The bee., 1883-01-13

the cOditication of the 18th section OF
the act of July Is, 1864, and act of
July %, 1866, says at shall be the
duty of the proper authorities of the
District to set apart each year from
the whole fund received from all
sources by such authorities applicable
to purposes of piblic education in
the cities of Washington and George
town, such proportionate parts of all
moneys received or expended for school
or education purpose In said cities, in
cluding the cost of sites, buildings, inn
provements, furniture and books, and
all other expenditures on account of
schools, as the colorcd children between
the ages of six and seventeen years, in
the respective cities, bear to the whole
number of children white and colored,
between the same ages, for the purpose
of establishing and sustaining public
schools in said cities for the education
of colored children"
In his opinion, Mr.. Stanton says:
"the powers Of the one board of trus-
tees of public schools are the same as
respects both the schools for colored
children and other public schools, and
it seems TO be admitted that the trus-
tees do not possess the power to pur-
chase sites for the latter in Washing
ton and Georgetown.
Your committee disagree IN toto in
this conclusion of Mr.. Stanton, and
unless the order of the commissioners
consolidating the boards wiped from
the statue-book all laws enacted in
reference to the public schools for
colored children in the cities of Wash
ingtOn and Georgetown, there is Il
marked difference in the powers of this
board over white and colcred schools
Of said cities. If Mr.. Stanton is cor
rect, then the order Of consolidation
greatly increases the powers over the
public (whitp) SChoCls, or it greatly
lesScnrd those over the schools for
colored children; for certainly prior to
the Order the powers of the two boards
widely differed; and your committee
would respectfully call the boards at
tentiun to sections 30S, 314. 3l5 and
3l6, and in fact from sections 294 to
319 of the consolidated statues of the
Dictrict of Columbia, to show beyond
doubt the powers of this board in be
half and over the colored schools in the
aforementioned cities. The plain
letter of the law shows it; Contempor-
aneous construction by all of the de-
partmentS of the local government and
the numerous official decisions of his
predecessors in Office show the powers
of the two former boards widely differ
ed. And your committee cannot but
look upon this declaration of the law
officer as fraught with great danger to
the further lawful exercise of the
powers vested in the trustees 10y Con-
grcss for the protection of the educa-
tional interests of the colorcd children.
Your committee do not agree with
Mr. Stanton in his conclusion, and SO
far as the "intcnt and meaning of the
laws" are concerned can personally
testify that the power to purchase
sites and erect buildings" was supposed
by both Congress and the trustees to
have been given, or remedial legislation
Your c6Imttee regret that there Is SO
decided 4 difference of opinion as exists
between the law officer and itself; but
his official declarations in the opinion
herewith submitted strikes ut the very
existence OF the schools for cOlCred
children. If, as he says, the board has
no greater power under the laws while
acting as trustees OF schools for colored
children than it has for other public
schools, then it has not the sole control
of the funds for the support of the
former, and the funds cannot be placed
to its credit and in the hands of the
Comptroller, acting as the treasurer of
the public cOiOred schools. The board
cannot establish and sustain as mauv
schools us in its opinion will best ac-
ComnOdate the colored children in the
various portions of these two cities.
Won by hard struggle, through many
trials and tribulation,i it is certainlypain-
full to those for whose protection they
were enated to see these Just laws 50
us to virtually repeal them, |
and dangerous line of preccdentS cs-
which in the hands of less |
friendly authorities, must succeed in
breaking them up. Your committee
in concluding this report, respectfully
submits:
l. That under the laws of Congress |
there is ample authority for the board
Of trustees to buy land and build school !
houses for the colored children in the
:itieS of Washington and Georgetown,
with the funds set apart by law for es-
ahlishing and maintaining schools for
'olored children in said cities.
:. No other body has the power to
,XPend this fund, or in any way con-
,rol it. and it is the duty of the au-
hcrities to pay over to the treasury of
his Board all amounts due to this fund.
md it is unlawful to retain it in the
reaSury Of the District of Columbia
rCdited to this fund and under the
control OF others not given the power
If control by law.
). The order of the Commissioners
the office of treasurer of
he Board of Trustees of Colored
schools, and transferring the duties to
he Comptroller of the District of
in no manner repealed the
avs defining the duties Of such treas
rer, and it is his duty to request pay
lent in behalf Of the Board and in ;
bedience t. law of all amounts due ,
his fund from the District of Column !
la.
4. That while we have every conf +
ence in the friendly disposition of the
resent authorities, it is clearly to the Il