New national era. [volume] (Washington, D.C.) 1870-1874, 1871-11-09
District Matters.
Acting Governor stanton.

Letter, 10 Acting Governor stanton.
WASHINGTON, d. c., Oct. 90, 1871.
Han. E h. Stanton:
sp. have the honor to state that an un-
tortuna,e misunderstanding has arisen between
tho B ,ard of Trustees Of the schools for eolored
ctildrsnin the cities of Washington and George
town aud the Comptroller of the District,
growing out Of the following facts: Some
where between the 4th and Sth of the present
month about $4,000 was paid out of the
treasury by order of the Comptroller for the
use of the white schools OF the city of Wash
ineton AS soon thereafter as convenient, and
probably on or about the 10th instant. the un-
aersigned, treasurer Of the Board, called upon
the Comptroller and requested warrant on
the treasurer for the proportion due the col
ored schools. upon payments already made on
account of the white schools, when he was in
formed that payments would only be made to
the Trustees OF Colored Schools monthly, or
on or about the last of each month.
From conversation then and previously had
with the Comptroller, it is evident that he in
tends to insist upon this position, and also upon
his right to do so if his convenience requires it,
To this practice of the Comptroller the Board
objects, and insists that it is not in conformity
with the acts of Congress governing the sub
ject. (See acts approved May 81, 1862, and
July IL, 1862, and section ID act of jane %,
1884, These several provisions of Congress
all unite in directing that the proportion OF
school moneys due the colored schools shall be
paid to the Trustees under the act of July.
1862, but FIX no date or time when the pay
ments are to be made. The reason OF this
omission is found in the nature OF the arrange
ments by which the amounts are to be deter
mined. Section l8 of the act OF June, 1864,
provides that it shall be such proportionate
part thereof as the number of colored children
between the ages Of six aud seventeen year,
in the respective cities, bear to the whole num-
Der thereof" and points out how the proper
tional amount shall be determined, which was
subsequently followed out, and the proportion
fixed as 304l-6 959 or 3, C4l for the colored
schools aud 6, 959 for the white schools. 1t
will thus be seen that the amount due the col
ored schools can only be determined by the
amount actually expended by the white schools
from time TO time the money Is paid out Tor
their use. Following, then, the well known
principle recognized in law that when a
liability to pay money arises and no time
is fixed for the engagement it is due i'm
mediately, the conclusion is inevitable that
when a payment is made for the support Of the
white schools, the proportion Get apart by law
to the colored schools is due instanter, and that
purposely withholding it even for one day
renders the officer liable under the last clause
Of the 18th section of the act of June 25, 1864.
But aside from the position taken above, this
Board insists further, that their right to the
proportion OF school money expended in the
cities OF Washington and Georgetown is 10
every respect equal to that of the white
schools; aud that they have an interest in law
In each dollar expended; that by the terms Of
the acts OF Congress certain proportion of
each dollar expended in public education is
theirs, and a certain proportion of each dollar
belongs to the white schools that the board
of colOred schools have right equal to that
of the white schools to call for money as they
require it, so long as they do not exceed the
proportion due them upon the amount appro-
priated for the white schools by the esisla-
lature; and that no reason exists why the
colored schools should wait for their proportion
until the white schools should draw theirs than
that the white schools should wait until the
colored schools are paid. In other words, the
laws Of Congress have given each an interest in
every dollar paid out for public education in
the proportion that the colored children bear to
the white, so that when payment is made for
the support Of the white schools, q proportion
becomes due the colored schools and vice versa i;
that each can call as they need the money, but
that each dollar paid out shall be divided 10 the
Proportions above indicated.
Ii the Comptroller has a right to withhold
the money due this Board until the end of
each month, why cannot he 90 further and with.
hold it SIX months, or until the end of the
school year, and thus wipe out our schools as
e6ectusily though Congress bad made no
provision for their existence?
1t is also suggested that adherence to the
decision of the Comptroller will work great in
convenience to the Board and unnecessary
hardship upon all who have business with
them. For instance: An adjustment Of our
present claim al the end Of this month (Octo'
ber) would place in our treasury about 81, 900,
$3.50 Of which would be Immediately paid TO
our teachers, leaving US balance of less than
S2 900 TO meet claims now due, and that will
become due long before the close OF next month,
of not less than Sl2 600; in the meantime,
long before that date, the white schools will
probably draw not less than go 900 or S25,-
900. in each dollar of which this Board has a
legal interest to the amount of the proportion
provided by law.
Ia Conclusion, it is respectfully requested
that the attention of the Comptroller be of
cally called 10 the law in this case, and that he
be fully advised Of his duty 10 the premises
Very respectfully,
Your obedient servant,
lSigned) CHARLES KfSa.
Trustee and Treasurer Of the Board of Trustees
Of the Schools for Colored Children in the
cities Of Washington and Georgetoun, ID. c.
p. S.-Since the last payment made to the
Trustees Of Colored Schools, on the Attn of DC
tober last, there has been paid by the Comp.
troller for the support of white schools-sala-
ries TO teachers, some thing more than s. 600
on account Of new buildings over 81, 600 tc
Adolf Cluss. Architect Of the Seaton School
house, 81, $50; and another sum of 1904, with
some others of smaller amounts, making a to
tai of more than Sl9 coo. Upon this sun
there is due the coored schools about So, l44
for the want Of which they are now sercusl,