Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-06-24
CITY AND DISTRICT.
DOES THE LAW REQUIRE THE
SCHOOL SUPERINTENDENT TO
BE A RESIDENT:
Authorities Cited in the Affirmative.

Authorities Cited in the Affirmative.
To the Editor of THE EVENING STAR:
The following is a statement of law and fact,
on which was based my communication to THE
STAR calling attention to the law requiring the
superintendent of public schools to be a resi-
dent OF the District of Columbia. Since then
the attorney for the District has given his opin-
lon that the said law of August II, 1871, has
been repealed or superseded by the act of Con-
gress of June IL, 1873. 1t will be seen that the
Attorney General OF the United states and Mr.
Attorney Riddle have come TO exactly opposite
conclusions in the matter
In 1871 Congress repealed" the charters of
the cities of Washington and Georgetown and
abolished the levy court of the county, and
all tine offices of said corporations and court.
(Act of February II, 1871
BY the same act Congress created one govern
ment for the whole District. and vested The
legislative powers conferred upon that govern
the duty of the assembly ''to provide by law
for the election or appointment of such minis
execution of this duty, so imposed by Con-
gress, the legislative assembly enacted the
laws of August II, ISL, and of August
%, 1871, creating offices for the Dis
trict government, and among the offices
created by the law of August DIST was
"One superintendent of public schools for. and
resident OF, that part OF the District of Column
bia known as the City OF Washington" The
appointees to offices created by this act WERE
their offices for the period OF two years, and
until their successors should be appointed and
"That no person shall be appointed TO perform
the duties of any OF the offices herein created,
unless he be a resident of, and shall have eXer-
cised the right of suffrage in, the District OF
Columbia"
Among the offices created or recognized by
the law of August Esd was a superintendent
of schools for, and a resident of, the county OF
Washington" and a superintendent of public
ehools for the city of Georgetown"
i- "A
hese offices, and there is no provision creating
he office OF school superintendent for George
alzed, because in ai~>ler section OF the statute
ssalary is designated fG>>>uch office. But the
sffice of school superintendeTr>-Sr the county is
treated by this statute and the aS>>>Dintee is re-
luired TO be resident of the county. The gov
srnOr OF the District practically consolidated
these three offices by placing the superintendent
of the Washington public schools in charge OF
the Georgetown schools at the beginning. and
also after one year. in charge Of the county
schools, thus uniting all in one person; the
perintendent's salary was increased to compen-
safe for this Increased labor imposed upon him.
and after the first year the legislative assembly
appropriated for the salary OF this one superin-
tendent.
SO the law and tact stood under the old Dis
trict government.
Congress next. June 30. 1874, established
commissioners government for the District and
repealed "aii provisions of law providing for an
executive, for secretary for the District, Tor 1;
legislative assembly. for q board OF public
works. and for delegate in Congress-" This
commissioner government was empowered to
exercise all the power and authority now law
fully vested in the governor or board OF public
works OF said district except as hereinafter linn
tied; and shall be subject To all the restrictions
and limitations now imposed by law on said
governor or board"
'Said commissioners are hereby authorized to
abolished any office, to consolidate two more
Offices. reduce the number of employees, remove
office authorized by law.
1t Will be noticed that no power is conferred
upon the commissioners to change or dispense
nor to create any new office.
In pursuance of this authority. the commits
sioners, June ~, 1875, made the following
order:
s.Ordered- That the offices of one superinten-
pent OF public schools for Washington city. one
superintendent of public schools for the county
o. Washington and one superintendent of pub
lie schools for the city OF Georgetown be, and
they are hereby, consolidated under the title OF
superintendent of public schools"
This formally consolidated office was simply
continuation of the office as previously eS-
tablished by the territorial government, with a
like salary, and is the one which the present
Commissioners have undertaken to fill by a
nonresident, The three offices were not abOl-
fshed, but consolidated" Before this sanction
OF the original consolidation, ii is evident that
t no person was eliaibe to the Office of superin-
county, unless he was resident, and this final
oct of consolidation could not change the con-
ditiOn.
Next, Congress, by the act of June IL 1873
providing permanent form of govern nlent for
the District of Columbia, declares 'saidDistrict
therein shall be subject to the following proyi-
siOns for the government ofthe same, and also
10 any existing laws applicable thereto not
hereby repealed or inconsistent with the proyi-
slonS of this act and all laws now in
force relating TO the District of Columbia not in
consistent with the provisions of this act shall
remain in full force and effect
The law requiring residence in the District for
The appOintee of superintendent of public
schools was not repealed by this act and being
an ''eXstng law" and not Inconsistent with
the provisions" of the said act remains ain fun
force and effect The law of the legislative
assembly of August 21st, 1871, by which the
qualifications of residence is required for the
superintendent of public schools has since the
passage of the act of June 11th, 1878, establish
Ing the present government of the District
been pronounced TO be still in force by the At
torney General of the United States i'm an opin-
lon rendered in a matter pertaining to the ap-
continent to offices created By that law-1G
Opinions of the Attorney General. y. 49,
The organic act of June IL. 1873, in full har-
mony with the provision of that law To resi-
dence qualification, extends the requirement
OF residence in the District as i, qualification
not only TO the new office of Commissioners OF
the District appointed from civil life, but also
to the newly-created board of trustees of public
schools established by that act, and. of course
could not have intended in any way TO remove
that qualification as to offices already created
The conclusion therefore, is inevitable that
the law still requires the superintendent of pub
lie schools to be resident of the District OF Co
lumbla CITIZEN.