The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1873-05-08
Governors Veto OF the Appropriate n
made TO pay the Public Teachers.

! SouiFI q AnAiSIlouo tAiC.
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made TO pay the Public { EssSrans' Teaehers. "
EXECUTIVE OFFICE,
STATE or TEXAS,
AUSTIN, May 1, 1878.
Hon. NJ D. K, Taylor, Speaker of the
House Representatives,:
SIR return to the House of Represent
atives, where it originated, the act entitled
s'An act to ascertain the amounts due the
teachers of the public schools of this State
prior to the first day of March, A. D. 1873,
and to provide for the payment of the
same" and ask that it be reconsidered.
There is a constitutional objection to tie
terms of this act that in itself renders the
act void. The money herein appropriated
is declared in seotior / 20 be "out of the
available school fund" Now the only
available school fund we have is that de
rived from interest on the permanent school
fund and the income derived from taxation
for school purposes but the Constitution
in section 8, article 8, expressly directs
that the Legislature shall annually aSpro-
pirate the money on hand from these
sources to be equally distributed among
all the scholastic population of the State
The money appropriated in this act Is not
intended to be distributed according to
scholastic population. On the contrary, the
wording of sections 1, and 8, taken in
connection with the fact that provision
originally in the act (as l am informed),
directing such distribution, was striken out,
makes it apparent that this money is not to
be thus distributed but is to be paid out at
Austin, without regard to the rights of the
respective school districts.
This misappropriation of the school fund
should certainly not be permitted by the
Legislature. 1t is manifestly unfair that the
people of certain counties where the pay
ment of the school tax has been evaded, and
where, therefore the teachers have not been
paid, should be permitted to make up the
deficiency out Of that part of the available
fund which of right belongs to counties
where the people have paid the tax, and
thus owe nothing to their teachers. That
Travis county for instance, where the
wealthy people have evaded the tax by
taking advantage of legal technicalities, and
which is thus upwards of twenty-five thou
sands of dollars short in what is due its
teachers, should take the quota of the school
fund belonging to Williamson, Upshur, or
Matagorda, where the people have promptly
paid their tax, and thus owe nothing
This would be a species of injustice not to
be supposed to have been within the con-
temptation of the Legislature in the passage
of this act, vet the act can only be so con-
strued.
Beyond this defect, however, there is
another and very suspicious feature of the
act, which must have been overlooked by
the Legislature. 1t will be perceived that
section lays down a number of regula-
tious which must be complied with by
teachers before they can draw any pay
nnder it. The numerous prerequisites
are so many obstacles in the way of the
teacher, that it is doubtful whether any con-
siderable number of them would ever sue
coed in getting the Comptroller to pay their
accounts, but not so with the speculator
who has preyed upon the necessities of the
teacher. BY the Interpolation of the brief
proviso in that section 4th that an approved
voucher in accordance with the law now in
force shall be taken as the account herein
provided for 1t is plain that the specula-
tor who has, perhaps purchased some
starving teachers approved voucher at dis
count of twenty-five or fifty per cent, is
not to be put to any delay about the cash
ing of the voucher, while the teacher him
self, if he has kept his voucher, may be Sc 1t
to a distant part of the State, and be put to
delay of months in getting the proof of
service called for in that section.
When it is understood that the amount
due teachers throughout the State up to the
first of March, is upward of $500, 600 (not
$4OO, 600 as appropriated by this act), that
the amount of available school fund in
cash now in the treasury, to be distributed,
is considerably less than $500, 900, and that
this act leaves it entirely within
the discretion of the Comptroller
to say who shall or shall not
be paid, it will be apparant how wide the
door is opened to speculation and fraud,
and how slight the prospect that the teach
ers will get any relief from this act
But though this act is impracticable and
Objectionable it need not stand in the wav
Of a legitimate appropriation Of the availa-
ble school fund. The amount on hand
should be distributed TO the districts at
once, there to be used in paying teachers
and other expenses. The apportionment
should be made by the superintendent ac-
corcing to the ratio of the last scholastic
census, and the act of appropriation might
provide that vouchers in teachers hands or
in the hands of those who have paid the
teachers at par for them, should have
preference in payment.
J. therefore, request If these suggestions
be favorably considered, the early passage of
such an act. The teachers may thereby.
within few days, receive substantial relief
to the extent of the money in the treasury.
Very respectfully,
EDMOND j. DAVIS. Governor.
Mr.. Elicit moved to refer the bill and
message to judiciary Committee 1.
Mr.. Smith. Of Houston. moved TO lay the
motion on the table, which carried
Mr.. Kinough moved thai the bin do pass
notwithstanding the objection Of His Ex-
cellency. the Governor. The bin then
passed By the following twe-third vote:
Yeas-Mr. Speaker, Adriance, Allison,
Anderson. Armstrong. Berends. Booty
Bordeaux, BroWnof Tpsaur, Brown Of Dali
las. Carroll. Chambers. Cook, Cunningham,
Davenport, Day, Denton, DOYLE Eastland,
Ford, Gallaway, CASTOR, Ghent, Gillette,
Gilpin. Harrison, Hoffman, Hollingsworfh,
ireland. Joseph. kcmble. killough. Lane,
Manning. Noeggerath. Payne, Powers.
/ Prenderrast. Rainey, Rilnes BosebOr0ugh,
4 Russell. Salter. Savers, Schmidt, Scott,
shaw. shelton. smith Of Colorado Smith %
Houston. Storey. Thurmond. TIison. ivy.
Tom. Trolinger, Nenters Natts. WestfalL
1Tinkler and Wood-6l.
Nass-A5ahsti. Eiirtf te loore.
Morris. Phelps Bobo Roberts sab.a.
Siockbridec. Washington. Ni'tlcr and Val
Jams ~
Nr. G. G. Nun1F. WHIP was catering ths
circus 81 Friaay evening. VI. II the lion
caee uns FL tlle a.. ahoaf 80 exhi1i
TIE performances 81 ise l'n i1nfr, va.
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