National Republican., 1875-07-28

MEETING OF THE BOARD OF TRUSTEES
THElRP0WER 10 fRECT BUILDINGS
ADVERSE OPINION OF ATTORNEY STANTON
Lengthy Criticism by the Board
Their Review end :Critieism Of HI,
Opinfon-They Quote Law Back at
the 0hieial-An Appeal 10 the
Commissioners -Transac.
tion OF Routine Busi.
ness
There wss an adjourned meeting Of the Board
Of School Trustees Last evening; J. Sullivan
Brown occupied the chair, in the absence Of Mr..
Curtis There were present Trustees Champlin,
Hart, Detrick, French, Mofstt, Brown, Packard,
Smith, johnson, Ryder, Randolph and Brooks.
Superintt ndent Wilson submitted the applIca-
tion Of Miss Cornelis Jones, Of Georgetown, D.
O., for o position as teacher.
Superintendent Wilson also presented the fol.
lowing; which was laid over until the next meet
ing:
OFFICE SUPERINTENDENT PUBLIC SCHOOLS,
FRANKLN BUILDING,
TO the BO@ra ~ TaISs:. p aSie siaiS eodss 1
GENTLEMEN: beg leave to recommend that o
make ali necessary arrangements for a proper Or
educational representation Of this city at the ap-
preaching Centennial Exposition to be held In
Very respectfully J. oRxosD WILSON,
Trustee Moratt. Of the Fifth district, presented
the foll0Winor nharas r,la In
that district; which were confirmed BY the board:
TEACHERS IN FIFTH DISTRICT.
Male Grammar, Bernard T. Janney; Female
Grammar, Laura A. Reed; Male intermediate,
Mrs. Mrs Mary Jane Bales; Secondary No. 1E !, Eliza,
beth Dadnum; No. 2, Florence B. Sullivan; No.
3, Laura v. Blundon; No. 4, Emma L. Cooley,
Josephine Good; No. 8, Angelica T. Houghton;
No. l. Mary J. Gardiner; No. s, Kate E. Little;
No; 3, Kate Rsyourn; No. 7, Kate A. Wilson; No.
Trustee Hart presented the nomination Of Miss
Annie NJ. Wilson as acting teacher Of Primary
No. 10, First district, which was confirmed by the
board.
The following applications, presented by Trus.
tee johnson, for teachers places in the colored
tendenf COOK: From Misses Anna N. Lane, J. e,
B. White, Mary 1. BessOn, Fannie z. T Bradford lord
A NUMBER Of bills we're approved, amounting in
Trustee Brooks, from the special committee
appointed by the board 70 consult with the DIS
trict Commif sioners In reference to purchasing q
site for school for the colored children of the
the Attorney for the District had Submitted In
reference TO the question to the Commissioners.
OPINION OF Mr. STANTON.
OFFICE OF THE ATTORNEY D. c.,
July 20, 1875. 3
SIR: return herewith the papers relating 20
the inquiry recently made Of me BY you as to
the authority to buy sites for c)lored schools.
Where particular officers Of municipal corpo-
ration have the power to buy real estate for the
uses Of the municipality 1t must be by virtue Of
special authority for that purpose.
In my opinion the power to purchsseresl estate
in the name Of the District Of Columbia is not
sites. In :the papers which are referred TO me
the suggestion was made that the trustees Of pub
ls schools have the authority to purchase real
estate as sites ( colored schools Section 27p,
statutes of the District REFERS to the
purchase Of sites for school houses outside Of and
not within Washington and Georgetown.
1t is q question how far the power to purchase
sites in the county has been exhausted. No
where, however, Is the power specifically given
to the Board Of Trustees to purchase sites for
schools in Washington and Georgetown.
In my judgment the trustees do not possess that
authority. BY law certain proportion Of all
moneys received or expended for school or educs-
tionsf purposes In Washington and Georgetown
Is set apart for the purpose Of '-.-
ESTABLISHING AND SUSTAINING
public schools for the education Of colored chill.
dren. This fund for the maintenance Of colersd
schools cannot be diverted. But the power to dis
pose Of q fund Of money for certain purposes does
not necessarily imply the power to purchase real
Of Public Schools which now exists Is the ssme
as respects both the schools for colored children
and other public schools, and It seems TO be sd-
to purchase sites for the latter in Washington
and Georgetown.
