The bee., 1883-01-13
COLORED SCHOOLS OF WASH
INGTON AND GEORGETOWN.
XIV


LEGAL RIGHTs OF THE CoLoRED
SCHOOLS ABLY DISCUSSED AND
MAINTAINED.
The BEE gives the correspondence
promised TO complete its history of
the Public Colored Schools for school
year l874-75.
Mr.. BROOKS reported as follows:
WAsn1NGToN, p. c., Jgtly. q, 1875.
To the Board IF Trustees Of Pub7ic
Schools ia and for the District Of Co
lumbid::
GENTLEMEN Your Special Com
mittee to whom was referred the in
closed preamble and resolution:
"Whereas there is not sufficient and
proper school accommodation in the
Second School District of Washington
City for colored children, and the rented
barrack building being totally unfit for
further use for school purposes; and
whereas, 10y act of Congress, the board
of trustees are given the control of all
the funds for the support of schools
for colored children; therefore,
"ReSolred, That committee be ap-
pointed, to consist of two members Of
this board, and the Superintendent of
colored schools of Washington and
Georgetown, to consult with the honor
able commissioners and make all ne
cessary arrangements for the securing
of a site and suitable plans for II school
building to be erected in said Second
district, and report to this board at
its next meeting"--haS to report that
they submitted the same with writ
ten communication to the honorable
commissioners Of the District of Co
lumbia, and that the papers were hy
them handed to Hon. f. L. Stanton,
the attorney Of the District of Column
bia, with the enquiry as to whether
they (the commissioners of the District
of Columbia) have the authority to
buy sites for colOrcd schools" That
officer replies that "in my Stanton's
opinion the power to purchase real e.
tate in the District of Columbia is not
vested in the commissioners in respect
to school sites" Your committee
agree fully with Mr.. Stanton that the
commissioners have not the authority
to buy real estate in the name of the
District of Columbia for schools for
colOred children in the cities of Wash
ington and Georgetown.
Mr.. Stanton, in his opinion, also says:
"Ihc suggestion was made that the
trustees of public schools have author
ity to purchase real estate as sites for
colored schools" and quotes section
279, 9,consolidated statutes of the District
of Columbia, as referring to sites out
side of and not within Washington and
Georgetown. 1t is a question: how far
the power to purchase sites in the
county has been exhausted. Nowhere,
however, is the epower specifically given
to the board of trustees to purchase
sites for schools in Washington and
Georgetown. In my his Judgment
the trustees do not possess that author
ity." The section quoted (279 of the
consolidated statutes of the District of
Columbia) has no bearing, in the opin-
ion of your committee, on this ques-
Zion: il refers entirely to the public
cities. Your committee differs from
Mr.. StantOn'S conclusion that the power
is nowhere specifically given the trus-
tees to purchase sites for schools in
Washington and Georgetown. As the
legal successors to the late board of
trustees of c0lored schools of Washing
ton and Georgetown this board has the
right to purchase sites for these schools
with the funds placed by law to their
credit and under their sole control.
Section 209, consolidated statutes of
the District of Columbia, says: "The
board of trustees of schools for coloret!
children shall have sole control of the /
fund arising under the provisions of
section 306, aS well as from contribu- !
tons 10y persons disposed to aid in the !
education Of the cOlOred race, or from !
any other sources" and section 80 |
says ''it is made the duty of the trus-
tees to provide suitable rooms and /
teachers for such a number of schools !
in Washington and Georgetown as in
their opinion will best accommodate
the colored children in the various pOr-
ions of said cities" Section 81
says: THE board of trustees of schools
Tor colored children shall possess all the
powers, exercise the same functions.
md have the same supervision over
he schools provided for in this chapter
or the education of colored children in
Washington and Georgetown Us are
over the public schools in said
titles, by the trustees thereof, bv virtue
If the laws and ordinances in force in
aid cities respectively" Congress hv
he act of July 2S. 1866, fully recog-
lizen the power of the board 10 hold
cal estate by directing the commis-
loner of public buildings "to grant and
onyey to the trustees of culored schools
OF the cities of Washington and
for the sole use of schools
or colored children in said District of
'oiumbia, all right, title and interest of ,
he United States in and to lots num- ,
cred |, 2 and Is, in square No. 9S5, in {
aid city of Washington"
No land or buildings were ever con-
eyed 10y the United States to the trus-
ees of the public (white) schools, but )
lways to the authorities of the two [
tiles for the use of the schools. The {
hole legislation of Congress from !
o62 to 1873, relative to the colored
,hOols in the cities of Washington 1
nd Georgetown, shows plainly that G
he leading purpose of that body was t
render the trustees independent of l
oal interference: so thev were given