New national era. [volume] (Washington, D.C.) 1870-1874, 1871-11-16
District Matters.
...r 90 Governor Cooke.

CIR. The Board of Trustees OF the Schools
n, Colored Children in the Cities of Wash
;ncton and Georgetown, have the honor Il
state. that, on calling upon the Comptroller or
the 9th instant for the funds now due them by
the District authorities, they were referred Il
the Auditor. who stated that, in view of the
provisions Of the 3Sth section OF the act of tn,
District Legislature approved on the 23d day
of August 1871, he should decline paying tn,
fund for the support of the colored schools il
said cities to the Trustees thereof as hereto
fore. but should insist upon the original vouch
ers being furnished in duplicate for all expen
ditures OF said Board, when. if found correct
8 check would Issue for the gross amount Il
the order of the Treasurer of said BosrC
monthly, to be disbursed by him in detail
The authority for this proposed change il
the mode of dealing with this Board is denied
and the attention Of your Exceliency is re
quested to the provisions Of Congress relating
thereto.
The act OF Congress. approved May 81, 1867
provides for the creation of a separate fund
for the education of colored children in the
cities of Washington aud Georgetown. and
gave the Board of Trustees of the Pubiic
Schools 'tsole control thereof and directed
them to provide Herewith Suitable rooms
and teachers for such a number OF schoois>as,
hs
colored children in the various portions oil SAID
cities" (See section OF said act1
By the provisions of the lst section oil the
act of July III. 1862. the powers aad-dutIes oil
the Board Of Trustees OF Public Schools IN
relation to colorea children in the cities above
named were transferred to q separate Board
created by that section, and designated therein
as "a Board of Trustees of '.he Schools fof
Colored Children in the cities aforesaid (of
Il. 60 4 and Nr.aVl
for its perpetuation, which Board has con
tinuad to exercise these functions to the pres.
ent time.
By section Is Of the act Of June %, 1854
the fund for the use of this Board was IN
creased, aud it's independent authority In
reference thereto re epacted in the following
expressive language: And that the said fund
shall be paid to the Trustees appointed under
act of Congress, approved July Ii, 1862, to
be disbursed by them in accordance with the
provisions of said act
By act of July %, 1866, Congress, to remove
all possible doubt as to their intention in the
legislation previously had in relation to this
Board, enacted that the 18th section of the
act entitled IAN act to provide for the public
instruction of youth in the county of Washing
ton, District of Columbia, and for other pur-
poses, approved June %, 1864 shall be so
construed to require the cities OF Washing
ton and Georgetown to pay over to the Trus-
tees of Colored Schools such a proportionate
part of all moneys received or expended for
school or educational purposes in said cities,
including the cost Of sites, buildings, improve
ments, furniture, and books, and all other ex-
penditures on account of schools. as the colored
children between the ages of six and seven
teen years, IN the respective Cities bear to the
whole number of children, white and colored
between the same ages THAT the money shall
he considered due and payable to said Trus.
tees on the FIRST of October of each year: or
If not paid over to them, interest at the rate
OF ten per centum per annum on the amount
unpaid may be demanded and collected from
the authorities Of the delinquent cities by said
Trustees" And section Cd, of the same act,
authorizes the Trustees to prosecute their ac-
ton fsr debt in the Supreme Court of the Dis
trict Ut Columbia against said cities for the
non-psyment of any sum of money arising I'M
der the aforesaid act Of june %, 1864.
The above synopsis of the legislation of Con-
gress shows cOnclusively that this Board is
vested with the sole control and authority over
the fund created thereby, subject onlv to the
provisions and terms of the separate acts them.
selves, and the only duty of the officials of the
District Is TO determine the amount due and
turn 10 over TO ehe Board or It's designated
financial agent. And such has been the uni
form practice of the corporations of the two
cities for nine years and of the District author
tiles until the present time. The provision of
the District Legislature alluded to. we contend,
cannot be made TO apply to this Board, for the
very important reason that there is nothing in
its terms to indicate any such intention, as it is
not even named, nor is 1t in any manner
described, nor is any language used that can
be made to imply such an intention, or even
the most distant allusion thereto. 1t says
- that all accounts against the Board of Trus-
tees of Public Schools and Board of Commits
sioners of the Fire Department shall be rem
dered in duplicate etc, etc.
This Board has distinctive title given by
the act creating it, by which it in styled "a Board
of Trustees of the Schools for Col0red Children
in the cities of Washington and Georgetown"
and it is only reasonable to suppose that had
the Legislature OF the District intended to in
clude this Board within its provisions it would
have intmated that purpose by the use of ap.
propriate language. Again, this provision
cannot apply To the Trustees of Colored Schools,
for by its terms the money proposed thereby to
be paid over is directed to be paid TO the
Treasurer, and By him dsbursed, a party not
authorized by any act of Congress to receive
and pay it out. " Upon the receipt Of said
the Comptroller shall, if upon exami-
nation he is satisfied of the correctness of
the accounts issue his warrant for the aggre-
gate amounts thereof, payable to the order of
the Treasurer of the respective Boards" That
is the Board of Trustees of Public Schools and
Fire Commissioners. And il shall be the
duties of the Treasurer Of the said Boards to
pay the money so received by them to the par
ties whose accounts have been apprayed,
Congress only authorizes the Trustees to re-
eeiye and disburse it, aud bas made no pro-
Va he nipff
payment Of treasurer Of this Board, and no
such officer is known to the act creating it the
Trustees alone are responsible for the fund en-
trusted TO them, the appointment of trea.
surer by the Board being mere gratuity, and
Tor their own convenience, and in no way makes
him responsible to any authority but that
which created him, to wit the Board, of which
be himself as a member. la the appointment
OF one OF their members as Treasurer they
simply make the appointee their agent, and
are solely and entirely accountable in law for
all his acts, he only sharing with them the
burden and responsibility common to them
all. Suppose the Board should see fit to dis
pense with the services OF treasurer and direct
one OF their number to receive money and sign
checks by order of the Board, could the Audi.
tor or Comptroller OF the District obey the
mandate of this provision Of the Legislature
OF the District? Since there Is no authority
IN lawfor the existence of Treasurer and no
such ofilcer Is known IN law, no responsibility
as such can attach to any person holding that
position, and any payment made TO him as
such. or in any other manner, except as a
simple agent TO act for the Board. would he
clearly unauthorized and in violation of law
the Trustees alone being designated by Con.
gress TO receive the fund.
Again, this provision cannot apply TO this
M I'D Tor htrN as II