The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-01-26
THE PRAIRIE VIEW SCHOOL
APPROPRIATE

the consequences ohiSAh6 ONe " VIZ
position assumed by the comptrol-
Ter, and the necessity of some re-
vision of the constitutional methods
adopted for the conduct of our state
1t has been usual for
the heads of departments,
even the governor, to ask
the attorney general for
legal opinions upon matters pre-
sented in which legal questions of
doubtful nature hang, but it APP
pears that in this instance, the comp
troller took his own counsel, and
his conclusion reached the public as
n thunderclap in a clear sky. 1t
matters not, however, as to the
modes and the manner in which the
comptroller arrived at his conclH-
sion, for since it is reached, and is
unalterable, there is no power that
can control or divert this action.
Under the constitution and the
decision of our supreme court, the
head of department is himself a
court of last resort, and his act must
stand until undone by himself, or by
an act of the legislature and even
IN the last instance the decision may
not be final, since again he would
construe the law as he pleased, or as
he thought best, disregarding again
the legislatures will. The position,
therefore, is q serious one, and it
calls for earnest consideration
among law makers. Can we permit
the fundamental law to remain as it
is, when any head of state de-
partment may cripple the govern
ment, at any time at viii, being
held amenable to no power but
the, legislature, and then alone
by impeachment? The STATES
MAN does not assume that
Comptroller Brown has been led by
any but conscientious motives, but a
vindictive man, in his place, could
do as he has done, and there being
} no supervising power. The law OF
a Texas state department is as I'M
alterable as were the laws of the
Modes and Persians. The constitu'
ton gives decidedly too much
power to the head of department
it should be constitutional, and un
, less it be, the Texas government
may at any time be led to the brink
of dangerous precipice, oveI
; which, at any moment, it may
be dropped to destruction
Had the comptroller, in this in
stance, appealed to the stat
law department for an opinion, h
could have, in the end, been governed
p or not by it, according to his owl
: will, and hence to prevent calamit,
, in the future the constitution shoult
. be so amended as to have the su
\ preme court act as an immedIat
: referee on questionable legal points
: AS an original proposition tn
STATESMAN is with the comptrolle
on this question, but since one o
= the coordinate departments of tn
v anu s1uCe INC governor upprUvel
g the bill, making this appropriation
It which the comptroller refuses t
= recognize, and since similar appro
o priations have heretofore been dis
5. bursed, it does appear as though thi
harsh decision could have been he'll
in abeyauce until after the comin
meeting of the legislature. TIL
" STATESMAN has been opposed 4
any diversion of the university fund
and we have been well satisfied tina
. the legislature would make goot
anything taken from it; therefor
we would have been willing to trus
to this questionable appropriation
/ of university money as well as al
I others, being properly replaced
!, this course would have been on
, greatly to be preferred, since tn
D institution affected by the case il
Q point is in successful progress, an,
! tho faith of the state is involved il
{ its continuation. Mr.. Brown il. Ger
/ tainly a most conscientious gentle
man, and what he does is honestly
done, no matter how he may reacl
n conclusion. He has been impor
tuned to relent, and to withdraw hi
: objections, but he is fixed IN his pur
pose, and unless the institu
ton can be provided fol
on individual security it,
operation must be suspended. A
few years ago Gov. Hubbard found il
necessary, there beng no appropria
ton for the purpose, to use private
funds in sustaining Capt. Halls po'
lice force in the southwest. The
legislature reimbursed the persons
providing this money, though it was
really used to protect private inter
ests. The case of the Prairie View
school is quite different, and it is to
be hoped its expenses will be carried
until the legislature meets, when
immediate provision will be made
for reimbursing those who may ex-
tend the school their bounty.
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