New national era. [volume] (Washington, D.C.) 1870-1874, 1871-11-16

Y
control Disbursements of this Board, how car
effect be given to the act of Congress which
declares that the fund shall be under their sole
control, and be disbursed by them as in their
opinion will best accommodate, &C.?
Again: The right of this Board to the sole
! control Of the fund set apart for the education
of colored children has been affirmed by the
Supreme Court of the District of Columbia.
In an action brought against the authorities
OF the city Of Washington for their proportion
OF the school moneys upon the trial of the
cause lat law, No. 1863 in 1868, it was ad.
Judged that their right thereto was complete
| in law and the only duty of the Court was to
ascertain the amount due them under the vari-
Gus provisions of Congress and render iudg
ment therefor for which purpose the Court
appointed referee, when, upon the coming in
| and afErmance of his report. the amount was
| paid over and the suit settled. This decision
| of the Court was followed up by legislation of
| the City Councilsin an act approved November
| %, 1869, in which the Mayor OF Washington
was instructed to pay the Trustees OF Colored
Schools their proportion of school moneys " at
the same time" and times as payments were
made for the support of the public-schools Of
this city in accordance with " the late decision
of the Supreme Court of this District y and in
the same ordinance, section 2, appropriated
money "to enable the Mayor to pay such
sums of money are required by the act
of Congress approved June 25, 1864, to
be paid by this Corporation to the Trus-
tees Of ColOred Schools" AS section 40
of the organic act of the District provides
that sail laws and ordinances of said cities not
inconsistent with this act shall remain in full
force until modified or repealed, " il is presumed
unnecessary to argue that the ordinance above
quoted is sell in force so far as it acknowl-
edges and defines the obligations of the author
tiles of this city to this Board.
Again: This Board is the creation Of the
supreme law-making power of the United
States, with well-defned functions and duties,
relating to the education of large class of
children of the cities Of Washington and
Georgetown, independent and beyond the con-
troll of the authorities who are charged with
furnishing the fund with which to carry on it's
work. Their instructions are derived solely
from the acts of Congress, and they are not
and cannot be made subject to the local author
tiles are alone accountable to the Congress of
the United States, by whose authority thew are
appointed to do a particular work, and no ju-
risdiction Of their acts can be acquired except
through the source that created them and by
that branch OF the judiciary charged with the
duty of correcting all abuses arising by reason
of unfaithfulness in the discharge Of trusts
An examination of the legislation on this sub
ject fails to show any relationship whatever
UetWtth IL duu tue lOcdl duCuOrltleS. ItS men,
bers receive their appointments from federal
officer, by authority of federal enactment to
exercise a function and to perform duties not
provided for by any other legislation than that
of Congress- and even the officer appointing
them has not the power of removal, that deli
cate duty being left with court of chancery,
to be performed whenever case is presented
calling for its interposition.
In view of these suggestions it is respectful |
ly submitted this. the requirement made by the |
Auditor of the District, and his refusal to pay
to this Board their proportion of the fund and
the additional requirement of the Comptroller
that the member of the Board acting as Treas,
urer shall give bonds to the District, are all as
sumptions of power having no foundation in |
law, which we have the honor to request may |
be abandoned, and the evident intent and pur- |
pose of the several acts of Con gress relating |
thereto be complied with, and the money now |
due, and to become due, be paid without con-
dition, as heretofore.
BY order of the Board
Very respectfully,
Your Obedient servant,
CHARLES KING,
Trustee and Treasurer.