The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-08-01
GOV. u. s. ROSS,
Commander-in-Ohief.

Commander-in-Oh Chief.
W. H. KING, Adjutant- General.
Capt. SEEKER will start on his tour of in
spection about the first of next week. He
will visit the com panies at the follow
ing cities and towns: Giddings, Brennan,
Houston, Orange, Jasper, Naoogdoches-
Galveston, Wharton, Victoria, Cuero, La
Grange, Fioresville, San Antonio Boerne,
Bracket, SeSuin, Columbus, Bastrop,
Columbia and Brazoria.
Capt. SEEKER returned yesterday from
Round Top, in Faystte county, where
he went to investigate the
bursting of oanonn on the
Fourth of July. 1t seems that the
citizens OF Round Top got the gun two
years ago and gave a bond of $1,000 for
the safe return of the gun. Capt. SEEKER
reports the gun com plete wreck. From
what he could learn, it appears that the
cannon was overloaded. Five pounds of
powder were loaded into the gun and
then cotton and moss were rammed upon
it until the gun was three-fourths
full. The gun is three inch rifle, and
the proper charge of powder is one
pound. 1t will be remembered that the
explosion killed Mr.. j. G. Kaiser, the JUS
tice of the peace, and wounded Messrs.
Scheige and Gimgel. The wounded are
rapidly recovering.
SECRETARY OF STATE.
The Oak Knoll Cemetery association, of
Bellville, filed its charter yesterday; assets,
$500. incorporates, j. p. Bell, A. B.
Gardner, @. F. Helmuth, Jos. q. Shell
burne, s. r. Blake, E. E. Holtkamp, A.
Chesley.
Permission to do business in this state
yesterday granted to the Clark g. Stuyve-
SAINT Grocery company, OF st. Louis.
EDUCATIONAL DEPARTMENT.
Superintendent Cooper yesterday re-
ceived communication from Hon. A. p.
Woodbridge and Judge z. L. Fulmore, of
the Austin school board, asking his opin-
ion as to whether the board can employ
an expert to teach manual training, to be
paid out of the school funds.
Upon a request from San Marcos Super
inteDdent Cooper has obtained the follow
ing important opinion from the attorney
general:
Hon. o, H.sCooper, Superintendent Public In
struction, Austin, Texas:
By your letter of the 23d inst, calling
for an opinion of this department, you
ask the question: "Has an unincorporsted
city or town control of its public free
schools, the authority through it's council
to issue bonds for public school houses
without vote of tWo-thirds of the tax
payers thereof"
The legislature by act of 1887, general
laws, chapter 55, settled this question
afirmatively in unmistakable words. IN
der SEQ ion 8, article 8, Of the amended Con
stitution, any incorporated city or town
on legislative authority, may levy tax
for the erection of public buildings. The
legislature by said act of 1887 has con-
strued the term "public buildings" build
ings for public free schools and institu-
tions of learning.
The provisions of section 3, article 7, of
the Constitution, may not have been in
tended to apply to cities and towns con-
shutting independent school districts, as
they are expressly excepted from the
limitation upon the amount of the district |
tax therein authorized. The purpose of |
the tax mentioned In said section is to aid |
in the maintenance of public free schools |
and the erection of school buildings |
therein. The exemption, therefore,
of cities and towns from the
limitation upon such purpose, would
imply that such corporations
should look to other law for authority in
performance of their duties toward the
public free schools. By section 10 of
article u, the legislature is authorized to
constitute incorporated cities and towns
separate and independent school districts,
and to confer upon their councils un-
der certain restrictions on two
thirds vote of the taxpayers
of such city or town, the authority
to levy and collect tax for tbs support
and maintenance of the public iDstitu-
tions of learning. Neither by this section
nor by section 8 of article z before re-
ferred to, is a city or town expressly
to levy tax to build school
houses. The only constitutional limits-
ton or authority on the question seems
to be in section 8 of article 8 under which
the legislature acted as aforesaid in passing
the law of 1887, and such act is doubtless
correct.
In answer therefore to your question !