Evening star., 1869-11-30

f"EoIation Attorney Cook has rendered the
TO ewing opinion in the mNed->chool case. re-
f,I ID TO HIM by the Sub Board OF the First Dis
tIIr;:
NAsHINGroN, II. G. >p7. 20. IS,a-G.ntls-
men. Ina your commune alton Of the 18th inst .
YOU request a. an official op.rioH' i.atn ni,, i'm
rt lation TO Z" case" which has arisen i'm th,.
hrst school district OF this city. and an answer
10 three inquiries which Yea have seen nit Ia
connect with - the case, ami which you seem
TO orcg%Id ~ pertinent 10 il.
!. - IhI Ca>e,' briefly stated. is this -" 4
child nearly " hite ''-harely - stipred with A.
rican blood. but which the Parents admir-
aud avon Ia be cOored.' procured a ticket of
admission. - IA the usual form" from one of your
E"ial'rr. II one Oi the schools under your
CLdTse The ticket was subsequently, pre-
s'rttd 70 'he proper teacher and the child re
ceived into the school.
ig reference 10 the printed ..Ry-l0srs of re
beGrd Z. Trustees and RHi.s Gad R,ysldtlots ot fhs
PSbttc Sch0ois, l. 10, il VIII be seen that admis-
si,.1 10 school is governed by the following
IGlv: applications for admission shall be nal,.
10 q Trustee II the School District i'm which th.
party Applying Resides; cho beiao satisfied that
thc child IL SGttcJie candidate for admission,
shall grant a ticket addressed "a the teacher of
~uch school within his district as he NAV think
proper
stHgts Trustee. and nu; the views or ayowals of a
parent or of any other person, conclusive a. tp
the sultabeness OF c2ndi late; and ii that ju,ig
mCnt, whether correct or erroneous, IL favorable
to the applicant, ticket must he granted In
cannot be withheld; and when il is issued, the
holder, not fr Grdttd. hut ie jUTe. NAV demand
admission TO the school designated i'm il
Hence, when the child referred TO Won was
furnished by zone of your number" with a
ticket an The usual form, or in accordance with
the cited rule, its qualifications a. a scholar
were regularly and definitely determined, and
on presenting the ticket in its possession to the
teacher to whom il was addressed, coi9staBsi II
became entitled TO admission into ''her school,
The teacher could not reject or repel the child,
sarr r.afR f.ar
And neither the laws of Congress, nor the ordi-
nances OF the city, nor the "By-lawsp OF the
Board OF Trustees, authorize or permit il 20 be
classified a. "a visitor" or to bt. s.temporarily
suspended" or to be deprived in these rhodes OF
tie rights and privileges conferred on il bv the
ucl Ell OF admh sion. Cnless. therefore the child
Is expelled from the school for d violation of eN-
lstlng rules or regulations, removed from il by
a paramount legal authority. il any exists, Il
must be allowed 10 remain as a pupil and In all
respects be regarded and treated ~ such.
I'd. The Questions which yOu have connected
with 1.-The case are these, viz:
Il. Does the actof Congress of March Is, 1869,
entitled IAN act for the further security of
equal rights in the District OF Columbia" )" have
the effect TO strike the word "white" from tht,
corporation law establishing our present system
OF schools, namely, the act OF November l.,
lS5S?''
80 II not at IS the legal INTERPRETATION Of the
word ''white by which We should be governed
in the admission OF pupils 10 the public schools?
Does it designate those only VINO have no admix-
ture OF African blood? or where snail the line of
distinction be drawn"
''3. Under existing laws, establishing SEPARATE
systems Of schools for white and colOred children
Is the admission OF any OF the latter class into
the schools under our charge legal
These questions do not deem it proper 10
answer; t1) because a consideration OF them ia
not necessary in order TO decision of sfLe case''
presented for my opinion; (2) because the aues-
tions are limited and partial in their terms and
would therefore confine and restrict an ot,ipion
which, when rendered, should be full and conn
prehensive; and t3) because while the que stious
relate TO "pOints" which are OF interest and i'm
portance to all 1.-THE school districts " they ema-
nate from one ''sub- Board of Trustees" and
not from the entire Board; OF from only three of
the thirteen persons under whose "management'
1.-The public schools" have been placed and exist
The law, and especially the sby-laws- of the
Board appear TO contemplate that .sany difficult
"" Of a general character should be Laid before
"tEe whole Board, and if "an official opinion
in relation TO it is desired, the request for IN
should come from the Board through the Mayor
of the city.
If the question OF the poorer 70 establish mixed
schools IN his city, or OF the admission Of different
races into the same school comes properly before
me, will endeayor to give them the considera-
ton which their importance NAV demand: but
II If possible that the Congress which will shortly
assemble In the exercise of its acknowledged
power, WILL by plain and appropriate legislation
''settle the entire subject" and thus prevent
protracted discussion and litigation.
Respectfully, WILLIAM A. Cook,
Attorney for City of Washington.
To Messrs. j. 5. Brown, A. f.. Newton Geo
b. Vashon, Trustees of the Public schools First
District.