The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1888-10-25
AMICABLY SETTLE ED.
The City School Board Peacefully
Falls Herr TO the Arsenal Block.


The mayor and city council at the time
laboring under the impression that they
had control over such matters, returned
the deed to the war department.
The question was then submitted to the
state department of education, as to who
had control of the city school property
and the city schools, the trustees or the
mayor and council.
The question was referred to the attor-
ney-generall who rendered the following
official opinion:
ATTORNEY GENERALS OFFICE, J
AUSTIN, Sept. u, 1888.
Hon. o. II Cooper.
Dear Sir-By letter you state substan-
TALLY that by virtue of an act of congress
of the United States the secretary of war
conveyed, by deed, to the city of Austin,
for educational purposes, tract of land
known as the arsenal block" and that
said deed was delivered to the president
of the board of school trustees of the city
of Austin. That the mayor of the city
by virtue of a resolution of the city
RETURNED
said deed to the war department and de-
city, notwithstanding the school board,
other than the mayor, unanimously de-
sired to accept the property. You then
ask the opinion of this department upon
the following queries, to wit: "What are
the rights of the mayor and the city coun-
Gil in the premises? Can such a public
trust be refused by him, and is not the act
of congress and the deed OF the secretary
of war in pursuance thereto
COMPLETE CONVEYANCE
of the property to this community witho ut
any act on the part of the mayor or city
council, and is not the acceptance of said
deed by the school board a sufficient &C.
ceptance under the law? In whom does
the exclusive management and control of
school property, as we'll as of school disoi-
pine, rest; in the mayor and city council
or in the city school board?"
The solution of the questions involved
depend upon the terms of the act of con-
gress authorizing the conveyance of the
property in dispute; and the provisions
of the law regulating the control and
management of public schools in cities
and towns which have assumed exclu-
sive control of public schools within their
limits.
The only condition contained in said
act of congress is as follows provided,
that any conveyance made by the secre-
tary of war pursuant to this act shall be
upon the express condition that the title
to the property described shall
REVERT TO THE UNITED STATES
whenever the city of Austin shall cease
to use the same for educational pur-
poses." From the above language it
is perfectly clear that no act of
acce ptance or rejection on the part of
the city council was necessary to either
vest or divest the title to the property.
The condition of defeasance was one of
"non-user" and not one of acceptance or
rejection. When the secretary of war duly
executed the deed, conveying the property
to the city in accordance with the terms
of said act, the title to the same vested in
the city for school purposes, and no act,
save that of non-user, could divest it. The
question then arises,
WHO HAS AUTHORITY
to determine whether or not the city shall
use the property for school purposes {?
Does it vest in the mayor and city council,
or does it legally belong to the board of
school trustees? By the act of April 3,
1879, General Laws of Texas, pages rs
and II citiss and towns were
authorized by a majority vote of their
qualified electors to assume exclusive CON
troll of the public schools within their re-
spective limits ard at the same time to de-
termine whether the management and con
troll of said schools should be entrusted to
the city council or to board of
SCHOOL TRUSTEES,
composed of the county Judge of the
county in which the particular town or
city may be situate, the mayor of said
city or town and six trustees to be elected
by the qualified electors of said city or
town. If the latter we're chosen, then by
section OF said act it was provided that
"said board Of trustees shall have and ex
ercise
EXCLUSIVELY
the same powers, control, management
and government of and over such public
free schools and institutions of learning
in such cities or towns as are now or here
after may be by law conferred upon the
council or board of aldermen of such cities
or towns where such council or board of
aldermen are invested with the control of
such public freq schools"
Under this act the city OF Austin, on
the 10Th of August, 1880, assumed ex-
elusive control of the public schools within
its limits, and placed the
MANAGEMENT
of the same in the hands of a board of
school trustees, and on the Goth of
September following elected its first
board, which system has prevailed ever
since.
The powers, duties, etc, of the board of
trustees being the same as those conferred
by law on the city council or board of
aldermen when the latter have control and
management of the public schools, it
becomes pertinent to inquire, what are the
powers and duties of the latter in the
premises? They are defined and de-
scribed in article 1888 of the Revised
Statutes of Texas, which is as follows:
The council or board of aldermen of
such city or town ara invested with ex-
elusive power to maintain, regulate, con-
troll and govern all the public free schools
now established, or hereafter to be estab-
lished within the limits OF said city or
town; and they are furthermore authorized
to pass such ordinances, rules and regula
tons not inconsistent with the constitu-
ton, and laws as may be necessary to
i