own in regard to the schools, which would definitely fix the status of the trustees, but never proceeded further than to make a few "sugges tions." Both the Commissioners and the trustees desired nothing more than the good of the schools, and their correspondence on the subject was without acrimony. A conference brought about an understanding, and no definite or final conclusion was reached as to the respective powers of the two bodies. But it is very certain that "the powers and duties relating to the care and management of the schools" possessed by the former boards were continued in the new one by the law of 1878, and it remains to discover the laws that defined those powers and duties. But even when they are discovered it would require a judicial decision to determine which of them belong to the trustees under the "care and management" clause. The consolidated board of trustees of 1874 were governed by the laws covering the several boards which they succeeded. There is no doubt about that. But the search for the laws of the ancient boards is by no means easy in the present condition of affairs. It appears from a careful search, however, that the board of 1874 were governed in their relations to the white schools of Washington by the laws of the corporation of Washington passed in 1858, reenacted with two additions in 1869; in their relations with the white schools of Georgetown by an ordinance of the corporation of Georgetown passed in 1842; in their relations with the white and colored schools of the county by an act of Congress passed in 1864, and in their relations with the colored schools of Washington and Georgetown by an act of Congress passed in 1862. The Georgetown ordinances of 1842 gave to the then "board of guardians" full power "to provide for the keeping of schools and to manage the same for the public interest, to make such by-laws and regulations as they may deem best for the government of the schools, to elect and appoint the respective and necessary teachers from time to time, and fix their compensation."1 Teachers were required to report quarterly to the board of guardians and annually to the corporation through the board of guardians. It was made the duty of teachers to receive all children that might be sent to them by any member of the board of guardians, or by the trus tees of the poor, any of whom were authorized to grant certificates of admission.2 The Washington board of 1858 received power to appoint all teachers authorized by law, and to change them at pleasure; to prescribe the course of studies and the books to be used, no book to be changed except by a vote of two-thirds of the whole board, and the books in all schools to be uniform; to make and execute by-laws, rules, and regulations for the management of the schools as they may deem necessary AtLee's History of the Public Schools of the City of Georgetown, page 7. 2 Idem, page 8. and proper, a copy of which must occupy a conspicuous place in each schoolroom, and to alter, amend, and abrogate them at pleasure; to transact all business relating to the schools, subject to the laws of the corporation. They were required to cause an annual examination of all public schools to be made each July; to make an annual report to the common council; to divide themselves into as many subboards as there were school districts, for the exercise of a practical supervision over the schools, subject to the control of the board of trustees. The subboards were required to meet regularly once a month at least and to cause records to be kept by the principal teachers. All white children between 6 and 17 years old were to be admitted into the schools, provided their parents or guardians were bona fide residents of the city. The male and female pupils were required to be kept separate, as far as practicable, during school hours and to have different places assigned to them for recreation.' The act of the city councils of September 7, 1869, made it the duty of the board of trustees to fix upon the time and manner of school examinations and promotions, to select annually one of their number from each school district to be a committee for the examination of teachers, assisted by the superintendent, and to hold semiannually, in conjunction with the superintendent, a teachers' institute.2 The duties of the school board of the county were written at a much later date than were those of the city boards, and have a more modern flavor. They were: to regulate the number of children to be taught in each school; to select, upon a thorough examination, such teachers as are competent, giving to each a certificate of qualification, without which no teacher is entitled to receive pay; to fix their salaries and terms of service; to suspend or expel incorrigible pupils; to prescribe the course of study and the text-books to be used # * and gen erally to prescribe rules and regulations for the management, good government, and well-ordering of the schools, and to make an annual report. Any white resident was privileged to place his child or ward in any of the schools, with the consent of the board; and any colored resident had the same privilege with respect to colored schools.3 The trustees of the colored schools of the cities were directed to exercise the same functions and have the same supervision over the schools under their charge as were exercised over the public schools of the two cities by the trustees thereof by virtue of the laws and ordinances in force in the two cities, respectively." These, then, are presumably the laws which still govern the board of trustees. If there are any of later date I have not succeeded in finding them. It is very probable that even some of the present Fifteenth Annual Report of the Board of Trustees of Public Schools of the City of Washington, 1858-59. 2 Twenty-third Annual Report of the Board of Trustees, 1866–1870, page 138. trustees themselves are not aware of the differences in their powers in relation to the schools of the several localities, for time has so welded together the various elements of the system that it is now one homogeneous whole. Expediency first and custom afterwards prescribed that all schools should be treated alike, and the restrictions that relate to one section were and still are voluntarily applied by the board to all sections by means of regulations; for example, all teachers in the elementary schools not graduates of the city normal schools must have passed an examination and have received a certificate of fitness, though this is not required by law except for the teachers of the county; the legal provision requiring a two-thirds vote of the board to change a text-book applies only to Washington, but it is applied by regulation to the whole District, and text-books are uniform in all schools of like grade; the division of the board into subboards, too, is required for Washington only, but it is applied in practice to the entire District. But there are now