The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-10-05
THE SCHOOL MONEY.
WHERE 1T Is INTENDED TO BE
APPLIED.
Important Letter from the secre-
tary OF the state Board
OF Education,

important Letter from the Secre-
tary OF the state Board
OF Education.
I'm which some Very Valuable
Information IL Vouchsafed
the Public.
Yesterdays STATESMAN contained a
brief reference to letter from the secre-
tary OF the state board of education. The
correspondence is given below, and will
DE found 10 contain some very valuable
information upon the subject of the dis
tribution of the public free school money,
besides other important points with re-
gard TO the public school system of the
state:
YsLETA, TEXAS, Sept. %, 1882.
Mr.. o. N. Hollingsworth, Secretary State Board
OF Education
MY DEAR SIR seek little advice
from you. The public school In this town
is about to be ignored and n Romon con-
vent substituted.
There are about 1900 Mexicans and 20
american population In this town. In
the past there has been maintained
public school here, but recently
there came to this charge two Jesuit
priests, who are endeavoring to secure
the application ofthe public school fund
TO the support Of the convent. Can such
thing be tolerated?
The trustees-two Mexicans and one
American-are all Romanists. Can the
state school money be applied to the sup
port OF Jesuit school? Can any excep-
ton be made by which this town can get
the benefit ofthe public school fund.-
Many Mexican children are ready to
enter public school.
Very truly yours, RICHARD WALSH,
Pastor Baptist Church.
DEPARTMENT OF EDUCATION,
AUSTIN, September %, 1882.
MIR. Richard Walsh, Ysleta:
SIR referring to your favor of the
18th instant, have the honor to respect
fully state in reply, that in this state only
such schools as are organized and con-
Quoted In the manner prescribed by our
school statute, can be supported at public
expense. A school of this character may
be thus defined:
1. A school organized upon petition of
citizens as prescribed in articles 3746,
3747 and 374S, school law.
2. A school conducted under the exclu-
sive control of public school officials.
3. A school taught by teacher holding
a lawful certificate of competency.
4. A school taught in compliance with
written contract made between the
tees. Said contract can have no legal effect
until the same Is approved by the county
judge.
5. A school from which none, who de-
sired TO participate IN Its benefits, were
excluded In It's organization.
@. A school absolutely free TO all chill
,dreB or lawful scholastic age, who were
duly registered In the original organiza-
tion, or were subsequently duly register
ed as prescribed by law and regulations,
or were assigned TO vacancies created by
change OF residence or by abandonment
OF purpose with reference to patronlzing
the school.
Children whose scholastic status
satisfies these prerequisites cannot be le-
gally changed for instruction In the COM
mon free school studies, viz: Orthog.
.raphy. reading, writing, English gram
mar, composition, geography and arith-
metic.
A teacher who proposes to merely
credit parents of such children with the
pro rata payments made by trustees out oil
the public school fund, and TO hold them,
said parents, responsible for payment of
an extra amount, according to private
bill, Is not entitled to one dollar Of public
school fund.
Parents may, as a voluntary act con-
tribute as much rs they please OF their
private funds to the support OF teacher
of public school, but no school or
ganization can legally receive the
benefit of the public school
fund, when IL is either ex-
pressed in the contract or privately
understood, that the teacher Is to be paid
full private rates of tuition, and that Il is
exPected Of every one who patronizes the
school TO comply with such terms.
7. A school wherein the English Lam
guage constitutes the ordinary medium
OF imparting instruction.
8. A school strictly non-sectarian.
nuhlic free school can undar No plr-
.eumstances be under the control, either
directly or indirectly, of n sect.
The state board of education has de-
.clared: "That a school under the direc-
ton and control OF trustees or other
agents appointed by a Methodist confer
.ence, or any other orgsniza-
tion of religious denomina-
tion, is sectarian school, and
that to appropriate public free school
funds towards the support OF any such
the constitution and school statute of
this state"
II the citizens OF Ysleta desire to avail
themselves of the benefits OF public free
school, they must organize school on the
basis of these leading characteristics. II
they desire to maintsin a Jesuit
school, or any other sectarian school,
they certainly have the right to do so,
but not at public expense.
II such an effort should be made you |
and IL would be your or his duty, to de- |
maad the enforcement of the law.
1t Is the sworn duty of county judges to |
supervise the organization and manage
ment OF the public free schools OF their |
respective counties. 1t Is their duty to |
enforce the school law, to see that the |
schools are organized and conducted |
strictly according TO law and regulations |
and to carefully guard agains 1.-THE mis-
application of the fund.
This official duty is not unaccompanied |
with power to enforce. A county judge |
can reject q petition, refuse to approve |
n contract, refuse an application for ex. |
animation, refuse a certificate, reject a |
voucher, and can determine the charae-
ter OF = school, as whether 1t Is sectarian
or non-seetarian.
1t Is the duty of the state board of edu-
cation to apportion the school fund TO the
respective counties of the state, but the
duty OF paying out this money in support
of public free schools devolves upon
county judges. And said officers, to-
gether with school trustees, are RESPONSE
Bile for its legal application. Amer the
state board of education has signed and
transmitted the certificate of credit show
ing the amount OF school fund
TO which a county may be entitled.
practi, ally leases. The board of educa- |
tion IL charged with Gel tain general du-
ties In reference TO the administration of
public school affairs, but It IL poweIless
TO enforce It's rulings or command obedi-
ence TO its official actions.
1t ie not so with the county Judge. He
holds the purse string OF public school
funds and this gives him power TO en-
force the school law. Not one dollar Of
pub ic school money in the hands OF
county treasurer can be legally disbursed
except upon warrant Of the county judge.
The legislature, acting upon the presump-
tion that the people were capable Of sell
government and could manage the affairs
In which they were Immediately and in
dividually interested. better than dele
gated agencies, placed the control
OF schools under what was DEEM
ed wise and proper restrictions,
chiefly In the hands OF the people and To-
cal school officers Of their own selection.
Hence, the success Of the schools under
the present system depends largely upon
the interest that the people take In
their management aud upon the vigil
lance and fidelity OF local school Of
dcers.
III school trustee or teacher neglects
his duty, the patrons Of the school can
have him removed upon application TO
the county judge. II q county Judge neg
lects his duty, Ignores his Official obliga-
tion or disregards the rights OF citizens,
the remedy 10 near at hand, to-wit the
courts, not the state board of education.
Respectfully,
o. N. HoLLINeswoRrH,
geeretarv State Board of Education.