San Marcos free press. [volume] (San Marcos, Tex.) 1877-1892, 1889-07-25
The Actual Status OF the Schoolhouse
Question Prof. Coopcr's Opinion.

Question Prof. Coopcr's Opinion.
We doubt not our readers will bt
glad TO have solution Of the public
schoolhouse MIDDLE. and We are glat
10 be able TO give II for their satisfac
ton. This ISOLATION is one Of the
pleasant results of the visit to THU
place on Monday OF Professor Cooper
State Superintendent OF Public In
btruction. BY appointment he met
several gentlemen favorable to the
proposed building at the store OF Mr.
Chas. Hutchings, where free confer
ence was had as to the law bearing
on the subject and the alleged diff
culties therein, Prof. Cooper finds
full and complete authority for the
erection Of the proposed new school
building in chap.55,sec. ] the General
Laws OF the Goth Legislature, emit
tied "TaSes by Cities and Towns for
the Erection of Public Buildings,
ETC." We give the title and section
in full:
CHAP. 55.-[H. b. No. 3d. An act to
authorize cities and towns TO levy and
collect taxes for the construction or pur-
chase of public buildings, water works,
I'm. Ia N
other permanent improvements, and to
issue bonds therefor, and to repeal all
laws in con hict Herewith.
SECTION l. Be il enacted by tho
Legislature of the State of Texas,
That the city or town council OF any
city or town within this State, incor-
porated under the General Laws,
shall have power by ordinance to
levy and collect I'm annual ad valorum
tax sufficient to meet the interest and
sinking fund on all indebtedness
legally incurred prior to the adop-
ton of the constitutional amend
ment in 1883 regarding the power
of cities and towns to levy and col
lect taxes, etc, and may levy and
collect twenty-five cents on the hun
dred dollars valuation of all the prop
erty in such city or town for current
expenses, and may levy and collect
an additional tax of twenty-five cents
on the one hundred dollars valuation
for the purpose of constructing or
the purchase OF public buildings,
water works, sewers, street improve
ments and other permanent improve
ments within the limits of such city
or town; and all cities and towns
providing for such improvements
shall have the power to issue coupon
bonds of the city therefor, in such
sum or sums as they may deem expe'
dent, to bear interest not exceeding
six per cent per annum; provided,
that the aggregate amount OF bonds
issued for the above named purposes
shall never reach an amount whore
the tax OF one-fourth OF one per cent
will not pay current interest and pro-
vide sinking fund sufficient to pay
the principal at maturity, and tho
amount of bonds legally issued under
acts passed prior to the adoption of
the present Constitution shall not be
computed in estimating the amount
OF the bonds which may be issued
for the above named city improve
rnents. Within the meaning Of this
net shall be included building sites
and buildings for the public free
schools and institutions Of learning
within those which have assumed, or
may assume hereafter, the exclusive
control and management OF the pub
lie free schools and institutions OF
learning within their limits.
Prof. Cooper expressed himself as
being clear in the opinion that the
above law gives complete authority
for tho erection of public school
buildings and the issue OF bonds
therefor by the city council, without
submitting the question to vote at
all. On the other hand Judge Wood,
al we are informed, holds that such
such O vote is contemplated by the
Constitution, because it is provided
for as to similar questions arising in
tho rural districts, and hence that
the plan proposed by Prof. Cooper is
open to the objection of being un-
while there is no law
for taking vote, and hence that
nothing can be done without further
action of the legislature. BY request
Of Mayor Hardy and Others, Prof.
Cooper was therefore asked TO get
tho opinion of the Attorney General
on the above legal point, which be
engaged TO do, and transmitIt at an
early day. 1t will be awaited with
no little interest.
If Prof Cooper's opinion is cor.
rect, and we may fairly presume that
i il, for he is most thoroughly well in ,
iormed on all subjects Of this kind,
md is not the man to speak at ran
ION on any subject, and If it should
be sustained by the AttOney-Gen-
sral, it will greatly simplify aud fAcil- 4
tate the attainment Of the end in ;
Lierr=flla ere-cfinn OF fhr nrnt,osefI