Evening star., 1935-10-17
BOARD AUTHORIZES
.BALLOU TO RULE
ON RED TEACHING
Superintendent Given Job
of Deciding Whether
Law Is Violated.
DIRECTORS WON'T LIST.
MORE w. P. A. PROJECTS
Refusal Based on Fact IFS Jobs
Still Are Pending, Despite
Presidents Approval.

Teaching or advocating may or may
not have a variance of meaning. but
the Board Of Education has placed in
the hands of DR.. Frank w. Ballou, SUI
perintendent of schools, the job Of de-
ternining whether the 'anti-red"
rider to the last appropriation bill is
violated.
The decision was made shortly be-
fore the board also decided that 1t
would not supply the Works Progress
Administration with a supplemental
list of school projects in view of the
fact list of ITS such jobs are still
pending, in spite of the Presidents ap-
proval of them.
The so-called "red" issue was raised
when two lawyer members of the
board-Henry 1. Quinn and Benjamin
L. GaSkins-preSented an opinion that
E. Barrett Prettyman. corporation
counsel, was wrong in his interpreta-
ton of the law.
Prettyman held. in effect. that
teaching is one thing and that ad-
locating is another; that factual
teaching of the existence of a COM
munistic form of government and its
workings is not violation of law,
whereas advocacy of that same form
of government is against the law.
Members Voice Views
Quinn and Gaskins held that
Prettyman. as corporation counsel.
can not and does not bind the Board
of Education and that his opinions
can be taken or left with impunity.
At this point, however, Henry Gill
ligan, also a lawyer and member of
the board and its Legislative Commit
tee, interposed his own minority in
depreciation of the corporation coun-
sells opinion.
After careful consideration" he
said, "of the amendment of the pres
ent appropriation act for the District
Of Columbia. to-wit: That no part Of
any appropriation for the public
schools shall be available for the pay
ment of the salary of any person
teaching or advocating communism
and of the opinion of the corpora
tion counsel Of the District of Co.
lumbia, rendered at the request Of
this board, your Committee on Legisla-
ton recommends to the board that it
adopt the opinion of the corporation
counsel as its own Interpretation of
the language of the amendment, and
instruct the superintendent of schools
to take such steps as he may deem
necessary to bring the opinion to the
attention of employees of the Board Of
Education
Stick to Prettyman.
In spite Of the length and Zest Of
the argument during the meeting of
the board. there was no champion of
communism present to voice its
claims. Instead, the lawyer members
forced the board into technical dis
cuss:or and consideration of the in
depreciation of the law, and then
analyzed it to the point where the
board had to make a decision.
Without recourse to outside legal
advice, the board chose to stick TO
the Interpretation made by Pretty
man as corporation counsel and. as
result, bound itself by precedent to
accept the corporation counsel as its
legal adviser hereafter.
In spite of the request Of Commits
sioner George E. Allen and the Works
Progress Administration, the Board
decided not to submit a supplemental
list of school improvement projects.
DR.. Ballou. to whom the request was
sent by Maj. Daniel ]. Donovan. Dis
trict auditor, recommended that the
boards attention be directed to the
projects already approved by the Pres
ident rather than send second list
that might becloud the improvement
program.
Maj. Donovan's letter asked for a
supplemental list so that the Works
Progress Administration might have
selective choice of the projects to
be undertaken.
Commissioner Allen previously ex-
planned that the new list would be
used solely on its merits for supplying
types of work and that the projects
suggested would be determined on
their ability to supply skilled or un-
skilled jobs for men without employ
ment as and when the problems pre-
sent themselves.
DR.. Ballou and the board, however,
held to the ground that the President
has already approved ITS school i'm
provement projects and authorized the
expenditure of s289,799. and until
these actually are undertaken there
is no use in trying to tempt the Fed
eral Government further.
BY implication, the board said the
pending ITS projects will meet the
schools needs SO far as w. P. A.
repairs and improvements are con-
cerned, and that to suggest any addi-
tional work would merely mean the
selection of secondary projects, to the
injury or neglect of primary jobs that
are needed.
The school system, meanwhile, is
awaiting actual demonstration by the
Government of its intention to carry
out the program Of ITS improvement
projects, and Commissioner Allen and
yI1 d oro ou,o itioo uord fbot tho