The special grant Of power which only can au-
thorIZe any officer Of the District to bind the
District by contract for the purchase Of real
estate for school sites In Washington and George
town is not conferred by law upon either the Oom-
missoners Of the District the trustees of public
schools.
Very respectfully, EDWIN L. STANTON,
Attorney ID. y.
Copy: WIN. TINDALL, Secretary.
REPORT OF COMMITTEE ...|
Trustee Brooks further reported as follows:
To The Boa-d % Trustees ~ Public Schools IL 'iG Gaa
Your special committee TO whom was referred
the inolOsed preamble and resolution ----
school % IN sSs Sscand asI proper RE-
trict Of Washington city for colored children,
and the rented barrack building being totally
whereas, by act Of Congress the board Of trus.
tees are given the control of all the funds for the
support Of schools for colored children; therefore
consist Of two members Of this board and the su.
perintendent Of cOlGred schc olS of Washington
and Georgetown, to consult with the honorable
Commissioners and make all necessary arrange.
ments for the securing Of site and suitable plans
for school building 10 be erected In said Second
district and report TO this board at Its next meet
has to report that they submitted the same with
written communication to the honorable Com-
the papers were by them handed to Hon. Z. ID.
stanton, the attorney Of the District Of Columbia
with the Enquiry as to whether they (the Com
missioners OF the District of Oolumbia) have the
authority TO buy sites for colored schools" That
officer replies that sin my (Stanton's) opinion |
the power to purchase real estate in the District
Of Columbia is not vested in the Commissioners
10 respect TO school sites" Your committee agree
fully with Mr.. Stanton that the COMMISSIONER
name Of the District Of Columbia for schools M t6 io9
Georgetown. |
Mr.. stanton in his opinion also says: "The tug. |
gestion was made that the trustees Of pubic |
schools have authority to purchase real estate as
sites for colored schools and quotes section 27s
lumbia, as referring to sites outside Of |
and not within Washington and Georgetown.
y Is question how far the power to purchase |
however, is the power specifically given to the |
board Of trustees to purchase sites for schools In
ment the trustees do pct possess thai lug
The section quoted (279 Of the Consolidated Stat
utes Of the District Of Columbia) has no bearing,
lion It refers entirely to the public Schools out
side of the limits Of the two cities Your commit
Zee diners from mr.. Stantons conclusion th At the
power is nowhere specifically given the trustees /
. purchase sites for schools in Washington and /
Georgetown. As the 80
LEGAL SUCCESSORS
70 the late Board Of Trustees of CoIored Schools
d Washington and Georgetown this board has /
ne right to purchase sites FOR these schools with
he funds placed by law to their credit, and under
heir sole control. Section 309, Consolidated Stat
ltes OF the District of Columbia, says: "The board
If trustees Of schools for colored children shall
have sole control Of the fund arising under the Il
provisions Of section 306 as we'll as from contrbu
ions by persons disposed to aid in the education
" the colored race, or fro n any other Sources" Il
md section $40 says SIT is made the duty OF the
.rnstees TO provide suitable rooms and teachers
or such number OF schools in Washington and
Georgetown as In their opinion will best accom-
nodate the eolored children In the various por-
ions Of said cities" Section 81 says: "the
board OF trustees Of schools for colored children
hall possess all the powers exercise the same
choos provided for in this chapter fer the educa-
ion Of colored children in Washington and
} Georgetown as are exercised over the public |
chools In said cities, by the trustees thereof by
irtue Of the laws and ordinances in force In said
titles respectively" Congress by the act Of July |
s. 1866, fully recognised the power of the board |
o nold real estate by directing the Commissioner |
Z Public Buildings ITO grant and convey to the
rustees Of
coLoRKD SCHOOLS
or the cities Of Washington and Georgetown, for |
ne sole use Of schools for colored children in said
district Of Columbia, all right, title and interest
the United states In and to lots numbered !, 2