The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1888-10-11
From Tuesdays Daily.l
EXECUTIVE OFFICE.

for president and vice-president of the
United States, one member of the United
States congress for each congressional
district as given below, aud the following
state and district officers to-wit: Governor;
acknowledgements comptroller of pub
lie accounts; treasurer; commissioner of
the general land office; attorney general;
superintendent of public instruction; one
chief justice and two associate justices of
the supreme court; three judges of the
court of appeals; one district judge and
one district attorney for each judicial dis
trict.
The election for county and precinct
officers will be ordered by county Judges,
as prescribed in article 1850, Revised
Statues.
Said election will be held at the polling
places of the several election precincts in
the several counties of this state, and will
be conducted by the officers holding the
same in strict accordance with law, and
returns made in conformity to the laws of
this state and of the United States, and in
accordance with this proclamation.
The governor is booked to be at the
Dallas fair on the opening day, but it will
be impossible for him to be present, some
tnlng ne very mucn Regrets
STATE DEPARTMENT.
The following charters were filed yester-
day in the Office of the secretary of state:
The Central City Westinghouse Elec-
trio company, of Waco; capital stock
$4,000. incorporates: NJ. D. Herring,
Sam Sanger, Travis Jones, Jos. B. Baker,
James Moore, eter McClellsnd, ". Fl.
Jones, James B. Blake and j. A. Saleman.
The Glinesville Gas and Coal company
filed an amendment to their charter in
creasing the capital stock to $4,000.
CoMPTRoLLER's DEPARTMENT.
Comptroller Mccall has adopted some
new regulations relative to the accounts of
sheriffs in the following cases, and they
are going to save the state thousands of
dollars annually. The deposits of yester-
were light.
| DEPARTMENT OF EDUCATION.
Superintendent Cooper yesterday sent
out the following:
| DEPARTMENT OF EDUCATION.
AUSTIN, Tex, October 8, 1888.
"Dear Sir-Yours of the Sd inst, sd
dressed to the encouragement has been
|
stance, how the apparent conflict in the
law requiring the county judge to attend
at his Office from day to day may be
reconciled with the law requiring him 'to
visit and examine ths schools of his
county.
"You also ask whether the commission,
ers' court has any authority for paying
any portion of the salary allowed the
county Judge under article 1886, of the
Revised Statutes, out OF the school lanG
interest money of the county.
SIN reply to the first question you are
advised as follows: By section 70, chapter
%, General Laws of the XVIII Legislature
enacted at the special session in 1884, re.
pealing all laws aud parts of laws in con.
tlict with said act, so much of chapter 16
of the General laws of the regular session
enacted by the XVIII legislature in 1888
requiring county judges to attend at their
offices from day to day was repealed as
conflicts with that part of section 43
chapter 25, of the General Laws of 1884
requiring county judges to visit and ex-
anime the schools.
1t is the imperative duty of cou nty
judges in counties having no county su'
perintendents to visit and examine the
scools of the counties. For failure to
perform this duty they are liable on their
bonds for misfeasance in office. In case OF
such failure it is the duty of the commits
sioners court, at least, to refuse approval
of the county judges account for salary
allowed him under the law for his ser
vices as ex officio superintendent of the
schools.
In reply to your second question, you
are advised that the the com pensation al
lowed the county Judge under article
1886 of the Revised Statutes can be paid
from the general revenue of this county
only. His compensation for his services
as school officer is fixed by section 40,
chapter 132 OF the General Laws enacted
by the Twentieth legislature at the regu-
lar session. This com ensation is paid
from the general school Iund of the cOuu-
ty, which is made up yof the available
state school fund appOrtioned to the
county and the available county fund.
The interest on the county school land
is part of the available countyfund, and
this fund, under both constitutional re-
vision aud statutory enactment, can be
diverted to no other purpore than
the support of the common schools.
The amendment to the constitution,
article 6, section 6, referring to county
school lands, declares that said lands and
the proceeds thereof, when sold, shall be
held by said county alone as a trust for
the benefit of the public schools therein
Chapter 50 of the General Laws of 1884
makes this provision of the constitution
operative, and section 46, cha pier %, OF
the General Laws of 1884, requires the
county judge to add the county fund to
the state fund and apportion the whole
amount to the school districts or commit
tees of the county after deducting his own
and the treasurers commissions. These
commissions so deducted remain in the
county treasury until they can be paid out
on the amounts actually disbursed by the
county treasurer in accordance with chap
ter 12S, section 40, of the general laws OF
1887, as hereinbefOre referred to-"
Very respectfully,
OSCAR II. COOPER,
State Superintendent Public Instruction
From Wednesdays Daily.l