El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-12-02

as is shown by this statute and other
| statutes. in chapter 16. title So, of tb e
revised statutes of 1895, are to dis
| charge all the duties to be di- charged
in connection with the public free
schools in such district, exclusive of
any control or power on the part of the
CT y count H. By this act of April B.,
auxiliary board of trustees, and has
taken charge of any or all of the pub
lie schools, The city council is left with
no power sotter than that of simply
levying the tax annually that may
| have been, by vote of the people,
| provided for.
| 1t will be noted that in this act of
April ), 1879, no provision IS made
whatever for the levying and collec
| ton OF tax to support the public
schools, in a city or town organized
with an auxiliary board of trustees,
and after it's passage in 1879 the only
law'remaining n force providing for tt 9
levying and collecting of tax, Or the
ascertaio ment of tax, were art cles
1885 and 1886 Sayles statutes And
article 1886 refers particularly by num-
Der to article 1871 under which Ell
Paso was organ zei as an independent
school district.
The fact that there are, and have
been always, two different and distinct
kinds of independent school districts
recognized by law is appar upon the
face of chapter 4, title IS, Sayles sta
'utes, aud upon the face of chapter Is,
titles Sc, of the revised statutes of 1895.
Articles 1888 A of Sayles statut 8,
which was first enacted in 1888, is based
upon the idea that there were at that
time two separate distinct kinds of
independent school districts. Article
1888 A, auth orizes as will be MOTTO d.
the city council to appoint six persons
as board of trustee, and makes the
mayor ex-officio chairman of a board.
The act of April 3, 1879, contains pro-
visions entirely ip cons steut with TT is
idea. Under the act of April 3, 1879, a
board of trustees must be elected, al d
full provision is made for the holding
of an election for the selection OF
board of trustees.
Articles 1905 to 4O12 and 4OI3 to
4O17 and 4O17 to 4O33. of the revise d
statutes of 1895, show that the leg s'a-
ture still has in mind, and has alway
kept in mind, the radical distinction
between an Independent school district,
organized under article 1904 of the |
rev ised statutes of 1895, which is iden- |
tical with article 1871 of the revised |
statutes of 1879, and an ipdependel f
school district organized under th.
provisions of article 1905, as it now |
exists, in the revised statutes of 1895.
AS the C ty of Ell Paso. ever since |
March, 1852, has been recognized as, and
has conducted it's affairs, as an indie
pendent school district, we urge, furth
ermcre, that in this collateral proceed
ing, which is simply to enforce the
payment of a school tax, the question
of the legality of its organization as an
school district cannot be
raised. We have no doubt, whatever,
of the correctness of the proposition
we have taken about this matter in our
brief as well as the foregoing part OF
this argument.
THE SEWER BONDS.
The action of the court of appeals,
holding that the sewer bonds are in
valid because excessive. per cent be-
ing the limit permitted by the charter,
is doubtless to sustaining the'taX payers
9th assignment of error which pro-
vides the provision for the sinking
fund of the Ell Paso sewer bonds made
prior to their issuance was and is il
legal and void, the said sinking fund
being a tax of sufficier amount annual
ly to pay the interest on said bonds and
to provide per cent of the
amount of said bonds as a sink
ing fund to redeem the same at
and the charter under which
So id repds were Issued only authorizing
q sinking fund sufficient to pay interest
and to raise per cent per anpum of |
the face of said bonds as 4 sinking fund
to redeem the same.