Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-09-24
THE CoLORED PUBLIC SCHOOLS
The Trustees No Right 60 Buy Real
Eat1te.
ROVER OF the Dir trfct Com missi one r.,
Over the Trustees
Opinion Of Attorney Il L. stanton.


citizens TO the District Comm a ss,oners. re-
spectirg the colorrd schools, referTcd In him
by said Commissioners, VII n Ia. reo,es, 10
answer certain interrogat nnS IN coIneotinn
herewith, has been rec aved nv thep, To
tne G nrst question as 10 hetscr the Trustees
OF Coiored Schools md the power 10 pur-
chase sites for school nouses or real estate
for any purpose, while in their separate mr.
ganizatioos and oefor. the consolidation OF
states that the first statute relating to the
establishment of cclored schools in the Dis
trict, that Of May 2fst, 1852. mace Ii the duty
OF the municipal authorities Of Washington
and Georgetown to set apart Zen per cent. of
amount received for taxes on property owned
by PERSONS of color for the purpose OF initia-
children. The second SECTION provides That
the BCarsis OF Trustees of Public Schools
stIall have control OF that fund, To be kept as
q fund distinct from the general school fund
70 provide suitable rooms and teachers"
The third section gave to said board the
same power and supervision over tlaSe
schools for cOlored children as were exercised
by that board over the previously existing
public schools by virtue OF the la VS. and orr
FINANCES then in force. The determinatiOl
OF tne question as TO whether the law gave
the trustees the power TO purchase sites fer
schools or real estate, has an important
bearing upon the answer to the inuuiry r
specting the power of the Board of Trustee,
lor Cotored Schools, which was afterwar,
created. The power tn purchase real eSta e
for colored schools was not given by the
third section, for that gives the board, as re-
kpects cOlored schools. only the same powers
and functions which they already possessed
In respect TO public schools for white chill
dren. But the Board of Trustees for Public
Schools did not then, nor does it now, possee
The power To purchase sites for school houses
for white children, except in special instances
In which the authority was given by legisla-
{ on.
The second section OF the act ted gave to
the trustees "sole CONTROL of the school fund
Tor the education of colOrei children to be
kG N q Co. s.Nfo
drawn from the latter part of this section
Congress did not intend TO invest the board
with general power of purchasing real es-
tate, but OF providing rooms. Sole
control of fund given to an individual or
committee or board does not invest the donee
with authority TO buy and hold the title to
posed that such an enactment gives to the
ofncial or boa.d named the power of buyiug
and holding real estate, taking the title
Inereto IN their own name or that of the
Cn1tec states. Persons capable of receiving
grant OF land are either natural persons or
corporations. This board was not a CORPORA
Ion; and under the act it must be held that
the Boards of Trustees of Public Schools of
Washington and Georgetown were not vest
ed with the power TO take a grant of land
The next statute upon the subject is that of
July llth, 1867 BY this the powers given by
the act of May 21st 1862, were transferred IN
Daniel Breed, s. j. Bowen, and Zeuas G.
Robbins and their successors in office who
were created a beard OF trustees of schools
for colored children; the term of office pre-
scrlOed and authority to fill vacancies given
TO the Secretary of the Interior. This law
uoes NOT given any additional powers. 1t
operates merely as transfer of authority.
Ibe act of July 18th, 1862, did not CONSTITUTES
the Board OF Trustees of Colored Schools a
corporation with general corporate powers
incident TO such corporation. Our laws
are full of instances of persons clothed with
corporate powers for certain special and ex
pressed purposes, but having in no other
respect the capacities incident TO a CORPORA
ton. See jackson VS.. Hartwell, 8th John
The next statute is section IS, act of Con.
gress OF June 18th, 1864, which increased the
fund of ten per cent by repeating the pro-
vision of the act of May 81, 1862 and setting
apart from the whole fund received from ali
sources for purposes of education such a pro-
portlonate part as the number of colored
children between the ages of 6 aud II wears
pears 10 the whole number Of such children
This operates merely to provide a larger fnnd
Tor the education of cOlOred children and
does not change the powers of the trustees.
,ss Neal h comes the act OF Congress of July %,
OF June 20, 1864, shall be so construed as tn
require payment to the Trustees of Public
SCHOOLS OF part OF all moneys received or ex-
pended for school purposes in Washington
ana homegrown, including the cost of sites
buildings, improvements, furniture and
DOCKS, and all other expenditures on account
OF puol1c schools, In the proportion indicated
In The former enactment; that the money
shall become payable TO said trustees on the
Isl day OF october OF each year, and If not
then paid over shall bear ten per cent Interest
per annum, and be recoverable by the TINS
tees In an action OF debt against the said
cities. SO far as the authority of
the trustees is concerned, the act of July q.
1866, only adds to their former powers tbS
right TO maintain an action of debt as stated
As respects this addition of the right 10 sue
~ is pertinent 10 state that in England
church waldens my take goods and bring
actions OF trespass, brt a fOeffment to them
would De void, Tor they have no capacity for
such purpose. Other examples are cited.
Inc only remaining statute is the act of
March 8, 1913, which changes the organiza-
ton OF the board into a board of nine trus-
ices 10 be appointed by the governor pre-
scri6es the term OF office and provides for a
and treasurer, TO the latter of
whom the proportions Of school money
already liked is made payable but has no
bearing upon the question of the power Of
fence or absence OF that authority is left ia |
depend upon the anterior statutes already
cited, and especially the act of May 2lst, |
1862. II is said that former boards Of rms
tees for cOlored schools have actually nnr-
chased real estate and taken conveyances To
themselves as trustees, and that school |
t5ns h nave 6een erected upon the ground
ton OF construction of the statutes upon
the subject, nor is incapacity of the |
trustees to purchase real estatss tne
property which has been thus bought and ON
which valuable improvements have been
efecIeu requiring legislation Tn correct -
=. To the first inquiry Mr.. Stanton an
swers that In my opinion the Trustees Of
Public Schools had not the power TO pur-
chase sites for school houses or real estate
Tor any purpose while In their separate or
ganlZation and before the consolidation nv
The Commissioners of the District of Column
61a or the several boards of school trustees.
As 10 the statement that this construction
OF the enactments denies to many cOlored
children school privileges; the trustees of
pubic SCHOOLS are also without general an
thortty 10 purchase sites for schools for while
children. Sites are needed for both white
and colored children, and in the one case as
I'm theOther, Legislative authority Is reouired'
but In the meanwhile property NAV be
rented 10 provide school accommodations.
The construction OF existing laws does not
discriminate unfairly, nor does It involve
the disastrous consequences imputed to ft,
The second question is, "If they had this
power, was IL effected by the consolidation.
or did IL devolve on the Consolidated boariP''
Answer is rendered unnecessary by the re-
Spouse to the first one.
The third inquiry is, "If the action of the
commissioners consolidated the several
ooards were rescind ed and a separate board
appointed for the colored schools would such
board De clothed with all the powers which
belonged 70 The original separate board for
colored schoolS?" To this the answer is made
mat III the commit ssi0r roscina thog- -