New national era. [volume] (Washington, D.C.) 1870-1874, 1871-12-07
District Matters.
WASHINGTON, December 4, 1871

4
WASHINGTON, December 4, 1871.
To the Hon. Chas. l.. Hulse, Speaker of III
House Of Delegates Of the District Of "a
lunabtd:
SIR: The response of the Auditor to tn
resolution of the Legislature, as published il
the Chronicle of the Goth ult., requires but few
suggestions to show its fallacies and Its wan
of appreciation of the applicability of egisla
ton.
His fourth conclusion, "that Congress re
quires the same duties and functions OF sait
Trustees Of Colored Schools as of The whit,
schools" is an error, the correction of which
will dispose of all there is 10 his statement tina
has even the appearance of merit. The Boart
of Trustees of the white schools have all their
duties prescribed by the local authorities, and
are as follows:
let. To appoint all teachers. I'd. To pre-
scribe the textbooks to be used. Sd. Make
all suitable rules and regulations for the man
| agement Of the schools. 4th. To determine
upon and transact all business and matters ap
| pertaining to said schools, agreeably to their
/ bylaws and regulations, and subject at all
times to the local law. 5th. To cause exam.
nations to be made OF, and to classify their
schools, as directed by law; to disburse prizes
to meritorious pupils; to make estimates oil
| funds required for conducting the schools, and
direct the payment Of the fund appropriated for
their use.
Aside from the above they have no power
or authority whatever, except such as may
be directly implied and incidental to those
we have named. They have no authority to
disburse money, as the local authorities are
| empowered and commended to appoint for them
"a Treasurer to make disbursements for the
public schools, and to keep the accounts and
vouchers thereof They cannot even keep
record of their own proceedings, the same
authority selecting Secretary, whose duty it
10 made to keep journal of all the proceed
ings of the Board of Trustees" (Act November
IL, 1853, section A. They cannot select or
purchase site for, nor build a school house,
the local Legislature retaining that power to
itself. They cannot cause a building to be re-
paired or even painted or whitewashed, when
the expenditure therefor exceeds $50 They
cannot fix or change the salaries of their teach
ers, nor change the grades of their schools, nor
appoint Superintendent, nor define his duties.
They cannot establish additional schools, nor
even employ music teacher or an assistant,
without the aid of the local authorities.
But a very slight examination of the acts of
Congress show that the Board of Trustees of
Colored Schools are possessed of all the more
comprehensive functions withheld from the
other public school board, for we find such
language as this used in the act of May Fl, 1862,
mot May 2, az stated, which act has never been
repealed, as stated by the Auditor, except the
first section, relating to the creation Of the
fund but the execution of the trust was merely
transferred to an Independent board } :" Shall
have sole control of the fund arising from the
tax aforesaid" "And it is made their duty to
provide suitable rooms and teachers for such a
number of schools as en- their opinion will best
accommodate the colored children in the various
portions of said cities. - Thus constituting
them the sole judges Of where, when, what
number, and what kind of buildings should be
erected. and what number and kind of teachers
should be employed.
Section 10, act of June % mot 26, az stated
by the Auditory says, and that the said fund
shall be paid to the Trustees appointed" and
ito be discussed by them in accordance with
the provisions of the said act" thus centering
in this board every function, power, and duty
necessary to the establishment and main tenance
of just as many and Just such kind of schools
as the Trustees might deem to be for the in
terest of the subjects of their trust including
that heretofore and still exercised by the local
Legislature and the Board OF Trustees of Public
Schools united. the only limit to its exercise be-
ing their own judgment and the amount of the
fund to be expended. If this be true, there can
be no more propriety in submitting the acts
of this Board to the supervision of the account
Legislature of the District itself; for the OBJ
vious reason that, within the scope assigned
to them by Congress, they are equally indie
pendent.
In the case of the white schools, their vouch.
ers are simply for salaries that are fixed by
law, and the incidental expenses of the current
machinery of their schools, while with that of
the coOred schools their payments cover all
that pertains to their existence and enlarge
ment, and such matters as are exclusively un-
der the control of the Legislative power in the
former
With such legislation as is herein referr ed
to staring them in the face, it would be the
grossest betrayal Of a sacred trust on the part
Of this Board, should they fail to resist the
claims of the Auditor to withhold their fund
until he has learned how they propose to ex-
pend it, and exercise a right to disapprove or
approve Of their expenditures.
This authority, this right this prerogative,
10 entrusted to their discretion, and not to has;
it 10 the "Opinion" of the Trustees of Colored |
Schools that is to govern the expenditures of
this money, and not that Of the Auditor.
And here it is proper to state that not one
act of Congress on this subject has ever been
repealed but each has been q re-enactment of
all that preceded it, in which the independence
of this Board has been more istrongly empha-
sized in each successive act.
The first section only of the act of May q,
1862, relating simply to the fund, was repealed
by section Is, act of June 25, 1864, and
more ample fund provided thereby; which
fund is therein directed to be paid to the Trus-
tees of Colored Schools, to be disbursed By
them in accordance aSith the provisions of said
act, in the very section quoted by the Auditor
to aid him in the position he has taken.
1t il also worthy of note that sections 20 and
81 of the act alluded to by the Auditor merely
provide for limited compulsory attendance
upon school Of all children of the legal age in
the District, and for their vaccination, and can
have no possible bearing on this subject.
The allusion Of the Auditor to, and his erro-
neeus quotation Of the act Of the District
Legislature, approved August %, 1871, is un-
fortunate.
This act, section 80, provides that all &C.
counts against the "Board of Trustees of Pub.
lilo Schools and Board of Fire Commission
ers" shall be rendered In duplicate, &C., &C.,
and certified statements of the same sent to the
Auditor, &C., &c. but not one word in this act
is said about the Board of Trustees of the
Schools for Colored Children in the Cities of
Washington and Georgetown" the name given
this board by act of July Ii, 1862 Is it possible
that the Legislature designed to include this
board when they even failed to mention it AS
we'll might the Auditor contend that decree di.
vorcing John Smith and wife was intended to
include within its provisions William johnson
and wife, or that an act passed to build
market-house In Georgetown was also intended
to authorize one to be built in Washington.
But, again. the Auditor quotes "If ap-
proved by him he shall file in his Office one set
of such accaur IN and atataments and transm;.