National Republican. (Washington City (D.C.)) 1872-1888, 1874-09-14
TIE COUNTY SCHOOLS
WHY TAEoLD TRUSTEES DID NOT WISE
To RE- R0r. TSHED

WHY IAEOLD TRUSTEES DID NOT WISH
TO BE ABOLISHED.
The following Is the argument addressed BY the
County School Trustees to the Board Of Ccmmis-
sionefs in response to their statement denying It's
existence as corporate body:
Among the fundamental principles OF common
law Interpretation Of statutes are hrst, that the
intention Of the Legislature is 70 be followed;
and secondly, that statutes comforting new iurls-
diction, particularly summary Jurisdiction, are
construed strietly-nothing Is In the Law which Is
tkere!n, The acts on Congress- ooth IN oriainaIiT
creating the District government and In providing
| the District Commission upon its abolishment o.
| the District government, conferred new iuris-
diction, and in the latter case q summary juris-
dietion. In the former case three jurisdictions,
namely, Of the city corporations Of Washington
and Georgetown and the county corporation Of
the Levy Court, comprising the several municipal
governments Of this District, were abolished, and
succeeding 70 their iurisdictions And This vas
the intention Of that law.
In the frst section Of the act this new body cor
porste was endowed with the usual powers OF q
municipal corporation mot inconsistent with the
Constitution and laws Of the United States and
the provisions Of this act It abolished no other
not necessary TO abolish the corporation Of the
county school commissioners In transferring the
lurisdiedons ana anything further would Be IN,
the latter corporation. Thus, In carrying out the
strict and unequiVocal purpose Of the organic act
Congress, IN the fortieth section thereof, enRcts
THAT the charters Of the cities Of Washington
and Georgetown shall be repealed on and after
the first day Of June A. d. ISL, and all ofaces Of
said corporations abolished at that date. The
Levy Court VI the District Of Columbia and all
ofices connected Herewith shall be abolished on
and after said first day Of June, A. D. 1SIl.n And
as q necessary consequence Of the transfer Of the
powers Of the old corporations to the corpora
ton the vested property thereof went with the
jurisdiction; SO in the following section the act
provides that sail property Of the corporations Of
Warrington and Georgetown and the county Of
Washington shall become vested In the District
Of Columbia" meaning undoubtedly by s'the
county" the county in It's corporate capacity, since
the section immediately adds, land sll fines,
penalties, costs and forfeltures which are now by
law made payable 10 said cities respectively or
said Levy court shall be paid To said District OF
Columbia" Itdid not say that the nhnes, peg
alties and forieituresS made payable to the
board Of Commissioners Of primary schools Of
Washington county, District Of Columbia as
provided in the 18th section Of the act Of Congress
Of June Is, 1854, shall be paid 70 said District Of
Columbia. And there is nothing in the organic
act that says or implies that Congress intended
to disturb this school corporation. or any other
subordinate corporation In the District or diVest
its property, or VScate its ofces. Every corpora
ton, whether superior or subordinate, Is dis
tinct individual supreme within its own defined
Is the universal course In the transfer OF superior
jurisdictions In this country that all inferior cor
porate jurisdictions and their vested property
and rights remain undisturbed. This doctrine Is
fully laid down by the Supreme Court Ct the
United States, in the case Of Terrets W. Taylor,
Cranch, As-5l, and in the celebrated case Of
629-663 We see It exemplihed In the operations
Of the state governments, and Of the subordinate
municipal corporations therein; the counties, the
townships, and In New England, At least, the sep
Rrate school districts in the townships and cities
are all seYerally corporate bodies, each owning
real estate in trust, and syery one distinct from
There are, yearly, changes going on and trans
fers Of jurisdiction; townships divided and
made city governments, yet in all these changes
not single corporate body, however inGignincant
OF dependent, is disturbed In It's powers property
or rights, except those directly and specifically
concerned. II this particular school corporation
was abolished by the act creating the District
government By Implication, as It certainly was
public corporations IN the District were dissolved
at the time since no distinction nor exception was
expressed. Yet that is not true, as VIII Be seen
which has been recognized rs still existing since
the District government went into effect BY re-
organic act. the expression, ali ofiees connect.
ed with the Levy Court is doubtless used rs
synonymous with the expression "ofnees Of said
corporations" used in the context, the variation
Of expression being necessary, because in one case
the concrete term, Levy Court, y is used, and in
the other case the abstract term, corporation"
were abolished. An Interpretation Of those ex-
pressiOns which should embrace all Offices under
the Jurisdiction Of those corporations, however
stance, the teachers Of the public schools weuld
be included; yet no one ever contended that their
Oucet became VACANT On the Isl gay OF unet hi.
How the District Legislature or the Governor
Of the District viewed this matter or acted con-
corning it affords no legal proof Their acts were
somewhat inconsistent The Legislature consid-
cred the Offices vacant, but that the corporation
still continued and in the act Of June 1sTl pro-
vided for the appointment of temporary "commls-
giOners Of public schools Of the county, and the
Governor SO commissioned the appointees. After
ward in the act Of August n, 1s71, the Legisla-
ture provided for the same number, and for the
same county districts but called the board sirius
tees !" and In all subsequent acts Of the Legsla-
ture and Of the Governor Of the District this cor
pOrate body governing the county schools was rec
ogniEed as in existence, and the greater part OF
the county school property now owned has been
acquired by the trustees and decided directly to
them. One school-house and lot also have since
been sold, the deed having been executed By the
trustees in their corporate capacity. The trus-
tees have acted advisedly IN the matter, and hsYe
the legal opinion Of the nttOrney Of the District
At the time that the corporate body still existed,
and that the trustees were bound by the bylaws
Of the old commissioners until repealed By the
new.
Very respectfully submitted.
]. S. BRowE
President Board Of County School Trustees.