Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-03-15

now payable to the trustees ..-.t
ana A,s ,s;s the smOunt due under the seov stn
nor, when 1t will be payable.
as sffaagements are now being made for
attention to the matter will obliee,
Yours very respectfully.
g.; Ss;5s ssz::; yss.ps,, s:..' Trustees,
MAYORS OPF1oB, Dec 18th, lsS..-kes,y,
Ddniel Bred, Sdyies J Botoen, and Ruf,s Leigh
ton, Trustees Gentlemen: / received, through
the post office, on the 5th, yours Of the 29th of
tie education of colored children IN Washing
ton by the acts OF Congress OF May 2lst 1862,
and June 25th, 1861, in which, after giving me
in detail the sections of those laws under which
you claim, and your construction OF them,
You conclude by propouading to me two ques-
tions.
lat What the amount which accrued from
the ten per centum of taxes paid by colored
people from May 2lst, 1862, to June 25th, 1854,
and the balance now payable to the trustees.
2d. The amount due under the leth and 18th
sections OF the act OF June 25th, 1864, IL any has
yet accrued; IL not when It will accrue!
To your first inquiry have the honor -
reply, that from information derived from the
Collector OF Taxes, the amount which accrued
from the ten per centum of taxes paid by col
ored persons, from May 2lst, 1852, 70 June 25th,
1864, was S742.s3 Of which you have received
order.
In answer to your second inquiry. have 70
reply that the " " hole fund" applicable to pur-
poses of public education in this city is COM
prised in and derived from the following
sources:
1st A poll or school tax imposed by act of
Congress of May IL, IS4S, made a condition
precedent TO voting, and OF which nothing
will accrue until after our next municipal
election.
2d. A special tax imposed by act Of the City
Councils on real and personal property, the
larger portion of which for the present fiscal
year has been collected, and the amount
whereof will inferm you so soon as the Col
lector Of Taxes makes distribution OF the taxes
collected.
Sd. A fund accruing from the fines, penal
ties and forfetures Imposed for violations OF
the laws of the United States in the District OF
Columbia, two -fourths Of which are given by
act Of Congress of June 25, 1864, as gratuity
which, to this day, there has been received
S3,S49.9S. You are unquestionably entitled TO
30 per eentum of that amount, which will es
paid when demanded.
/ have, however, great doubt whether you
are entitled to receive any portion OF the funds
ccruiDg under the act OF the Councils of this
city imposing special tax on real and per-
sonal property for the present fiscal year for
the support Of public schools, though have
no doubt that You are not en- titled to receive
~ per centum OF that fund as claimed by you.
The language of that section (1Sth) of the act
OF Congress of June 25th, 1864 under which
alone any claim to any portion OF II can be
based is "that from and after the passage of
this act, it shall be the duty Of the m municipal
authorities Of the cities of Washington and
Georgetown, in the District OF Columbia, 70 set
apart each year from the whole fund received
from all sources by such authorities appllcab
under existing provisions Of law to purposes
of public education such q proportIonate part
thereof as the number of colored children be-
tween the ages of and II years, bears to the
whole number Of children thereof, for the pur-
pose OF establishing and sustaining public
schools II said cities for the education OF COL
ored children; that the said proportion shall
be ascertained by the last reported census OF
the population OF said cities made prior TO said
apportonment, and shall be regulated at all
times thereby"
This doubt is occasioned by the fact that the
act Of the City Councils august 11th, 1s64,)
imposing this special tax for the support OF
the public schools of this city was subsequent
to the act Of Congress. June 25th, 1864, and was
not at the time OF the passage of the act of
Congress 'tan existing provision Of law" as
contemplated by that section Of that act.
1t is, however, very clear to my mind that you
are rot entitled to receive, if anything, the pre-
Iertionats part OF the fund aceruing frsm this
special tax you claim, viz: 30 per centnm, and
widely.
In your letter You cay "by official informa-
ton from the Superintendent OF the Census
Bureau, 1t appears by the last census the whole
number Of children In the city of w Washington :,
between the ages OF and II years was a. S33,
Of whom 1ls66 or 50 per cent were white, and
1867 or 90 per cent. were colored, consequently
under the 18th section OF the act Of Congress
of June 25th, 1864, 90 per centum OF the whole
fund received from all sources, applicable
OF public education In the city OF Washington,
is to be applied to the support Of colorsd
schools in this city"
A more critical examination Of those two
sections, the 18th and 10Th of the act Of Congress
of June 25th, 1864, will, think. satisfy you
that there is material difference IN their
phraseolegy, m king a discrimination in the
proportionate part you are to receive respec-
lively under them.
The former giving you only such a propor-
tionn part as the number OF colored children
in the respective cities between the ages of
and Il years bears to the whole number Of
children thereof which Is 10% per cent, and
the latter such proportionate part as the num-
Der OF colOred children between the ages OF
and II years bears to the number OF white
children between the same ages, which is %
per cent.
This discrimination between these two sec
tions of the law as we'll as the reason for it are
clear to my mind.
The 18th section which gives you the lesser
is applicable to q fund arising from taxes i'm
posed on and paid by the citizens OF Washing
ceive the greater proportion is limited, and ap-
plies only to fund accruing to this city from
q gratnity OF Congress, and when you con-
slider that Of the fund to which the 18th section
is alone applicable, the poll or school tax is
contributed by white persons only, and OF the
special tax for the support of public schools
there was contributed from May 21st, 1862, to
June 25th, 1854 by white persons sixty-six
thousand three hundred and thirty two dollars
and forty eight cents, 1896 332 As and by col
ored persons seven hundred and forty.two
dollars and eighty. three cents, (S7i2 S3,1 only
1.12-1C per cent, the proprety OF even a greater
determination will think he obvious to you.
Very respectfully, your ebedient servant,
RICHARD WALLACH, Mayor.
AIR LINE RAILROAD-In the Maryland Le-
gislature on Tuesday, an act to incorporate a
company to build an airline railroad from