The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1873-10-30

J. MEDu.ro
Iron The NOrth Texan
ATTORNEY GENERALS 0FFgcE,
AUsrN, Sept 10, 1873.
Richard b scmpe. Rsq,
Sir-The words in section o. of the pres-
ent School Law, Of May %, 1873. are
May adopt any privatei school estab-
hshed in their district
That provision can only be held Consti-
tutional where such adopted school is (as sec
ton four of article nine Of the Constitution 1
provides part Of a uniform system Of /
public free schools throughout the State; = /
or in other words, when It uses the course
Of study and books that constitute the sys-
TEN heretofore organized, for none other
has been substituted for it, and when the
adopted school becomes and con-
tinues for the four months an exclusively
public free school-not receiving pay other
wise than from the school fund. Section /
Is, of the present school law being contrary
to the above cited section of the CoRstiin- /
ton is clearly unconstitutional, null and |
void. If the trustees do not pa in opera /
ton IN their respective districts schools suf- |
ficient FOR all scholastic pupils living in sufi
Gent numbers near enough together to be
entitled, they cannot use the public free
school fund for any partial or insufficient
schools they may organize
After a careful study of the school law of
May %, 1878, I am forced to conclude that
so many of its provisions arc unconstitu-
tional, while others are impracticable, that /
It cannot be put into operation. Section |
four of article nine Of the Constitution ini-
peratiyely prescribes the establishment Of
uniform system Of public free schools
throughout the State If adopting any
private school, and defining the conrse of /
study" and directing the class and kind
of school books, in a discordant manner,
in different districts, amounts to uniform
system throughout the State, am unable to
perceive it.
Besides, section six Of article nine of tho
Constitution, after stating what shall con-
stitute the school fund, concludes by enact
ing that mo law shall ever be made appro-
priating such fund for any other use or pur-
pose whatever The Constitution Of the
United States guaranteed this enactment by
providing: ''That the Constitution Of Texas
shall never be so amended or changed as to
deprive any citizen or class of citizens of
the United States of the school rights and
privileges secured by the Constitution of
said State" CO. S. Statutes at Large for
1s09-1s7O, CHI. 80, p. 81
Your obedient servant,
(Signed) WILLIAM AI.isxANDEIs.
Attorney General.
We have copied the above ridiculous
opinion in order that our readers may see
the folly or corruption that CONTROLS our
Attorney General. It requires no lawyer to
detect the sophistry and fraud that peryades
this opinion.
The following is the language at the end
r.
which he undertakes to construe, to-wit:
provided that the board of trustees of
any school district may adopt any private
school established in their district, when
the teachers of such school shall have OBJ
tanned certificate of competency, and shall
conform to the general regulations OF this
act
This is too plain to need any construc-
ton, and means exactly what it says
But this astute lawyer and logician says
that this can only be done where such
adopted school is a part of a uniform sys-
TEN of public free schools. Well, If it is
part Of the uniform system of public free
schools, it needs no adoption whatever
The object Of the provision referred to was
to enable the trustees to adopt any private
school within their district as a public
free school on certain conditions therein
stated. But the Attorney General says that
this cannot be done, unless it is free school
already. Well this is what we call begging
the question with vengeance.
But he says it must not only be a public
free school before its adoption, but it must
use the course of study and books that
constitute the system heretofore organized.
for none other has been substituted for It"
This means that the old law, the Radical
De Gress-Alexander system is yet in force,
aud that the new school law is q nulIity In
| fact, he decides in the very next sentence fhat
section eighteen of the new school law, is
null and void. This is the section that gives
the county boards of directors the power to
define the books and course of studies in
their respective counties, and is ono Of the
pivots of the system, and one of the most
| important4provisioDs In the new law. But
it takes from Mr. Alexander and De Gress
the despotic power of prescribing school
books for the whole State, and Of speculat-
/ ing with book concerns to an unlimited ex-
tent-and therefore it is uncons itutional
and void. And in the very next sentence
he decides the whole Of the new law un-
constitutional and impracticable, and says
it can't be put into operation. And what
reason does Mr.. Alexander give for this
sweeping and very extraordinary opinionl
None other than the Constitutional provision
that a uniform system Of public free schools
must be established in the State. And
pray, Mr. Alexander, show us wherein tho
system lnaugurated by the new school law,
! Is not n uniform one. Docs not itsprOvisions
apply TO every county in the State, and are
they not precisely the same ia each county
Where then Is there any lack Of uniformity
There may be provisions in the new law ol
doubtful constitutionality but certainly not
on account of want II uniformity.
But Alexander tainks the system IS
not uniform; the county boards, and
not he and DeGrs, ere to prescribe
the books to be ued This prevents
this deIcctable State Board from fcceiy-
ing bids from various book concerns,
and from buying al the chool books to be
used in the State frcm one concern at low
/ figures, thereby allowing o heavy margin for
speculation and fraud. The new law Is
also wanting IN uniformity because i blots
out this State Board, and stops Alcxaader
and DeGress from fixing the salaries of
teachers and from paying ignorant negroes
and disreputable characters the same wages
as thoroughly qualified teachers It also
wants uniformity because It stops DcGress
from appointing as supervisors and inspcc
tors such partisan fayorites and dead beats
rs r. X Smith, r. Peterson, Bill Elicit.
stanley WEIGH, Major Parker. q u oaaae
genus
In short, il wants uniformity because i
destroys one 81 the principal machines d
the Radical party. and stops the grinding
or 81 600. 600 Annually out 81 the pockets
Of the pcople-noi for the purposes d edu-
cation but for fraud and speculation on the
part Of the barefaced adventures who have
charge Of the educational interests q tic
State.
Tbe Romantic savage.