Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-08-02

Termed man In the once Of the controller
q tho ee1uff that the salaries and ten
are ~ o41cs o. the public school teachers
the 1eo4sion q the controller rendered yes
terday u the case Of W. w. Conner. SEC
retafy 81 tho board of education
cnanres made 81 Congress In the local edu-
cational systsm II OF the opinion that 1t
was the Intention Of Congress to strike
only at the fountain head OF the sys-
teFn-the board OF education As Mr.. Con-
ner was one o. the connection Of the foun-
tain head. zone Of Its creatures. the de-
cision OF the controller In his case was
that he was net entitled II pay between
tho time the old board went out OF ONCE
and his appointment as secretary oy the
new board.
As to teachers. they are regarded as ON
a different footing. being Tn the nature OF
employees The controller yesterday decided
did not apply to janitors. messengers and
other employees. and that il was not the IN
tentton OF Congress that they should be
wiped out OF ONCE with the old board
the teachers Will be submitted to the con-
troller IL not known. but IL Il pretty well
known that should 1t be the teachers need
have no fear.
tence I'm the ne wlaw which show that It
was not the intention of Congress to dis
turb the teachers tn any way, and atten-
ton ID called to one paragraph saying that
before appointments or dismtssatn can be-
made the superintendent must make rec
concentrations As there Is no surerfntend-
ent 1t would now be impossible to make
new appointments or to bring about dis
law leads to the belief that Congress had no
idea OF wfping out the present corps OF
teachers or OF disturbing their pay In It's
school legislation. In fact, all the sentences
In the entire act tend to the thought OF no
change in the present corps. which was TO
hold over. One paragraph refers to the
class of teachers that shall be appointed to
I'LL vacancies.
It is pretty safe for the teachers of Wash
ington. unless there Is change In AFFAIRS.
to depend upon there being no loss in their
salaries in the coming hscal year.
Text Of Decision.
The full text of the controllers decision.
addressed to the Commissioners of the Dis
trict, with the exception OF the quotation
Of Mr.. Connor's letter to the Commissioners.
Is as follows:
The legal question underlying your sub
mission as TO whether the secretary TO the
old board OF education held over by virtue
of his appointment by said old board up TO
and including his appointment and entry
upon duty under section OF Public Act No.
254. referred to by you. and whether the
clerks, tanitors, custodian of supplies. mes
senger and superintendent of janitors. APP
pointed and employed by the old board OF
education. have to be reappointed under the
terms and provisions Of said public act.
supra. Is not free from all doubt. especially
as 1t relates to the tenure OF the secretary
to the old board
to the old board. but the same question
would arise IL different person had been
appointed by the present board OF educa-
ton
AL
tion Is: Did the present school law by and
of itself abolish the board of education for
the District Of Columbia provided by the
act of June 9. 1900 Oh stat, 564. $500. and. II
so, did the abolition of the old board of
education carry with it also the abolition of
its secretary?
Text Of Decision.
'"The act last mentioned provided that the
District Commissioners should appoint
seven persons, residents of the District of
Columbia, who should constitute board of
education. and whose respective terms of
Office should be seven years. except that
the terms OF the persons first appointed
should terminate. one each year. to be de-
termined by lot among the seven members
OF the board first appointed.
when public act 254. supra. became
law on June 80 last it found a full board
of education in office under said act of 1900.
1t Is provided by this act that the control
of the public schools of the District of CO.
lunlbia Is hereby vested In board of edu-
cation to consist of nine members. The
of the board Of education shall be
appointed by the Supreme Court judges of
the District of Columbia for terms of three
years each. The board shall meet for or
within thirty days after APP
pointment 1t shall appoint secretary.
who shall not be member of the board.
THE appropriation bill for the District of
Columbia for the present fiscal year pro-
-. 81 ~
secretary. for which provision is made
supra.
1.-THE present act provides that 1t shall
take effect the first day of July. 1906. and
specifically repeats all acts and parts OF
acts in conflict with 1t.
"a prior act providing for the control or
the public schools of the District OF Column
bia in board to be appointed by the Dis
triet Commissioners is in irreconcilabie con-
fict with public act 254 supra. which pro-
vides that the control OF said schools be in
a board to be appointed by the Supreme
Court of the District of Columbia, different
In numbers, and differently constituted and
with powers materially different from those
possessed by the old board.
What the Act Provided.
81 conclude. therefore. that. ipso facto.
the present law vacated the old board of
control from the moment 1t became law.
Such old board had no further functions
to perform no future existence: in fact,
was not in legal existence one moment
after public act 254 became a law.
"The act of June 6. 1900 supra, en-
powered the old board. among other
things to appoint secretary and to re-
move him at pleasure. This power was
exercised by appointing Mr.. Conner sec
rotary during good behavior and effi-
cheney
IF am correct in my conclusion that
the present law of and by itself abolished
the old board of education, what was the
legal effect of such abolition on its ap-
pointee, the secretary of the old board?.
IF the authorities correctly state the law
upon the abolition of the old board of eau
cation, its creature-the secretary-was also
abolished. am therefore forced to the
conclusion that Mr.. Conner was not secre-
tary of the board of education after June
30 until he was appointed and qualified as
such under the new law. and entered upon
his duties such.
1T is not to be understood that am at
tempting to pass upon the question of the
title of Mr.. Conner to the Office of secre-
tary of the board of education any further
than 1t Is necessary for me to determine
the question of salary involved in your sub
mission.
There is nothing In public act. No. 2o4.
supra. which forces me to hold that II was
the intent Of Congress to require the re-
eDpOintment of clerks, janitors. custodian