Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-07-08
The Pay of the Public school
Teachers

OPINION OF THE DISTRICT ATTORNEY-THE
AUGCsT IN ADVANCE
The treasurer 10 the board Of school commits
sloners has made his requisition on the District
teachers Of the public schools for the months of
July and august, as has been the custom hith-
eilO- AT The commencement of the vacation, and
me auditor has approved the same; but the act
ing controller thinking II would be Illegal to
pay me same, applied to the Governor fCr the
opinion OF the attorney for the District, which
has been given The points raised were: -
whether the existing laws Of the District
authorize the controller to draw his warrant on
the treasury for this latter amount, (SISg72I4,)
ana II authorized TO draw his warrant, whether
the charge is TO be made against the school fund
Tor this or the succeeding fiscal year, in antci-
Patton OF the revenues for the school fund for
the fiscal year ending june 80, 1873"
The attorney is OF opinion that under tn acts
lrescribing the duties of the off GERS which pro-
yides for their payment monthly, and prohibits
their payment in whole or in part unless their
the provision requiring all school accounts TO be
settled after the expiration of each month the
controller cannot draw a warrant for the sala-
res Cue them in July and August. The law
regulating the pay Of teachers requires all &C
counts TO be rendered in duplicate. and if ap-
proved by the trustees 10 be transmitted to the
District auditor for his action. 1t directs the
transm;ssiOn to be made 81 ftcr The close If each
month, ard IL is therefore manifest h - II is
only after this period that the auditor can prop
erly receive or approve the accounts. He then
SHOWS that the action of the controller is re-
CURED TO be subsequent to that of the auditor,
and that he cannot now issue a warrant Tor the
Fay ment Of teachers for July and August; nor
can the treasurer pay the salaries until after the
expiration of each month
it having been urged that the ordinance of
the ate corporation of this city of October 18th,
ISbtt required the mayor to anticipate annu-
ally the revenues for the purpose of paving the
teachers IN full after the close OF the schools n
the commencement of the summer vacation"
AID that 1t remains In full force, the attorney
a6pliftph as ba hirtv d
section OF the act of the legislature of August
y. ISL, continues in force only the ordinances
OF me city OF Washington, Sc, not inconsistent
with that act or any other act or the legislature
and the fOrty-ninth section expressly repeals ali
ordinances and regulations inconsistent with
that act. AS respects its finances whether in
relation to amount, collection or payment, he
nolds that the present government is entirely
hlstlnCt from the old corporations and the high
est court of the District has so determined
The government has therefore adopted the
system or monthly payments. Advance pay
ments or payments in the nature of advances,
or by anticipation have not been author
lied or sanctioned by legislative enaetments
for any class of officers, employees, or labOrers.
He closes by saying sit has been suggested that
the conclusion arrived at will be hard on the
ofheers, employees, and teachers. But the sug-
gested hardships capnot furnish a rule of legal
construction. The law making power alone can
correct the evil, If any, of legislation alleged to
be wrong or oppressive" The first question OF
the acting controller having been answered in
the Ii gative, an answer TO the second he says is
unnecessary. 1t may allay uneasiness in the
minds OF those interested to add that this
opinion only affects the payment OF the salaries
III advance. AT the termination of this month
ana OF August, on the presentation OF the pay
rolls, properly approved, the acquisitions of the
treasurer OF the public schools VIII be duly
On Saturday the controller sent to the audi
tor copy Of Colonel Cooks opinion and re-
turned enclosed for his reconsideration the
requsiton OF the treasurer of the public schools.