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

oPISIoN OF THE DISTRICT ATTOREEY-THE
AUGUsT IN ADVANCE.
The treasurer TO the board Of school commits
sioners 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-
eIto, AZ the commencement of the vacation, and
the auditor has approved the same; but the act
ms controller thinking IL would be Illegal to
pay the same, applied TO the Governor Tor 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, (S1ST2.1i,)
and if authorized TO draw his warrant, whether
the charge is TO be made against the school fund
for this or the succeeding fiscal year, in antici-
patton OF the revenues for the school fund for
the fiscal year ending June 80, 1873"
The attorney is of opinion that under the acts
Irescribng the duties OF the Off GERS. which pro-
yides for their payment monthly, and prohibits
their payment in whole or in part unless their
duues SHAH be actually performed, and under
the provision requiring all school accounts TO be
settled after the expiration of each month. the
controller cannot draw a warrant for the sala-
rles due them in July and August. The law
regulating the pay Of teachers requires oil ac-
counts to be rendered in duplicate. and il ap-
proved by the trustees to be transmitted 10 the
District auditor for his action. 1t directs the
transmission to he made {" a ftsr the close # each
monh," ard il is therefore manifest III - 1t is
only after this period that the auditor can prop
eriy 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 be cannot now issue a warrant Tor the
Pay ment OF teachers for July and August; nor
car the treasurer pay the salaries until after the
expiration of each month.
IL having been urged that the ordinance of
TIE late corporation of this city of October 18th,
1867, '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"
and that ii remains in full force, the attorney
says this cannot be admitted, as the thirty-sixth
section OF the act Of the legislature of August
% ISL, continues in force only the ordinances
OF the city of Washing ton, &C., not inconsistent
with that act or any other act OF the legislature,
ana the forty ninth section expressly repeats all
ordinances and regulations inconsistent with
that act. As respects its finances whether in
relation to amount, collection or payment, he
holds that the present government is entirely
distinct from the old corporations and the high
est court of the District has so determined.
The government has therefore adopted the
system Of 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
officers, employees, and teachers. But the sug
gested hardships capnot furnish 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 IL cative, an answer TO the second he says is
unnecessary. 1t may aliay uneasiness in the
minds of those interested to add that this
opinion only affects the payment OF the salaries
in advance. At the termination of this month
and Of August, on the presentation OF the pay
rolls, properly approved, the acquisitions of the
treasurer on the public schools VIII be duly
hOnored.
On Saturday the controller sent to the audi
tor copy Of Colonel Cooks opinion and re-
turned enclosed for his reconsideration the
reQulSltiOn OF the treasurer of the public schools