The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-02-18


that the gas was escaping An investigation
will be made in the case by the coroner.
--s%S-
Normal Schools.
To the Editor of the Herald.
Normal schools are institutions for train
ing up persons to teach common schools and
so far rs our information goes were first in
stituted IN France to teach the rudiments or
first principles of teaching. But as the OBJ
ject of this article is not to enter into an his
torical review OF their rise and progress nor
70 discuss their merits, but simply to elicit
the truth as to the constitutionality of them
as established in Texas we shall confne our
self to this point as closely as it is possible
for one TO do who is not y lawyer.
In the acts of the legislature of 1879, page
1879, we find San act TO establish state nor
NAL school," which was urged by the gov
ernor in his message to that body. This act
section 8, provides, Not less than two stu
dents from each senatorial district and six
from the state Mt large shall be received in
said institute, as state students, who shall re.
ceive tuition, board and lodging free, etc"
And section reads: at shall be the duty of
the comptroller of public accounts annually
to set apart out of the available school fund
the sum of Sl4, 600 for the support of said
normal school, and place the same to its
credit, etc"
Sections 3 and 5, article 7 of the state
constitution clearly define what the available
school fund is, and positively directs how il
shall be distributed.
Section 5, article 7, reads, after defining
what shall be the permanent and available
school fund End how applied: sand no
law shall ever be enacted approprialing any
part OF the permanent or available school
fund to any other purpose whatever; nor
shall the same or any part thereof ever be-
appropriated to or used for the support Of
any sectarian SCHOOL, and the available school
fund herein provided shall be distributed to
the several counties according to their schol-
aslic population, and applied in manner as
may be provided by law"
This either means that all the available
school fund herein provided shall be distrib.
uted to the several counties according to
their scholastic population and applied in
manner ms may be provided by law: or it
means nothing. If part can be segregated
and SGT apart and be distributed in a manner
other than that directed by the constitution,
the whole could with the same propriety be
distributed In manner other than that
directed IN article Z, section 5 of the consti.
tuition.
Hence we find the trainers of the constitu-
ton to prevent anything of this kind FROM
being done, declared in article s, section 7.
"The legislature shall not have power to
borrow, or in any manner divert from its
purpose any special fund that may, or ought
to come into the treasury; and shall make il
penal tor any person or persons 10 borrow.
withhold, or in any manner divert from its
purpose, any special fund, OF any part there
off, Is the fourteen thousand dollars an
proprialod for the support of the normal
school IN the act above recitod, distributed to
the several counties according TO their
scholastic population, as is required by the
constitution? II seems to us, il is not-and
that before it could be- the students of the
school, who are the beneliciares, would have
to bo spportioned to each county, according
to the scholastic population of the several
counties of the state, and not from senatorial
districts, which are formed of counties with.
out reference or regard to their Scholastic
population Can these schools be SUP.
ported from the general revenue? We find
in article 3, section As. Tho legislature
shall not have the right to levy taxes or
impose burdens upon the people,
except to raise revenue sufficient for the
economical administration of the govern.
ment, IN which may be included the follow.
ing purposes;
" The support of public schools,
in which shall be included colleges and uni.
versities established by the state; and the
maintenance and support of the agricultural
and mechanical college of Texas. This ems
braces all the constitutional power the legis
lature has TO levy taxes for the support of
public schools; which, according to section 8,
prticle I, shall not exceed one.fourth of the
general revenue of the state, and poll tax
of 81; which, by section 5, article I, is de.
clared TO be part of the availabls school fund
and must be distributed to the several coun
ties according to their scholastic population.
Besides, the cons luton, Article I, sectio n
IA positively inhibils the legislature from
levying any tax or approp rating any of the
general revenue, either to establish or pro.
vide for the maintenance of college O,
branch university for the instruction of the
colored youths of the state, or tor the estab
lishment and erection of the buildings of the
university of Texas
From the above VIC come to the conclusion
That the legislature cannot constitutionally
appropriate money from the general revenue
for the support and maintenance of state
normal schools. And that, until tho law /.
so amended as to apportion the benefciaries
OF these schools to tho several counties &C
cording to their several scholastic popula
tons any appropriation from tho available
school fund will be equally unconstitutional
and should not be set apart by the comp
troller or paid by the treasurer.