Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-24

troduced by Mr.. Greene showing the amend
ments proposed by the subcommittee, and
TO ask II in your opinion this bill will rec
tify. the supposed errors which have been
made and the Inconsistencies which are
said to appear in the present law. And
thanking you for this information at your
earnest convenience, l remain yours very
truly. EDWARD MORRELL.
District Attorney Baker a few days later
replied to Mr.. Morrelfs letter as follows:
January 16 1907.
ceipt of your letter of the 18th instant, in
closing copies of act No. 254 approved
June 20. 1906, and relating to the public
schools in this District. together with a bill
introduced by Mr.. Greene, with certain
amendments proposed by the subcommittee
l shall be very pleased to comply with your
request that l furnish You with my opinion
as TO certain questions raised in the inter-
probation of the act
l am asked whether this act is suscep-
tible of such Interpretation as that some of
the teachers and employees may be consid-
cred as having been legislated out of Office
and others retained.
Section g.
The purpose of the act seems to have
been twofold-the increase of the pay Of
the teachers, officers and employees, and the
partial reorganization of the management
of the public schools. BY section . the
former board of education was totally
abolished. This section created new
board, which in the mode of its appoint
ment, the number of its members the time
of its incumbency the manner of COM
pensation and other details is so irreconcil-
ably di1erent from the old board that the
old board must be considered as having
been completely superseded and extinguish-
ed by the present board created under sec
ton 2 Under the old board there were
certain appointees, including, besides the
clerical force, the executive officers such
tendent and director of high schools. These
executive officers were the particular de-
Tendencies of the old board. They were
subservient to and appointed by the old
board. and accordingly. upon the cessation
of the old board shared it's fate. To meet
this contingency the present act provided
that the new board should appoint a sup
erintendent. In this same section it
further provided that upon the written
recommendation of the superintendent the
board should appoint one white assistant
superintendent for the white schools and
one colored assistant superintendent for the
colored schools. The Office of white as
sistant superintendent was even different
from the Office of assistant superintendent
the act added the duties which, under the
old law. belonged to the director of high
schools. 1t thus appears that the executive
officers under the old board, such as the
superintendent, the assistant superintend-
ents etc., were legislated out of office by
the present act. When the board was can
wasting proper persons for appointment to
the executive offices provided for in section
z, 1T was free to appoint the old executive
officers as all others from the class of
available candidates, but appointments
would have been necessary to reinstate
them in the service. They were clearly
ton of the new act This removal from the
service of the public schools by the enact
ment of the present law, as to the great
host of school officers, teachers and en-
,nf to how IT,,
tent of the act, and does not necessarily
result from the Interpretation of the same
AS to them, the act can be construed re-
taaning them in the service. 1t was I'M
doubtedly not the intent of Congress that
the reorganization of the school system
should invade the teaching rank. The his
tory of the act, the debates in Congress,
amply illustrate this and evidence the in
tent that the host Of teachers should not
be disturbed nor that they should be sew
orally dislodged. These sources of induc-
ton are OF course, not safe guides in them
selves to an Interpretation of the act but
are persuasive authority of the actual in
tent of what Congress tried to do
Effect Of Section 6.
In section 6 it is provided, after the re-
quirement that no teacher, ETC., should be
appointed until he shall have passed an
examination etc, that mo teacher or off,
Ger in the service of the public schools in
the District of Columbia at the time of the
passage of this act shall by the operation
of this act be required to take any exami-
tinued in the service Here the intent of
Congress is Shown that the test to be ap-
piled to teachers to be appointed de novo,
shall not be prescribed for the present
school officers and teachers in order that
they may remain in the service. AS they
are already in the service it is not neces-
sary that they should be examined to re-
ex s' vi termini, is different from the Ian
guage ARE continued" 1t denotes the po-
tentiality which can be reduced to actu-
atty, by the exercise of some act. Accord
ing to a very strict Interpretation of the
words by themselves, without reference to
the rest of the act it is possible to say that
If the board desired to continue the host
of teachers, or any of them, in the service.
it will not be necessary to prescribe an ex-
to be passed before their appoint
ment; in other words. that this language,
Ito be continued" left the board free to
ed. But looking at the act In a broader
light, the intent of Congress would seem
that the employment of the infinitive ito
be continued indicated a continuance of
der that this result might be accomplished
it specifically provided that no examination
should be necessary. The utterances of the
act elsewhere confirm the intent. The act
contemplates the continuance of the teach
ers in the service. Thus, in section pro-
visions are made for the promotions and
increase of salaries of the teachers over
their present salaries. In section 1t
Classics the teachers on the basis of their
present salaries and refers to the teachers
of the normal, high and manual training
schools, now receiving less than $500, etc., /
and provided that these very teachers shall
receive an increase only after certain pc
Rod of time. A fair construction of the
act as to these school officers and teachers
would hold that they were not legislated
out of office and were not affe cted like the
executive offices referred to in section 2
The intent, at least, seems to be certain.
If the bill is to be amended, 1t would be
well to declare specifically by an amend
ment that they were continued and that
such was the intent Of the act.
Power to Dismiss.
I am asked further for my opinion in
reference to dismissals of teachers without
trial. have no knowledge of the facts in
the case of the several teachers who were
separated from the service and can only |
answer you by giving you my opinion of
what is possible under the act in its pres
emit shape in the way of dismissing or re-
moving a teacher without a trial. In sec
ton it is provided that mo appointment
etc, and dismissal of any director, etc,
shall be made by the board Of education |
except upon the written recommendation of |
the Superintendent of schools" This is the |
To- 10 he IT,