National Republican. (Washington City (D.C.)) 1872-1888, 1875-08-12
coLoRHD SCHOOLS.

CULU6EU bChUULo' .....
The Rights Of Trustees to Purchase Sites
and Erect Buildings-Ths Opinion Of Hon.
Z. L. Stanton Reviewed by Mr.. Jerome A.
Johnson.
WARRINGTON, Aug. II, 1875.
70 tia Bdftor Of the National RspSblicdn:
SIR: The late opinion Of Hon. E. l. Stanton,
attorney Of the District of Columbia, denying the
power Of the trustees Of colored schools to pur-
chase certain real estate for educational purposes,
deserves passing notice, and particularly from
that class Of persons who interested in every
thing pertaining to the success Of these schools.
Mr. stanton says: "where particular officers Of
a municipal corporation have the power to buy
real estate for the uses Of the municipality 1t
must be by virtue of special authority for that
purpose" Sin my judgment, the trus-
tees do not possess that authority. By law GER
tain proportion Of all moneys received or ex-
pended for school or educational purposes In
Washington and Georgetown is set apart for the
purpose Of establishing and sustaining public
schools for the education Of colored children.
This fund for the maintenance of colored schools
cannot be diverted" "The power OF the one
board Of trustees OF public schools which now ex-
lists is the same respects both the schools for
coIored children and other public schools, and It
seems to be admitted that the trustees do not
possess the power TO purchase sites for the latter
In Washington or Georgetown"
The propositions within my mind to be consld-
cred, in connection with the opinion Of the law
officer Of the District, First. As to whether
the trustees of colored schools ever possessed
this 'spower?' Second. II so, have tney used IT.
Third. And do they still retain this.fpower," in
the absence OF specific Legislation l91Fing for Its
object repeal or modihcationAp44G The act
creating the board of trustees f1 tolored schools
and all subsequent Legislation Affecting the same,
conferred upon them and their successors the au-
thority necessary to enable them 70 perform tneir
my judgment, 1t would have been piece Of legis-
lstive folly to have created board of trustees for
power to fully carry out the purposes for which
they were created. No specific authority ts
necessary to enable the board Of trustees for col
ored schools to purchase real estate, not for
municipal, but for educational purposes, other
than they now enjoy. They are a separate board
ali matters pertaining to the schools under their
jurisdiction and management.
Purchasing real estate and erecting suitable
buildings thereon for school purposes is not by any
means q diversion of school funds" as the hon
orabls attorney seems to imply. The trustees Of
If may so term IL, so far as the management OF
their own schools was land is) concerned.
And this power" necessarily implied the author
educational purposes. 1t has never been denied
and numerous valuable buildings, erected by the
present board and their predecessors, will suo.
ever, that the "powersp rs do now exist are the
same; 1. e., the powers Of the Board Of Trustees
of Public Schools and the trustees Of colored
schools But If this be SO, fail to understand It.
Nothing, in my opinion short Of consolidation OF
these schools can adjust this power" And until
this be Done and In the absence Of specific legis-
latiop the trustees Of colored schools must retain
and enjoy the same power and authority over their
own school management e. shey nave heresotore;
upon the ground that the powers" Of the trus-
tees OF both schools are identical, and therefore
to make contracts Of this nature; consequently no
such authority can be conferred upon the trustees
Of eGOrsG All having any
be totally adverse to this opinion, unless It be that
the order OF the Commissioners, simply cousoli-
in fact wiped from the statute books all legsla-
ton affecting these schools.
No extended argument is necessary to sustain
the proposition that the powers" OF the trustees
Of white and colored schools were land are) diff
ferent. Greater powers" than those enjoyed by
the trustees of white schools were conferred by
were allowed to sue and be sued, to contract
debts, to employ the necessary corps OF instruct
operate their schools successfully; and, further,
to purchase and hold real estate and erect build
ings thereon whenever the educational interests
demanded It, taking care to see that their trust
should be faithfully performed and executed.
They still retain this power, and must continue to
system Of SEPARATE schools is coantenanced and
tolerated within the community. That the trus-
tees OF coored schools enjoyed, and still continue
those enjoyed by the trustees Of public schools
cannot be consistently denied, from the fact that
legislation made 1t manaatory upon the proper
proportional sums Of money from time to time 70
the trustees Of colored schools for educational
todisns and disbursers Of this fund. And the
wisdom Of this Legislation has never been ques-
toned; for IL was patent fact that such legisla
ton was necessarily occasioned on account Of the
hostile attitude OF the municipal authorities
manifested toward the schools at the time they
removed by it, and the authorities, from the pas
sage Of the act referred to, interposed further
objections to paying the proportionate sums Of
moneys due the trustees OF coored schools. They
(the trustees) uninterruptedly appropriated the
funds received from time to time for educational
purposes, and under this authority (Which has
necessary real estate and erected buildings
thereon.
of the trustees Of coored schools from the Depart
ment Of the Interior to the Governor Of the Dis
trict Of Columbia; providing for an increase Of said
SC, never contemplated an abridgment or cur
tsilment Of the powers so long enjoyed by them.
and who drew up the act, certainly did not con,
template such an aoridgment. OF this am per-
sonally cognizsnt. They, as the legal successors
They therefore stiil retain all powers that were
enjoyed by.their predecessors. II they have the
power to lease, rent or secure proper and suitable
the District upon contract, theycertainly possess
the power to purchase real estate and erect build
schools justify such an outlay. This power must
lodge somewhere. And If the honorable Commis-
sioners, as the proper representatives Of the Dis
trict, question and deny their own power In the
premises, then It must still remain in the trustees
Of colored schools. The power, III not specifically
granted by 30 many words in the legislation af-
tecting these schools Is duly implied In every act
bearing thereon. And upon this Implication many
comfortable and handsome structures have been
erected by the trustees, which has redounded to
their credit as men faithfully, honestly and EN-
GENTLY performing their trust. If II had been
otherwise, and the trustees denied the power to
provide suitable accommodations for children ell
gible to attend the schools, am confident that
remedial legislation would have been asked and
unhesitatinRly given by Congress. 1t is TO be
hoped that the honorable Commissioners will take
this matter again under consideration and give
us the benefit Of any doubts existing within their
minds as TO their power in the premises For I
can assure them that speak advisedly when
school privileges mainly on account of limited
unhealthy and unfit accommodations.
Respectfully submitted, i