Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-09-21

cation were brought forward to NIL the
ranks of the new board.
"2. By proper act of the board Mr.
Swartzell was formally transferred from
the position of principal of the Eastern
High School to the position of teacher IN
the same school. and Mr.. keene was trans
ferred from the position of supervising
principal to the prncpalship of Petworth
School. Mr.. Swartzell has declined to ac-
cept the new position to which he was
transferred and Mr.. Keene has formally
resigned from the principalship OF the ret
worth School. Each of these gentlemen
has by his several acts removed himself
from the school service. 1t is true that
they were both brought forward from last
year by the automatic operation of the
act and were. respectively. the principal of
the Eastern High School and a supervising
principal when the new board was organ
lied The board found them, as 1t did the
other teachers and principals, in the lists
it inherited from the old system. They
were continued in the service by the pro-
visions of section q of the act But the
board had authority to deal with them as
the interests of the schools demand. Such
power is largely inherent. The act pro-
vides in section that the control of the
public schools of the District of Columbia
is hereby vested in board of education,
etc. A weghty responsibility attends this
grant of control imposing on the grantee
liza bility for the condition of the schools
and the discharge of his trust. 10 vest
the government of this system in the board
and superintendent and to make them an
swerable for the degree of efficiency OF the
system and the welfare of the students
carries with such eXacting grant OF power
the necessarily implied power to so trans
fer and arrange the principals and officers
of the system as in the conscientious judg-
ment of the board and superintendent
would best promote these ends; denial
of such power would shorten the arm of
the governing power and make its respon-
sibility unreasonable and unjust.
$50 much for the implied power. Its ex-
e., ,to1 hive n
the act. Under both the implied and the
express powers you were justified in trans
ferring Mr.. Swartzell and Mr.. keene They
were at liberty to accept or decline the po-
sitions. If they had accepted they would
have remained in the school service in the
new capacities. AS one has declined and the
other resigned, they are no longer In the
service and an order of dismissal in either
case is unnecessary and would be unjust.
as each has elected, sua sponte, to ter
inmate his connection with the schools.
You may proceed at once to fill the vacan-
cies in the positions which they nave de-
cided not to accept.
"3 In enrolling the teachers of last year
for service during Inc present year, While
they have been substantially treated as
continued in service by the act, l am In
formed that the technical order of employ
ment in each case has been an appoint
ment for one year. This mere arbitrary
phraseology may be misconstrued and cause
some confusion later. The host of teach
ers was carried over automatically and
continued in service by the operation of the
act. The board was spared the necessity Of
exercising its, power of appointment as to
them but received them already ap-
pointed before the board was created. 1t
was undoubtedly the intent of Congress
that the changes In the organization ana
management of the school system in the
District should not pervade the teachers
ranks. The debates In Congress and the
reports of the committees in both houses In
connection with the passage of the act
on evidence this intent and while thew
are unsafe guides to an Interpretation of
the act itself, they may be used as per-
suasive authority of the actual intent. They
at least indicate what the Congress tried
to do But apart from these sources the
act itself Enthusiastically shows this intent.
In the first part of section 1t is provided
that for the ensuing year the teachers shall
receive certain increases in salaries con-
templating the transferrence of the old
forces and their receiving the benefit of the
increase. In the same section it is further
specifically provided that the examinations
prescribed for the appointments of teach
ers. etc, should not apply to those already
In the service. If this be 80, the appoint
ment for one year would be Limitation of
the term Of service. At the expiration of
that time they would be no longer teach
ers unless reappointed. To be reapponted
would necessitate an examination In ac-
cordance with section of the act. This
procedure would be right in the teeth of
the same section of the act providing that
no examination should be necessary as a
condition precedent to continuance in the
service. The rule of the bylaws of the
board under which such appointments nave
been made for one year cannot apply to
the teachers who were In the service at
plication, if at all, should be restricted to
appointments made de novo.
''It is my opinion, and therefore advise.
that you take appropriate action to align
over from last year whom you have APP
pointed under the one-year provision, SO as
to harmonic with the evident purposes and
intent of the act.
Superintendent's Recommendation.
Following the reading and filing of the
opinion the following recommendation of
DIR. Chancellor was approved by the board:
II am advised by legal counsel assigned
to the board of education that the fixing of
the term of year for certain officers and
teachers is probably incorrect legally. 1t
was my idea in fixing this term to assure
those persons involved that they would
serve at least one year.
I'm view of this advice beg leave to rec
ommend that all officers and teachers hith-
erto appointed and continued for the term
of one year be appointed and continued
without term stated, as per rule No. q, and
In accordance with the act approved June
%, 1906 and that the proper corrections be
made In the files OF the board or education:
communication was read from DR.. D.
Percy Hicklng, in which he called atten-
ton to the fact that pupils In the schools
are compelled to drink Potomac river water
which has not been boiled. He recommend
ed that the board take the proper action to
provide boiled water for the children, as re-
cent analysis OF the water from the filtra-
ton plant, he sa4a, showed that it contained
bacteria. The letter stated that there was
an order "of the old board to have the
water boiled. The use of the Expression
old board" was Objected to by Mrs. Ter
roll, because the present, or new board
had passed the resolution.