The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1890-12-25
NEWSY NOTES PICKED UP IN THE
STATE DEPARTMENTS YES
TERDAY.
Items of Interest for the People and
Ofticials-Figures and Opinions
for County Officials.
EDUCATIONAL DEPARTMENT.
The following explains itself:

lie Instruction, Austin, Tex:
DEAR SIR-From your letter of the 2lst
ultimo, which has not had earlier attention
because of press of urgent official bust
ness before this department. it appears that
at some time prior TO the year 1887 school
district No. 81, of Dallas county, was duly
created, and lot of land situated within
said district was conveyed TO the county
judge and his successors in office tor public
| tree school purposes. Upon this 10, was
erected a school building for the use of SAID
district, and it was so used until some time
during the year 1887 when the corporate
limits Of the city OF Dallas were extended
brace part Of said school district,
including that part of it upon which
the school building now stands
| The city of Dallas has now, and had
prior to that time, exclusive control of the
| public free schools within its limits, their
management being vested in a. board of
trustees elected and organized under an ac
of the Sixteenth legislature, approved
| April 3, 1879, and acts amendatory thereto;
and these trustees, since the extension of
| the corporate limits of the city, have used
the lot and building for public free school
purposes of said city. 1t is now proposed
by the authorities of the city to erect
more substantial and commodious building
upon the lot i'll question, to be used for
public free school purposes in said city,
| but the suggestion Is made that that por-
| ton of district No 81 no included in the eX
tension of the corporate limits of the city
| may hold some right or title to the lot, and
| the question whether or not it does is the
| ore submitted for the opinion of this office.
| In school districts where a house is to be
erected to be used for public free school
purposes so much of the available fund to
the credit of the district for any one year
as the county judge may deem
expedient or necessary may be
used for the purpose of con-
structing such building; provided, that the
ciIizens of the district "must contribute of
their labor or means, or both, an amount
equal to one.third of the school fund so
used, and suitable piece of land shall be
donated as site, and a deed therefor shall
be executed and delivered, conveying good
and sufficient title IN fee simple in and to
such land to the county judge and his sue
cessors in office, in trust for public free
school purposes" (Act of April 2, 1887,
page 1851 1t appears that the lot was do
mated and the house erected in the manner
and by the means there provided.
By an act of the Twenty. first legislature,
approved March 81, 1889, it is provided,
among other things, That in all cities and
towns in this state which have assumed or
may hereafter assume the exclusive man
agement and control of the public free
oCuOOlS WlInlll JllclI llllllIS, anu WnlCll nave
determined or may hereafter determine
that such exclusive control and manage
ment Of the public free schools within
their limits shall be in board of trustees
and organized under an act of the sixteenth
legislature, approved April 3, 1879, and acts
amendatOry thereto, the title to all houses,
lands and other property owned, held, set
apart or in anyway dedicated to the use and
benefit of the public free schools of such
city or town, including property heretofore
acquired, as well as that which may here
after be acquired shall be vested in the
board of trustees and their successors in Of
fl in trust for The use and benefit of the
public free schools in each city or town. and
such board OF trustees shall have and eXer-
else the exclusive possession thereof for the
purposes aforesaid" (Acts 1889, page 1891
By subsequent provision of the same act
the trustees are given power to protect the
titles, possession AID use of all such prop
erty, and 10 bring any suits that may be
necessary to recover the title and possession
of any such property that may be adversely
held, etc.
When the co,p orate limits of the city of
Dallas were extended over portion of the
territory of School district No 90, including
the lot in question, the city became the sue
cessor of said school district in all matters
relating to public free schools WI hin the
territorial limits embraced in the extension,
and the jurisdiction which the district had
before exercised within such lin its was
thereafter wholly excluded, and such juris
diction became vested in said city, or the
authorities thereof having in their control
the management of public free schools.
"Hhere can not be at the same time, within
the same territory, two distinct municipal
corporations, exercising the same powers,
Jurisdictions and privileges" Dillon mum.
cipal corporation, section 1874.
Under the law of March u, 1889, before
quoted, when the corporate limits of the
city were extended so as to embrace the
lot the board of trustees Of the city sue
ceeded, as newly created statutory trustees,
to the title and possession of the lot and
the Improvements thereon. That portion
of school district No. 81 lying without the
city has no title to or right to the posses
sion of said lot, and the board of trustees
of the city may safely make any improve
ments thereon, to he used for public free
school purposes, that may be deemed eX-
pedent and proper. School Town of Lees
burg VS.. Plain School Township, Sc Ind.
582; School Township of Allen VS.. School
Town of Macy, 100 Ind. $50; School Dis
trict No. l VS.. Richardson, % Pick.
Mass } 81.
Whether or not the city might be made
directly liable to the school district, as it
now exists, for any part of the value of
said house and let is question not Ere
scented by your inquiry and need not now
be considered.
The conclusion here reached applies
equally to the case presented by your favor
of the 2Sth ultimo, which arose at Merkel
in Taylor county; there is, in principle, no
substantial difference between the two.
Very Respectfully,
(SignedD JOHN T. CRADDoCK,
Approved: Office Assistant.
5Signed) Us. HoGG,
Attorney General.
EXECUTIVE OFFICE.
The following kilograms explain
themselves:
MExIA, Tex, Dec. 90, 1890.
To His Excellency, Gov. Ross, Austin,
Tex:
DEAR SIR-Fatal epidemic prevailing at
Fairfield. Eleven deaths in six DAYS out of
thirteen cases. Citizens there want state
health officer at once. People demoralIzed.
Answer. W. L. DOYLE,
Mayor of Mexia.
To w. E. Doyle, Mexia, Tex:
The state health officer has been ordered
to proceed there at once. What is the IA
ture of the disease?
l.. S. Ross Governor
To the above telegram the governor re-.
ceived reply last night, saying: Disease
affects the head and spinal column; one
IL Al