Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1880-08-05
THE PUBLIC SCHOOLS.

a report that the present organ
ization of the Board of Trustees
is Illegal, thus seeking again to
cmbarrass the school, as was
done a few years ago by legal
resistance to the payment OF
the school tax.
We say that this opinion
must cmenate from an enemy
ofthe public school, as no friend
of the school would express
such an opinion, or give it cur
rency, without first examining
the law. And a cursory exam
nation of the law, would Show
conclusively that there is o'
even the shadow of a fount a.
ton for the opinion above
ferred to.
Art. 37SI.-Revised ST
provides that cities which
heretofore assumed cont
the Public Free Schools wv
its limits, and have continued
to exercise the same until Feb.
1879, the date of the passage OF
the Revised Statutes, shalrhave
control of such school. Under
Art. 37SS. r. S. cities having
control of public schools may
by ordinance provide for their
organization etc.
By the act of April 5, 1879,
further provision is made to en-
able cities not having control
of public schools, under previous
laws, to acquire control, by
means of an election ordered
upon the application of so cleo
tors. Upon such application
being presented, these two
questions arc to be submitted
to the qualified electors.
/. Shall the city acquire the
control of any or all ofthe pub
lie free schools and institutions
of learning within its limits.
.. Shall the same be under
the control of d Board Of Trus-
tees, or of the Council or Board
of Aldermen of such city.
In this city control of the
public free schools was assumed
five years ago and the city con-
tinued to exercise such control
at the date of the passage of
the Revised Statutes and of
the Act of April 3. 1879. 1t
was not only not necessary to
submit to vote the question
as to the city assuming control
of the schools, but it could not
legally be submitted. Its only
in cases where the question of
assuming control is required to
be submitted, that vote can
be taken as to whether that
control shall be exercised by a
Board of Trustees or by the
City Council.
The remaining sections of
the Act of April 5, 1879, clear
ly and in express terms recog-
nizes the authority of the City
Council under the provisions of
the Revised Statutes above cit
ed.
No article of the Revised
Statutes relating to free schools
in Incorporated cities and towns
was repealed by the Act of
April 5, 1879, but on the con-
trary, one of the articles was
amended by the Act of July 9,
1879, so as to render its pro-
visions more efficient.
The question of maintaining
our public free schools has been
fairly submitted to the people
at five elections. At each cleo
ton the question has been de-
cided in the affirmative by an
overwhelming vote; and the
opposition has now dwindled to
such proportions as to be depriv-
ed of its power to do harm.
But an infinite amount ofmis-
chief can be done by giving ear
to unfriendly criticism, emenat-
ing from even the most contem-
plated sources.
The friends of the public
schools can be assured that no
illegal act will be done by the
city council or the board of
directors to whom its manage
ment is conhded.
c. c. Garrett, Esqr., the pres
ident of the board, is an able
lawyer, who has made the
school law his special study for
years. 1t can be said, without
disparagement of the ability of
others, that no lawyer in the
state, is more familiar with that
subject than he is. He is the
earnest, devoted friend of the
school. For years he has de-
voted his time and talent to the
advancement of its interests,
without fear or reward.
We know that our good citi-
Gems, who are proud of our pub