Evening star. [volume] (Washington, D.C.) 1854-1972, 1886-02-13
CITY AND DISTRICT.

CITY AND DISTRICT
THE POWERS OF SCHOOL TRUSTEES
Mr.. Levejoy Holds that the Commits
si0ners' Position IL Illegal.
LETTER IN Favor OF THE PROPOSED NEW
SCHOOL BoARD-THE NEED OF SOME DECLA
RATION OF THE INTENTION OF CONGRESS
THE SCHOOL BOARD AN INDEPENDENT BODY
Accompanying the petition sent to Congress
in behalf Of the bill to create a school board OF
twenty-four members was q letter from Mr.. B.
g. Lovejoy, president Of the school board. re
spending To the request of DR.. Reyburn, chair.
man of the Committee of exschool trustees, for
his views on the bill. Mr.. Lovejoy, after stating
that the construction placed by the present
Commissioners Upon the present law demands
declaration from Congress Of its intentions,
goes on to say: Every one familiar with the
public school system of the United States will
perceive that the Commissioners have under.
taken TO deprive the school trusteeship of all
me incidents which belong to 1t elsewhere.
That deprived of these incidents IL presents the
paradox of a trust without confidence, which
cannot be acceptable to men of self-respect. The
general effect of the mmissioners action Is to
degrade the dignity OF the office of school trus-
tee by taking away the trust and responsibility
which makes IL honorable, and also the indie
pendent powers which a school board must pos
sess and exercise in order to accomplish desfra-
tendency
deprive both the Com issioners and the Dis
trict of the services of that class of citizens who
~ students of educational methods and as men
experienced In the management OF schooI al
hirs are willing to devote much time and at
IGNITION to public school interests, but who are
unwilling to assume duties without commensu-
rate powers and to become the mere agents of
the Commissioners. The position OF the Com
missioners is further impolitic, because it places
them in the dilemma of either assuming powers
never conferred on them by Congress, or of sud-
denly resuming powers which for the period OF
eight years they have permitted the school trus-
tees to exercise Either position cannot fall to
be unacceptable to the citizens OF the District
Is IL not greatly in favor of our system
that it should correspond so tremendously with
the prevailing systems of the country? Is in
novatiou a reformation when the theories of
education throughout the United States, and
the practice of municipalities all over the land,
protest against the proposed changer"
THE QUESTION OF LAW.
Mr.. Lovejoy then discusses what he considers
the Hlegality Of the Commissioners position,
and says: with all Difference to the opinion
of the honorable Commissioners and that of
their counsel. 1 respectfully submit that the
proper construction of the act of 1878 is di-
rectly opposite TO that which is given in their
letter of the 31st of December last. Because
the phrase nineteen persons appears in and
the word board is omitted from, the organic
act, the inference of the Commissioners is that
there is no school board. This is erroneous, be-
cause there was an inherent power in the nine
teen trustees TO organize themselves into a
board, for without such organization they could
not accomplish the end OF the creation, and
would have been an anomaly in school sys-
TENS. As courts take judicial notice, Congress
takes what might be called legislative notice.
Senators and Representatives are more or less
familiar with what is called the American sys-
tenn of public education. Its characteristic
and distinguishing feature is the school board.
There are now, and always have been, educators
In Congress who know that American schoOlsare
almost without exception managed by bodies
specially created tor this purpose, and that
without such organization, as experience sug-
gests, no equally satisfactory combination of
intellectual
tional aids, presents ITSELF Even if the absence
OF the word board in the act of 1873 left the
schools of the District to the vagarieS of nine
teen individuals possessing contemporaneous
and coterminous authority, Congress in 1882
nineteen trustees and creating a board of nine
trustees. In this last statute Congress used the
word board Besides, the honorable Commits
siOners and their predecessors have tor a period
of eight years addressed every official commu-
nication to the trustees by the title of The
Board of School Trustees DC. The organic act,
section 6, first clause, provides: Prom and
after the LIST day OF July, 1875, the board of
Metropolitan police and the board of school
trustees shall be abolished and all the powers
and duties now exercised by them shall be
transferred to said Commissioners of the ID.
such officers and agents and adopt such pro-
visions as may be necessary to carry
into execution the powers and duties
II the legislature had halted here, the position
of the Commissioners would be unassaiabe,
but the next clause of section presents the in
consistency of their position. 1t reads as fol-
lows: And the Commissioners OF the District
of Columbia shall from time to time appoint
nineteen persons actual residents OF the
District to constitute the trustees of the
public schools of said District, who shall
term as said Commissioners shall fix, said
trustees shall have the powers and per-
form the duties in relation TO the care and
management OF the public schools which are
now authorized by law By the first clause
two municipal boards were abolished. By the
second clause the persoaelie at leas. of one was
restored, and although Congress did not use
THE WORD BOARD
1t evidently intended that the nineteen actual
residents should constitute board OF school
trustees. When by the first clause, Congress
abolished the board of school trustees 1t trans
1erred to the Commissioners the duties and
powers exercised by the board What were
those duties and powers? The answer is they
were the duties and powers prescribed or au-
enactments, territorial and municipal Ordi-
Dances. But when by the second clause Con-
also restored its powers and duties, and these
were such a. were then authorized by law. The
act says said trustees shall have the powers
and perform the duties in relation to the care
and management of the public schools which
are now authorized by law What powers
therefore do the Commissioners possess which
they can delegate to the board of trustees? III
the first clause alone stood on the statute book
they would have simply inherited the powers
restored by clause second to the new school
board The history OF these contradictory
clauses explain the intention OF Congress, Ii any
doubt remains. In the legislation which
changed the territorial government into per-
manent government by Commissioners, 10 was
rather an oversight than deliberate intention
to abolish the school board. A citizen drafted
the second clause Of section 6, which is an abso-
Lutte repeal OF the first clause far as IL relates
To the public schools. 1t was presented to the
District committee OF the House, and was made
law"
An INDEPENDENT BODY.
I'm conclusion" continues Mr.. Lovejoy 81
would respectfully submit that by the organic
act school board Is within the scope of powers
conferred by Congress- body independent of the
Commissioners; that the school trustees are the
creatures of Congress, appointees of the Conn
mere agents of the Commissioners. The agents
and officers referred to substitutes for men,
bers OF the board of metropolitan police are the
paid employees of the District Government
Citizens who are willing, without compensa-
lion, TO devote their best energies to the good
OF the public schools are not disposed to accept
This relation OF mere agency, and however
gratifying the approval of the Commissioners
might be, they regard the success of the school
system as the highest reward Of their success
and the chief object of their labors. The duties
and powers Of the Hon. Commissioners seem To
me To be clearly defined by the organic act II
Is made obligatory upon them to appoint school
trustees. they are limited m their SaIectiop