Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-10-13

on and after July J. 1906, after having
passed the examination required by section
6 OF the organic act to fill the place of
principal of the NJ Street High School, for
merly held by Mrs. Cooper and that his
name appears on the pay roll for the month
of September and that tenth part OF the
salary provided for the said place is set op
posjte his name.
That Mr. J. B. Clark. formerly super
vis,ng principal at a salary of $1,000 per
annum,-was, on September IA, 1906, dis
missed from said position. for the good Of
the service to take effect from and after
June 30 1906.
THAT Mr.. r. c. Bruce was appointed
September l., 1905 after due examination
under tie provisions of section supra. to
the position formerly held by Mr. Clark. and
that the name of said Bruce appears on the
payroll for the month of September for the
tenth part of the salary thereof set OPP
posite his name:
You also say that Mr.. John l.. Love. for
merry a teacher at salary of $1,000 per
annum. was, on September a. 1906. dis
missed for the good OF the service. the said
dismissal to take effect and after June
81. 1906;
THAT Miss H. p. Shadd, on September q.
1906. was appointed. subject to future eX-
animation. to fill the position formerly held
by the said John l.. Love. The name of Miss
ShaGd does not appear the September
payroll nor does the name of the said
Love.
Br1ef Filed by Attorney.
accompanying your submission you for
ward brief filed by the attorney for Mrs.
Cooper and Messrs. Clark and Love, also
written statement from Mrs. Cooper and
Messrs. Clark and Love. wherein it is set
out under oath that each of said parties
protested against the action of the board of
education in not continuing them in the
respective places held by them. each stating
that she or he has at all times held herself
or himself in readiness to perform the du-
ties of the places formerly held by her or
him IN the school system. and claiming
therein that under the law they could not
legally be removed separated from the
said places until after written charges had
been filed and notice of such charges. and
an opportunity given each of them to de-
fend against such charges.
Under the above statement of facts you
request a decision whether Mrs. Cooper and
Mr.. Clark, or either of them. are entitled
to receive any salary from and after July
l. 1905 and whether the said w. L. S. Jack
son and r. c. Bruce are entitled to receive
the salary Oh the September payroll set
opposite their respective names.
Your authority for submitting questions
relative to the pay of teachers and officers
of the public schools is found under section
of the organic act as follows:
All expenditures of public funds for
such school purposes shall be made and
accounted fer as now provided by law I'M
der the direction and control of the Com
miss:oners Of the District of Columbia
Authority to Decide Questions.
My authority 10 decide these questions
is found in the act of 1894. and reads:
Disbursing officers, or the head of any
executive department. other establish
ment not under any of the executive de-
partments. may apply for and the con-
troller of the treasury shall render his de-
cision upon any question involving pay
n hn nv hny ,,r1o tt.A.x
which decision when rendered, shall govern
the auditor and the controller of the treas
ury in passing upon the account containing
said disbursement
Taking up the questions involved in the
above statement in the order set out, l am
of opinion that where the organic act
makes the director of intermediate instrI2-
ton. the supervisor of manual training am
the supervising principals of schools, Off
GERS, that the mere fact that the pay of
the persons holding such positions has been
appropriated for under the head of school
teachers for the current fiscal year does
not change their official character. re
organic act i'll such case should cove at!1
the officers above named should be paid
as school officers the one-twelftn part %
the salary appropriated for each Month
service after their appointment md entry
upon the discharge of their duties; for a
fractional service of the month they should
be paid one-thrtieth of their monthly IL
stallments for each days fractional service.
If. however any of these officers Wele lie
tanned by the school board under the pro-
visions of section six of the oryllic act
supra. before the first day of Septembe"
of the present year, such date being the
commencement of the school year. such
act of retention will relate back and sch
officer retained is entitled to be pail from
July / last.
Old School officers.
LAS to the second submission. i: is IN
necessary for the purposes of this dec'sioH
to hold that the above named old sch )oL
officers were legislated out Of office by the
organic act, but l must hold Cor the rea-
sons hereinafter given in this DECISION that
they were not continued in office by The
provisions of the organic act and are MT
entitled to pay such unless they were
continued in their office by the board 80
education. If so continued this act of con-
tinuing them will relate back and pug :h:m
in pay status at the rate of pay APP
propriated in the organic act for the office
in which they were continued daring all
the time they had continued 20 perfO:rl
the duties of such office since the first d3y
of July last. provided they We're continued
therein before the first day of Sep t..i,ncr.
1906 if after said date, they should De paid
as officers for the time actually served
since the date of their continuance. If any
new person has been appointed 10 either Z:
these offices his pay will necessarily date
from the date of his appointm. and en-
try upon duty.
Your third submission presents no ques-
ton / am directed by law to decide. The
name of the person appointed to the place
formerly occupied by Mr.. SwartZell, If
such an one has been appointed, does not
appear on the September pay roll,
does the name of the person appointed to
the place formerly occupied by Mr.. keene,
if such an one has ben appointed, appear
on the pay roll for September. nor Is the
name of the said SwartZell Keene.
either of them, on the September pay roll.
Academic Questions Not Decided.
Your questions concerning their pay are
therefore purely academic. l am without
eli ther inclination or authority to decide
academic questions.
The question implied In your fourth SUBJ
mission relative to the payment of Miss
Shadd does not present any question l am
authorized to decide for the reason that
her name does not appear on the pay roll,
or has Mr.. Love, so far as / am advised.
filed any claim for salary on which l am
called upon to decide.
Your fourth submission, however. does
present the question of the payment of the
salaries for September to Messrs. Jack
son and Bruce, the persons now occupy
ing the places formerly held by Mrs Coop
er and Mr.. Clark, and is such one as the
law directs to decide.
The question as to whether Messrs.
Jackson and Bruce are entitled to the
salary of the positions to which they have