National Republican. (Washington City (D.C.)) 1872-1888, 1875-10-04
CoLoRED SCHOOLS.
The Powers Of the Late Board Of Trustees for
Colorsd Schools in Relation to the Purchase
Of Snhaol sites

Colored Schools in Relation to the Purchase
Of School Sites.
In the second section Of the act OF May q,
1862, II Statues-at-Large, folio 407, under which
the first public schools for colored children In. the
cities Of Washington and Georgetown, ID. o.,
were organized, occurs the following words de-
fning the duties of the trustees: "And 1t is made
their duty to provide suitable rooms and teachers
for such number OF schools as, in their opinion,
will best accommodate the colored children in the
various portions of said cities"
In determining as to the means to be used by
the trustees In making the provision therein re-
quired Of them, much will depend upon the mean
ing to be attached to the word provide, and from
the connection In which It stands in this case none
other than the broadcast scope can be given It, as
II any limit was contemplated In the exercise Of
Inc dT1y 10 PfOv,os s 81
been selected. To provide, means to get, to sup
ply, to furnish, to procure No limit in its exer-
else is contemplated except in the capacity and
means Of the agent to act, and the wants OF the
subjects Of the trust. Had Congress intended to
Uses, is 1t not certain that the word lease hire
would have been used instead Of one SO broad and
comprehensive as "provide," which includes
curing the occupancy and control Of the needed
accom- modations2
Again, 10 is q rule with scarcely an exception
that parties who make a contract, and then BY
their acts give il full and exhaustive construc-
tOD, fix its meaning so indelibly that It binds all
struction. So of legislation, where the same au-
thority that has enacted q law subsequently d.
effect give construction to IT, that construction
is conclusvely the law and admits Of no question.
Let us see If this rule has any application In this
case. By reference to volume IA, Statutes at
Large, folio 343, 1t will be seen that Congress d.
rected, by act Of July 2s, 1896, the Commissioner
of Public Buildings deed to the trustees of COL
ored schools certain lots then used for schools for
colored children, shortly after which the deeds
fa mi therehy IL n aStah
lished beyond all question that this board was en-
tirely competent TO hold the title TO real estate
sary, sin their opinion" for the accommodation Of
colored schools under their jurisdictionF
Again, much has been said about the status OF
these trustees that appears unnecessary in view Of
the terms Of the acts under which they were
organized. The language Of the act OF July IL,
the full board, says "WhO are hereby created
board of trustees of the schools for colored chill
dren in the cities aforesaid;" thus fixing the char
acter Of quasi corporation upon it, and clothing
IL with the attributes OF selfprotection while dis
charging all the functions assigned 1t by the law,
piacps Il where no hand could lawfully destroy
Its identity and being, except the power that
created 1t: Hence the conclusion is reached that
board was simply usurpation that should have
been resisted in the courts by all the colored peo
pie Of the District OF Columbia, uniting as one
man, and demanding that the law providing for |
its perpetuation should be carried out.
The relations Of the Commissioners Of the Dis |
trict of Columbia to this board are neither other
nor different than that existing between It and /
the executive that preceded them, and 1t is their
duty now TO make the same appointments that K
the Governor would have made had not our /
form Of government been changed, and to place /
"the board of trustees Of the schools for colored
children OF the cities of Washington and George
town" lust where their entrance upon duty as Com
missioners of the District Of Columbia found It. L
The power to abolish Offices" to consolidate /
two or more Offices" and to reduce the number Il
of employees" confers no right to ignore corpor-
atoms and governments created by special or /
even general law. As well might It be contended /
that their power extended to the abolition Of the
fire deps rtment the board of trustees Of public
schools, because they have the power to reduce
their number.
The trustees Of colored schools, under the act /
of Congress, are board independent of the board /
OF trustees Of public schools, with no connection
whatever In law, and the duty Of the Commission
ers was to perpetuate that board under the
power given them to make appointments to any
cfhce authorized by law" and not to destroy and
uproot II. q.