National Republican. (Washington City (D.C.)) 1872-1888, 1875-09-25

school boards" Mr.. Stanton states that the first
statute relating to the establishment Of colored
schools In the District, that Of May q, 1852, made
It the duty Of the municipal auth critics Of Wash
ington and Georgetown to set apart ten per cent
Of amount received for taxes on property owned
BY persons Of color for the purpose initiating
system Of primary schools for colored children
Thesecond section provides shat the Boards Of
Trustees Of Public Schools shall have control Of
that fund be kept funG distinct from the gen.
eral school fund, to provide suitable rooms and
teachers"
The third section gave to said board the same
power and supervision over these schools for oil
ored children were exercised by that board over
the previously existing public schools by virtue Of
the laws and ordinances then in force. The de-
termination Of the question as to whether the law
gave the trustees the power to purchase sites for
schools or real estate, has an important bearing
upon the answer to the inquiry respecting the
Schools, which was Afterwards created. The
power to purchase real estate for solored schools
was not given by the third section, for that gives
same powers and functions which they already
possessed In respect to public schools for white
children. But the Board Of Trustees for Public
Schools did not then, nor does 1t now, possess the
power to purchase sites for schoolhouses for
white children, except In special instances IN
re ~ Ss ~ 70
trustees sole control" Of the school fund for the
education Of colored children, to be kept distinct,
latter part Of this section, Concrsss did not in.
tend to invest the board with Q general power Of
purchasing real estate, but Of providing rooms.
yidual or committee or board does not invest the
donee with authority to buy and hold the title to
real estate. 1t has never before been supposed
that such an enactment gives TO the official or
board named the power Of buying and holding
real estate, taking the title thereto in their own
name or that of the United States. Persons ca
Dable of recafyuQ n of land either
raj persons or corporations This board was not
a corporation, and under the act It must be held
that the Boards Of Trustees Of Public Schools of
Washington and Georgetown were not vested
with the power to take grant OF land.
The next statute upon the subject Is that OF
July II, 1862 By this the powers given by the act
of May a. 1852, were transferred to Daniel Breed,
S. ]. Bowen and Zenas q. Robbins and their sue
tSs Sl
office prescribed and authority to I'LL vacancies
given to the Secretary Of the Interior. This law
merely as a transfer Of authority. The act of
July II, 1862, did not constitute the Board Of Trus
tees Of Colored Schools corporation with gene
laws full Of instances OF persons clothed with
corporate powers for certain special and expressed
purposes but having in no other respect the capac
tiles incident TO a corporation. (See Jackson vs..
Hartwell, johnson, p. AS
The next statute is section Is, act of Congress
per cent. by repeating the provision OF the act of
May q, 1862, and setting apart from the whole
fund received from all sources for purposes Of
Der Of eoIored children between The ages Of and
II years bears to the whole number of such chill
dren in the cities Of Washington and Georgetown.
the education Of coiored children, and does mot
change the powers OF the trustees
Next comes the act Of Congress Of July %, 1855,
which directs that section IS Of the act Of June 90
1854, shall be so construed as to require payment
to the trustees Of public schools Of part Of all
moneys received or expended for social purposes
WaRhfnQton and (fa0rOAi0Wn fnaludinU ha
cost Of sites, buildings, improvements furniture
and books, and all other expenditures on account
the foImer enactment: that the money shall be.
come payable to the said trustees on the first day
Of October each year, and If not then paid over
shall bear ten per cent. interest per annum and be
recoverable BY the trustees in an action Of debt
against the said cities. So far as the author
ity Of the trustees is concerned the act OF July g.
