The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1888-08-02
A BLACK EYE.
The Able Efforts of Distinguished
City Councils Checkmated.
Their Interference With School
Affairs Entirely Gratultous
and Without the Sanction
of the Law.


The attorneys general yesterday ren-
dered the following opinion to the state
department of education, aud i. fully and
very forcibly explains itself:
ATTORNEY GENERALS OFFICE, AUsTIS, TEXAs,
July y, ISIS
Hon. o. +. Cooper, Superintendent of Public
destruction, Austin, Texas:
Dear Sir-You ask, By communication
of the Is b, an opinion OF this department
ON the following questions, tO-wi;:
"In cities and towns in which control of
the schools has been assumed and boards
of trustees elected with power to appoint
treasurers, and treasurers have been duly
appointed, has the city treasurer any
right 20 receive and disburse the schoo!
fund.-
You are respectfully answered that be
has not.
The constitution requires the legis!a u-e
to establish and make suitable provision
for the support and maintenance of an
efficient system of public free schools,
art. I, Sec. ~; and TO that end, among
other things, it is authorized to consti-
iute any city or town a separate, indie
pendent school district, art II, Sec. 10Y.
Obeying the behest in the exercise Of
the discretionary power conferred upon
1t, the legislature has provided for the
erection and maintenance OF a general
system of public free schools. Without
this no such school would be authorized.
These of towns and cities, upon certain
conditions and within well defined limi,a-
tiors subject to general law so far as sp-
plicable, are transferred to municipal
control through the council; or to lode
pendent district control under q board Of
trustees as shall be settled by election.
Under the Revised Statutes whenever a
city had in compliance with law, taken
charge of is .cao its council or beard of
aldermen at once, we're vested with excu-
sive power to maintain, regulate, control
and govern th m, for which purpose ordi
nances, rules and regulations not incon
sistent with the constitution ard laws
could be passed. R. s. Arts. 37Sl and
1881
By the general laws of 1879, page IS,
when the electors passed upon the
question as TO wh=ther a city should
acquire exclusive control of the public
free schools, they also mad TO decide
whether the same should be under the
control of board of trustees, or of the
council, or board of aldermen.
If the election was decided in favor of
city control of the schools, and that they
should be under the management Of q
board of trustees, the authority of the
city council over them was by that action
withheld or denied.
At once the schools become independent
in a great measure of the regular city
government.
The electt d board of trustees, together
with the county Judge and mayor as ex-
officio members thereof, are empowered
to adopt such rules, regulations and by
laws for their own government as
they may deem proper, and to select
their treasurer and other necessary
offic rs in I operation and management
D, the schools which they control. To this
board is delegated as exclusively the sans
powers, control, management and gov
eminent of and over such schools as could
possibly be exercised by the ely council
| if the election had committed their keep
| ing and control to it.
The city government has its treasurer
with duties prescribed and so has the
Jude pendent school district of the city tbs
right TO its treasurer, whose duties il
detail that are prescribed by law are &c
depend upon the regulations adopted By
the board of trustees appointing him
The very purpose and object in the selec-
ton of treasurer by the board
Of trustees can only be to
have him receive, receipt, be
responsible for and disburse the funds
for school purposes, under such rules
and regulations as this body, in whom is
reposed the delicate trust, may adopt in
the exercise of its discretion as - what
is best for the efficient maintenance OF
the public free schools of the city.
In the school funds the city treasurer
has no interest nor official control what.
ever. And with much consideration and
respect you sre so advised. Your ODE
dent servant, JAS. 5. HoGG,
Attorney General