ten "divisions" and only eleven trustees, so that but one division has more than one trustee, and the legal requirement for monthly meetings of the subboards has necessarily become a dead letter. Neither law nor custom requires that a trustee shall be a resident of the division for which he acts, but in a general way it is recognized as desirable that it should be so, and assignments are usually made with that in view. The peculiar relations of the District of Columbia to Congress has brought about the custom of legislation by appropriations. Congress has exclusive control of the District and is its only legislative body. When any extension of the school system is desired, therefore, the request for it is ordinarily in the form of an application for an appropriation, which, if granted, carries with it the authority for the extension. It was thus that the free text-book system was inaugurated, that the fourth year was added to the high-school course, and, in fact, that all important extensions have been secured. The board of trustees annually submit estimates covering all their needs to the District Commissioners, who are in turn required by law to submit to the Secretary of the Treasury annually an itemized statement and estimate of the amount necessary to defray the expenses of the government of the District of Columbia for the next fiscal year. The Secretary of the Treasury must carefully consider all the estimates and must approve or disapprove, or suggest such changes as he may think the public interest demands. He must cause a statement to be made of the amount approved by him and the fund to which each item belongs, which statement must be certified by hid delivered, together with the original estimates, to the Comm trict of Columbia, who must transmit the same extent to which Congress approves such estimates ates the amount of 50 per cent the and the re of such approved estimates are levied and assessed upon the taxable property and privileges of the District other than the property of the United States and of the District of Columbia. The rate of taxation for all purposes for any one year may not exceed $1.50 on every $100. All taxes collected are paid into the Treasury of the United States, and the same, as well as the appropriations made by Congress as aforesaid, are disbursed for the expenses of the District on itemized vouchers, which must have been audited and approved by the auditor of the District of Columbia and certified by the Commissioners, or a majority of them.1 MISCELLANEOUS LAWS RECENTLY PASSED. The District Commissioners must report to Congress at each regular session in the Book of Estimates an estimate of the number of teachers required in each of the grades and classes of schools in the District, the amount of salary, the employment, place, and title of employment of each of the teachers in each and all the grades and classes of the schools in the District.2 In assigning salaries to teachers no discrimination may be made between male and female teachers employed in the same grade of school and performing a like class of duties.3 No school official, teacher, or trustee may receive any pecuniary benefit on account of school supplies or text-books purchased for the use of the schools.* The study of the nature and effects of alcoholic drinks and narcotics must be taught in all public schools of the District of Columbia.5 The Commissioners, in making purchases of sites for schools must do so without the employment of agents, and in no case may commission be paid to more than one person or firm greater than the usual commission.3 Before the purchase by the board of trustees of any lands and premises for school purposes the title must be certified as good by the attor ney for the District. The purchase must be made in the name of and the title vested in the District of Columbia. 6 The Commissioners of the District of Columbia have power to condemn land for school sites. Application for such proceedings must be filed in the supreme court of the District of Columbia.7 The plans and specifications for buildings are prepared by the inspector of buildings of the District of Columbia, and must be approved Act of June 11, 1878, in Supplement to the Revised Statutes, 1874-1891, page 173 et seq. 2 Act of March 3, 1891. - Act of March 2, 1889. gust 7, 1894. ssioners, September 24, 1874. by the Architect of the Capitol and the Commissioners of the District of Columbia; the buildings are constructed by the Commissioners of the District in conformity therewith.' The inspector of buildings of the District of Columbia has authority and control over and supervision of the construction and repairs of all school buildings.2 The public school buildings may not be used for any purpose not directly connected with the public school system of the District.3 DETROIT, MICH.1 The city of Detroit is one school district, and the schools therein under the direction of the board of education are free to all children residing in the city between the ages of 5 and 20 years, inclusive. The board of education consists of 16 school inspectors, to be elected one from each ward in the city at the spring election held every alternate year. The term of each inspector is four years, and one-half the whole number are elected at each biennial election. The votes cast for school inspectors are deposited in ballot boxes separate from those used for other than city officers, and the elections are held and the votes canvassed in the same manner as in other city elections. Women are qualified to vote for school inspectors and are eligible to hold that office. In case of any vacancy by death, resignation, or otherwise, the mayor may nominate and the common council may confirm the nomination of a suitable person to fill such vacancy until the next regular election for members of the board, when his successor must be elected. Removal of an inspector from the ward for which he is elected does not vacate his office if he still reside in the city. The mayor and the recorder of the city are ex officio members of the board, and have the right to seats at meetings for the purpose of deliberation, but have no vote. The board of education may, by a two-thirds vote, and after due hearing, expel any member for malfeasance or willful neglect of the duties of the office. No inspector may receive any compensation during his term of office. either as inspector or for services rendered the board in any capacity, and no inspector may be interested directly or indirectly in any contract made with the board. Any person elected to the office of school inspector who neglects or refuses to serve without sufficient cause is liable to a fine of $10, to be used for the public library; but no one may be compelled to serve two 'Act of August 6, 1890. Act of March 3, 1879. 3 Act of March 3, 1893. 4 Compiled from acts relative to free schools in the city of Detroit, in Rules of the Board of Education, 1895, page 37 et seq. |