1885, only adds to their former powers the right to
maintain an action Of debt as stated. As re-
spects this addition of the right to sue It is per-
tinent to state that in England church vardens
may take goods and bring actions Of trespass,
but q foeffment to them would be void. for they
have no capacity for such purpose. Other ex-
The only remaining statute Is the act of March
8, 1873, which changes the organization Of the
board into board Of nine trustees, to be ap-
ofice and provides for Q secretary and treasurer,
to the latter Of whom the proportions Of school
money already fxed is made payable, but has no
bearing upon the question Of the power Of the
trustees TO hold real estate. The existence or
absence Of that authority is left to depend upon
the anterior statutes already cited and especially
boards Of trustees for colored schools have actu-
ally purchased real estate and taken conveysnces
to themselves ss trustees, and that school build
bought This does not affect the question Of con-
structon Of the statutes upon the subject, nor Is
the only trouble as to the title Of some Of the
property which has been thss bought, and on
which valuable improvements have boon erected
first inquiry Mr.. Stanton answers "that in my
opinion the trustees Of public schools had not
the power to purchase sites for public school
their separate org animation, and before their con-
solidaion by the Commissioners Of the District
OF Columbia Of the several boards of school
trustees. As to the statement that this con-
struction Of the enRctments denies to many col
ored children school privileges, the trustees Of
public schools are also without general authority
TO purchase sites for schools for white children.
Sites are needed for both white and colored
children, and in the one case, as in the other,
legislative authority Is reGuised but IN the mean;
accommodations. The construction Of existing
laws does not discriminate unfairly nor does It In
The second question is: "If they had this power,
was IL effected by the consolidation, or did It
devolye on the consolidated board7' Answer is
rendered unnecessary by the response to the first
Tho third inquiry is: "If the action of the Com
missioners consolidating the several boards were
colored schools would such board be clothed with
all the powers which belonged TO the original
separate board for colored schools?" To this the
answer is made thatn the Commissioners rescind
their order and sppoint q separate board for COL
ored schools, that board VII possess the same
powers which belonged to the trustees provided
for by the act of March 8, 1873.
The fourth question is as follows: sis there any
legal way for the Commissioners or the Board OF
Trustees Of Public Schools, as now consolidated,
or If separated into distinct organisations to pur
chase sites for colored schools. and If So in whom
should the title be taken7" Legislative
Of the District or the Board Of School Trustees or
any separate board the power to purchase real
estate for school sites. As to the denial Of the
school boards, the act Of June 20, 1874, gave to
the Commissioners the power Of appointment and
removal previously possessed BY the Governor,
to consolidate two or more Offices, reduce the num-
Der Of employees, remove from office, and make
was lawful for the Commissioner under this
statute to adopt the measures set forth in their
order Of August 9, 1874, Consolidating the school
measure, promoted the usefulness Of all the
schools, &c, &C., are questions which the CON-
missioners are fully competent to form snoplnion.
Parents Meeting in the Second District.
The weekly meeting OF the parents, teachers
and school officers In the Second school district is
being productive Of great good. Aside from the
encouragement It gives to the pupils In knowing
that the parent - iOOklnR Rlter their ooucatlonhl
interest, It has q tendency to draw the teacher
and parent closer together, thereby efecting that
which Is Indispensable In successful education
perfect harmony between parent and teacher.
The meeting last night ct the John T. Cook school
building was composed mainly ofparents having
children In the higher grades, many Of whom are,
In order to keep their children In schools, COM
PEELED to make great personal sacrifices; but the
fact that they had been debarred from enjoying
tie advantages OF education makes them the
more ready TO subject themselves to inconvenience
and hardship in order to have their children edu-
Gated. $50
The ladies connected with the John F. Cook
building were present, and opened the meeting
Chew presiding at the plano, after which Trustee
johnson proceeded to address those present BY
first thanking them for their presence, AFTER
which he read the rules and regulations govern
ing the colored public schools, and explained their
application. Trustee johnson reviewed the school
system for colored children since its organization,
and commented severely upon the recent decision
Of the District Attorney, (Mr. Stanton,) remark
ing that II the premises assumed In that docu-
ment were correct, that It was impossible for the
colored people Of Washington and GEORGETOWN to
have permanent school system. They vould
be compelled, he said, to have their log cabins
on wheels, in order, TO be In condition to move
them when compelled to do so through prejudice
renting buildings 20 educate colored children but
who resort to all kinds Of meanness in annoying
those who attend places selected for that purpose.
Trustee johnson said It was his intention TO In
still into the minds Of those attending the public
schools o spirit Of school ipride, so as to make