of the law, and therefore not to come within the purview
of the new system of Public Schools; yet the opinion proceeds to show
wherein the law does affect the City Schools and invests the State
Board of Education and even the State Superintendent with certain
powers, and imposes upon them duties connected therewith, thus
placing the Baltimore Schools, at the same time, both in and out of the
law.
The Baltimore School Board it was argued is relieved from obedience
to the law requiring the use of a uniform scries of Text Books, because
the City Schools were organized antecedent to the Act of Assembly of
March, 1865; overlooking another section of the law which says "the
uniform series of Text Books shall be used in every Public School and
High School established or aided under this Act." The Baltimore
Schools are certainly aided, receiving their proportion of the State Free
School Fund, and of the 15 cent direct State tax as appropriated by
the Superintendent.
These questions need not be discussed in detail. The members of
the Committee on Education will remember the response given to the
delegation from Baltimore City asking to be relieved from the operation
of the General Law. The Senate will remember the unanimous refusal
to entertain a similar proposition presented in a letter from the President
of the Baltimore School Board. The House of Delegates will remember
the signal defeat of the effort of one of their number to amend every
section of the school law so as to exclude Baltimore City. Tinder
these circumstances it is astonishing that any doubt exists as to the
intent of the act. or that there should bo any effort to attach to words
other than their natural meaning. The Constitution requires the Gen-
3

 
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Proceedings and Acts of the General Assembly, 1866
Volume 107, Page 483   View pdf image (33K)
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