Evening star. [volume] (Washington, D.C.) 1854-1972, 1886-01-16

AND NORTHUMBERLAND CARE AND
MANAGEMENT MEANS.
"Have you any objection" asked STAR re-
porter OF Gen. William Birney, school trustee,
"to informing IKE STAR what you think of the
letter of the Commissioners on the powers fthe
school trustees?'
Answer. None. There are two sides to the
question and both should be heard. The argu-
ment of the Commissioners has been published
in the city papers, If the trustees have any
answer now is the time for them to make it.
q. What is the issue between the parties?
A. Stripping it of all antiquities the Commits.
siOners claim the right to deprive the trustees
of the power to appoint about $50 teachers and
janitors. The trustees deny the claim.
@. Who has appointed these officials hereto
fore?
A. The trustees. They have exercised this
power since the beginning of the free pub lie
school system, or for nearly half q century. And
without question no mayor, council, levy court,
governor or board of commissioners, believe,
has ever made such appointments. The present
attempt Oi the Commissioners is a coup d etat.
notP
A. The management has been in the hands of
human beings, and, of course, imperfect. 1t has
been better, however, than that OF any depart
markable feature, one most creditable to the
board and Congressman and other officials, is
that in capital full OF office seekers and office
givers ii has been kept almost wholly free from
political influence 1t is in most of its features
one of the best illustrations Of the best prfnci-
pies OF the civil service system. know of no
CO Sc in which a Congressman has smuggled a
favOrite a dependant into the corps The
normal school and the examinations have kept
the teaching qualifications at a good standard,
and the janitors have been chosen for their
practical skill in taking care of the school rooms
The trustees have committed faults in this and
in other things, but the wisdom and success of
their general course is unquestiOnable.
a DANGEROUS REVOLUTION.
@. Could not the Commissioners pursue the
same course?
A. It is possible, barely possible. They are In
constant need of the cooperation in District
business of public men, who, in their turn, are
under pressure OF office seekers. Under the as
sumption of patronage by the Commissioners
the tendency of the school system would he to
Seek the lower level OF the District building
cler<sLips. Influence" would gradually get
tine better of examinations and normal train
Ing; and. in few years. We might have our
children taught by cousins, dependents, needy
nephews and strikers of politicians, instead
OF by competent professional teachers. This
tendency would be combatted by our present
Commissioners, concede; but in the long
il would be stronger than they or their success
sors. Indeed, the more it is thought of. the
in school matters threatened by the Commits
sioners. The seizure by them OF the patronage
OF the $50 school offices is likely to injure the
schools more than any act the trustees have
ever done.
Q. But the act of the school board In organ
izing at the beginning OF the year more schools
than the appropriation would pay for, without
reducing teachers salaries, was that a bad one?
A. Yes. 1t was. have never offered an ex-
cuse for IL. There was q paliatiOn, however, in
the large excess of children who desired to
enter. But the board had no right to organize
schools in excess of those legally provided for.
Ii deserved the rebuke given by the Commits
sioneIs in their letter. But the fault had already
been repented of, and would never have been
repeated. Let me add, that it probably would
m a p bQpu committed if tine Com mi SSin
eTs had always strictly forbidden the creation
of deficiencies. Had they: Will they please
they mad Il right to fling their stone at our glass
house with SO much violence:
THE LEGAL POWERS OF THE TRUSTEES.
@. But is not their view of the statute of
June IL, 1873, correct?
A. In so far as they maintain that the stat
boards existing prior to and at that date and
vested them in the Commissioners, they are
correct. Also, in the proposition that the sta t
ute authorized them to delegate powers and
duties to agents of their choice. But the stat
ute specifies certain powers and ''duties''
which the Commissioners cannot delegate to
any agents. except the nine trustees they are
commanded TO appoint. The language OF the
clause of the 9th section referred to is as
follows:
sad trustees shoN have the polrers and perform
the duties in relation to the and management of
the pC bic schools which authorized by law.
This clause Is clear. positive and mandatory.
Out of the general mass of powers and duties
previously vested in the Commissioners, it
carves specific ones and vests them in the
trustees. They are held by the school board,
not by concession of the Commissioners, but
by virtue of the statute. They cannot be di-
Unfinished In any point or particular by the
letter claims. that the Commits toners might
add TO them by employing the board as their
agent in other matters; the point is immateriaI
in this issue. The Interpretation of the clause
depends upon the definition of scare aud man
dgemeat of public schools, and the answer to
duet
to this care and management were 'authOriZed
by law" at the date of June IL, 1878? For
these are precisely the ones vested by the stat
ute in the school board.
Scare and management" as applied to
schools, is equivalent to ''charge and admins
The ianitor taxes care of ali thar tends to- the
physical comfort OF the pupils-warmth in
winter, GOODNESS in summer, ventilation at all
filling ink-weils, prompt glazing of broken win
dOws, punctual ringing OF bells and opening Of
doors, with convenient arrangements in play
rooms, DC. The teacher manages the school,
looking after its government, discipline studies,
Rotations and internal economy generally.
All care and management of the schools is eff
fected through the janitOr and teacher. If
the trustees control these officials, they have
the care and management, and not otherwise.
II the Com InissiOners control them, they have
it. The suggestion in the letter that the trus.
tees might visit the schools and 'criticise the
janitors and teachers, is hardly worth a serious
answer; any citizen might do that. If"criticisn'
were management the Commissioners would
have many masters. II the Commissioners
can invent any plan by which trustees can take
care and manage the schools without the inter-
ventiOn of janitOrS and teachers, they have
right to take out a patent for ii. At the date
OF June IL, 1873, among the powers and duties
OF school boards, and relating to ''care and
management of schools, the appointment of
teachers, &c Is always prominent.
In Webb's Digest, p. 800, find an ordinance
(1S5ol which provides for the appointment of a
board of school trustees, which 'shali have the
management of all the public schools in the city
of Washington" In a subsequent section, and
evidently TO define management, the board,
among other powers, is given "pOwer to appoint
all teachers assistant teachers and sub-assistant
teachers, which,, DC.
In section 279, Rer. Stat. d. c., defining the
powers of the county school board, find this:
ITO select, upon a thorough examination such
teachers as are competent" &c.
schools are empowered to provide suitable
rooms aud teachers, &c. And in section 81 1
they are given the same powers as are possessed
by the trustees OF the white schools.
A Georgetown ordinance of December 81
1912, empowers the trustees "tO provide for the
Keeping of said schools and to manage the same
for the public interest" Under this power they
always appointed both teachers and ianitors
Let me repeat that ever since there have been
public schools in Washington, Georgetown and
the county the "care and management" au-
thoriZed by law, has been understood and inter-
preted by law makers, trustees and the public
tors and teachers; and no local government has
ever appointed or claimed the right TO appoint
these officials. We have been running nearly
seven years, under the act of June II. 1878.
without any ones striking upon the startling
and revolutionary Interpretation adopted by
the Commissioners. 1t appears, then, that the
power OF the truestees TO appoint teachers is
based upon the meaning of the words "care and
management the text OF sundry ordinances
and statutes, contemporaneous and SUBSEQUENT
UNIFORM construction and the usage Of admins