Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-09-28
ASST. sUPT. MONTGOMERY.
Intent of Congress and Provision OF
Law Concerning His Status.

To the Editor of The Star:
Much of the heated discussion concerning
the relation between DR.. w. S. Montgom-
ery the colored assistant superintendent
and Dr. Chancellor, the superintendent
grows out of the fact that the assistant su-
perintendent's function has not been con-
strued according to the clear intendment
| of the organic law. 1t was the unmlstak-
| able intent of Congress to give the colored
assistant full authority In all matters con-
corning colored schools far as consistent
with a unified system. Eminent colored
citizens appeared before the congressional
committee and insisted that much of the
tangle of the old board was due to the fact
| that DIR. Montgomery was diVested OF the
authority which Congress intended that he
should WELD, and asked that the law be
made so plain that there could be no posi-
| BILE misconception in the future. With this
end in view, the colored assistant was given
| sole" charge of all colored schools, sub
| ject only to the supervisory control OF the
superintendent. The plain meaning of the
law Is that the colored assistant should
| have original jurisdiction. and that the SUI
| perintendent has right to interfere, ex-
| cept to approve or disapprove his recon-
| mendations. This power extends to the APP
pontment of teachers as well as other fea-
lures of school management This will be
| seen if the bill is read in its entirety.
| While it is true the law states that all APP
pontees shall be recommended to the board
| by the superintendent In order to give eff
feet to this section compatible with all the
following, it is to be read as an exception to
| the latter more specific provisions, which
| will show conclusively that the colored ap-
| picants should previously have been recon-
mended to him by the assistant in charge
| of such schools. Wherever colored schools
| or teachers are referred to. as such. their
control is specifically lodged in the as
| min irn1ns iS CO 1Hr
! peated and set out in detail in different
| clauses of the bill that it is difficult to see
how it could possibly be misunderstood
| Any other construction Of the law would
| reduce the assistant to d mere scribe, which
| construction 1 do not think that the super
| intendent would give it, Notwithstanding
| that he seems eager to divest the colOred
| assistant of all power. The best way to in
| terpret the intent and meaning of a law
| of doubtful construction Is in the light of
the discussions and opinions of those formu-
| Iating It. The debates in Congress concern
ing this measure leave no room for doubt
| as to it's meaning. 1t would be well for
| the members of the board to read these re-
ports.
The writer as chairman of delegation,
called upon Senator Burkett, who had
| charge of the bill in the Senate, for the
| purpose of having the assistant superin-
| tendent appointed by the board directly in
| stead of by the recommendation of the su-
| perrin tendent. Senator Burkett refused to
| change the form of the appointment merely
| 10 preserve the organic unity OF the school
| system. He stated that the colored assistant
| was vested with sole and full power in
| the management of the colored schools
| and unless there was direct correctional
| authority between him and the superintend-
| ent. there would be practically dual sys-
| TEN. There. Is nowhere in the law any in
| tention to give the superintendent original
| jurisdiction in appointments or management
| of colored schools. 1t is to be regretted
| that the colored members of the board did
not insist upon this Interpretation from
| the first. 1t is to be hoped that the super
| intendent and the board will hereafter con-
! form both to the spirit and letter of the law
| in this regard, otherwise they will be put
| in the ridiculous attitude of turning somer-
| saults, they have done heretofore.
| 1t would also seem that DR.. Chancellor
| would willingly yield to DR.. Montgomery
| this authority and resultant responsibility.
| He has had little or no opportunity to
know the fitness Of colored men and women
| for educational work while his assistant is
| supposed to be expert in this depart
| ment and is acquainted with the best edu-
| Gators of his race in all parts of the coun-
| try. However, it is to be hoped that the su-
| perntendent will give him show to make
| good, even If he has to carry out the intent
! and purpose of the law, and If he fails to
| make good after fair trial recommend
| some one else for the position.
| JAMES A. COBB