Evening star. [volume] (Washington, D.C.) 1854-1972, 1886-01-13
CITY AND DISTRICT.

THE SCHOOL TRUSTEES POWER.
The Commissioners Question Their An.
thor1ty to Make Appointments.
LETTER TO THE BOARD WHICH CAUSED A
SENSATION LAST NIGHT-THE COMMISSIONERS
CLAIM THE RIGHT TO APPOINT TEACHERS
NONRESIDENT PUPILS
When the board of school trustees assembled
last night, Mr.. Lovejoy, the president, stated
that ne had received a letter from Falls Church,
virginia, informing him that pupils came to
this city from Virginia on the trains to attend
the public schools of Washington. This matter
he mao referred to the Commissioners, and had
received letter from the Commissioners in
reply. This letter, which the secretary read to
the board, stated that the Commissioners were
surprised to find that a considerable number Of
pupils, children OF nonresident parents, at
tended the public schools here, a number suffi-
Client to fill about six schools, thus requiring
ABOUT six teachers, and depriving the resident
pupils OF room which was needed. The COM
m1ssioners were convinced that children Of
parents who resided out of the District were not
entitled to such privilege. The question was
now this condition of things could be remedied
AS the non-residents have made their arrange
ments for the winter, the Commissioners did
not at this time desire to deal harshly with
them. They thought that the privilege should
DE conceded, on some terms to be agreed upon,
vision. The Commissioners asked the trustees
10 ADVISE them as to what the terms should be.
LETTER FROM THE COMMISSIONERS.
! The secretary then read the following letter
addressed to the board under date of Decem-
Der 30. 1885 by the secretary of the board of
District Comm issioners:
Gentlemen: The letter OF your secretary bear.
ing date December Cpd, 1885, Transmitting a
resolution declaring the schedule OF salaries of
teachers fixed by the school trustees for the
present year to be in the main equitable and
not excessive, and requesting the Commission
ers of the Distric. of Columbia to ask Congress
TO appropriate the sum OF 49, 600 TO meet u de-
salaries has been received and duly eon st s
dressed to MIR. W. Ii, baum, president. from
this office, in which you were informed that
there is no authority on the part of the Com
missiOncrs or board OF trustees to make any
contracts in excess of the appropriations, and
there should be no promise made To the teachers,
nor any inducement held out to them leading
them to suppose that they will receive any such
excess"
The Commissioners do not see how they ca n
consistently ask for a deficiency under the
circumstances attending this case. The appro-
prfatiOn made by Congress is in excess OF that
| provided for the preceding year, and 1t was
the duty OF all concerned To see that the salar-
| les to which it was applicable were kept within
the amount appropriated. In fact the de-
nclency has been created by yourselves; it has
not grown out OF any circumstances beyond
| your control or foresight and it Will not do to
| ask Congress to make; :, further appropriation.
You were distinctly authorized to liz the sal
aries OF teachers upon the condition that the
| appropriation should not be exceeded.
The Commissioners, in this connection would
call your attention to the 9th section OF the act
| of Congress of June 18th. 1873, by which the
board of trustees of public schools" is abol-
lshed and all the powers and duties Heretofore
exercised or Ia any way performed by the said
board are devolved upon the Commissioners of
the District of Columbia This provision OF the
"A l:Ii HAITI no. no
doubt as 10 it's effect and as to the duty i'm
posed upon the Commissioners by the law re-
Ierred to. This section also provides that the
board shall appoint nineteen afterwards
changed to nine persons, who shall be trus-
tees OF the public schools. and as such have the
''care and management OF the schools under
existing laws The Commissioners are add
yised by counsel that under this act
they are clothed with all the powers and
duties of the board of trustees of public
schools as they existed AT the date of the pas
sage of the said act of Congress, and that the
trustees appointed hereunder are their agents,
and as such responsible to them. Several
orders have been made delegating to the trus-
the Commissioners with respect thereto. The
said trustees have been acting as a board of
trustees and have also performed many OF the
duties and have exercised much OF the author
ify belonging to the board OF trustees under the
laws existing at the date of the passage OF the
said act of Congress and as all this has been
, done with the acquleScence OF the Commissions
efs 1t would seem that these actions OF the
trustees have received such sanction as to give
y
| zion of affairs has produced its natural conse-
quences, and the peculiar condition OF things
now existing between the Commissioners and
the trustees of public schools is one OF those
consequences. 1t Is impossible to tell now
where the purview OF one ends and that OF the
other begins. The Commissioners think it is
time that this anomalous condition of things
should cease; that their authority as Commas
siOnerS should be asserted and that the duties
ana powers OF the trustees should be distinctly
defined.
The only legal function to be exercised by the
trustees appointed under the law is 1.-The care
and management of the schools" But it is
evident that this function cannot be exercised
until the school is complete in all its parts
The term schools as here used evidently en-
braces all the appurteDanccs OF q school, such
as school house, n collection Of pupils a
teacher and the proper person to have charge
system of schools such as exist in this District
this term school also includes the superin-
tendency or supervision OF the system. This
being So the Commissioners are OF tpinion that
they and not the trustees are clothed with the
authority necessary to the proper creation and
regua the selection H ,ne Of Schools that is to
Of schools, and his assistants, OF the
teachers who are to have charge of each par
to be entrusted the care OF the several school
houses in the District. Besides this the Com
mssioners have the duty imposed upon them
to select sites for school buildings, to determine
when school houses are needed and to erect
such school houses when needed, to fix and de-
that such salaries are duly paid. Ali this the the
Commissioners are to do with certain agencies
by them selected, and the law does not limit
them in the character or number OF the agen-
cies to which they are to resort, except as to
the number of trustees who are undoubtedly
one of those agencies, and as to the duties to be
assigned to such trustees: that is to say the care
and management OF schools.
These words, "care and management" which
limit and control the powers OF the trustees
seem to the commissioners to be broad enough
to include many and very important and re-
spOnsble duties. The attorney for the District
in speaking OF these duties, uses this language:
1.-The trustees, without pay, are to take this care
and management Obviously, while their du-
ties are of the highest character. delicate and
important, upon due performance OF which,
other needed conditions being provided, the
usefulness of the schools must mainly depend,
they lie within narrow compass. and pertain
| quite exclusively to the working power of the
educational machinery, which they neither
supply, maintain, nor repair. Upon these i'm
pOrtant matters, supply and repair, their action
cannot be but advisory"
After speaking OF the distinction made by the
law between the schools tor white and colored
children, the attorney goes on to say: "What-
ever else is necessary In the way OF classifica-
ton OF pupils, grading schools. numbers to each
teacher hours OF assembling, and length of
session, the whole matter OF discipline in the
schools, examination, promotion, criticism of
teachers and methods OF teaching, the course Of
study, the books to be used, and perhaps other
matters pertaining to the welfare of the schools
are among the powers and duties OF the trus-
tees.''
The Commissioners desire to give such form
TO the duties above specified as will relieve them