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

i is election TO ass sumo control of the
free schools:
sArticle 37s1. Cities and towns NAV
control fir, schools. All cities and
act of MAY 2, 1915, or any subse quent
law, assumed control of the public free
schools within their limits, ard have
continued to exercise the same until
the presen. time or may hereafter con-
tinue to do so by majority vote Of the
property tax payers of said city or
town, voting at an election held for
that purpose, may have exclusive con-
troll of the public free schools within
heir limits"
The act of April 3, 1879, which the
court Of app eals helds, has repealed ar
ticle 1871, provides that the mayor of
tn e city, upon application of not less
than fifty qualified electors, may order
a election within twenty days of such
application, to decide by majority
vote whether the city shall acquire eX-
elusive control of any or all of the pub
lie free schools within its limits, and
whether the same shall be under the
control of board of trustees or the
city council; that if it be decided at
such election that the city assume such
control, and that it be under the man
agement of board of trustees, then
the mayor within ten days shall order
an election OF six trustees to take
charge of such pubic school,; and it
further provides how the election
shall be held, and the powers that sur
round he board of trustees.
ARGUMENT OF TAX PAYERS.
By the express terms of Sec. 20,
Final Title of the Revised Statutes,
1879 (See the Revision of 1879, page
49, the act of APP 3rd YVES the law
of ha ct az in this
Arts. 1871 and 1882, to the contrary
Notwithstanding" 1t is manifs silly
impossible to suppose that at the date
of The election held in Ell Paso. on
April 4th, 1882, both the act of April
3rd, 1879, and the articles mentio' ed
were in force. The act of Aprii-3rd
covers the whole ground and provides
cities and towns can obtain cont oil of
their public schools. Fifty qualified
voters must petition the mayor and he
thereupon must call an election of all
the qualified voters. And must or may
submit numerous questions for their
decision, such as: Shall the city as
sumo control of all the public schools
therein? Shall the city a assume control
of part mentioning them,) of the
public schools? Shall the city council
control the public schools? Snalla
public schools? The law as pre-
viOusly existing and incorporat-
ed in Arts. 1871 and 1882 is radically
different. Twenty property taxpayers
poti'icned the city c~un"il and that
body ordered an election of the pro-
perty taxpayers, who were also quail
fed voters of the city. and the only
que ton that could be submitted was:
Shall the city assume control of the
mn h ia frna Schools within ire
The inconsistencies between the two
statutes are manifest. The petitioners
for the election are different in num-
Der and in class The authorities Or
derine the elections are different. The
questions to be determined at the cleo
tion are different and above all the
aualifica tions of the voters are funda-
mentally different. In one case only
voters who were also property tax
payers could vote. In the other, all
voters of the city whether Taxpayers
o. no bad the right vote.
If the voters of Ell Paso de.ire to con-
troll the public schools in their midst,
and to be taxed for their support it
will be easy to acquire the power at
any time by complying with the law
aud by then calling an election of tax
payers to authorize the tax. IF they
bave no such desire they should not be
compelled to do that which is contrary
like to the law aud to their wishes.
The decision of the lower court is not
supper ted by the law and the court Of
civil appeals is respectfully urged to
reverse that decision and to uphold the
law. No harm can be done by uphold
ing the law and a decision of one of
our appellate courts sustaining the
Judgment of the trial judge would but
furnish pernicious precedent fruitful
nn1u of evil No 0nn6 cnnl6 rPSnit from
such decision other than to wriug
from reluctant property owner mail
sum that was levied by virtue of
doubtful power illegally obtained.
ARGUMENT FOR CITY.
Mr.. Patterson'S argument was as fol-
lows:-We insist, as we have hereto
fore insisted in our brief filed, that
there is no material pc nj raised by the
appellant in this case in any assign
ment of erro-, except the 33rd and 34th,
that should be considered by the court
proceeding upon the part of the city Of
Ell Paso simply to collect delinquent
taxes.
The point made by the appellant in
his first assignment of error is based
upon the ide. that article 1871 of the
revised statu eS of 1879 was by the act
of April 3. 1879, repealed, and he insists
that this app al arises by virtue of in
plica ton Articles 1882 A of Sayles
statutes is the same as section of the
act of April 3, 1879, chap'er 81, of the
acts of the regular session of the 16th
Legislature. It contains provisions
which had not been made by law prior
to it's enactment, and authorizes CITY
or town to vote upon the several
proportions mentioned 10 it, qualified
cleo ors being authorized to vote, and
it provides for the organization OF, or
election of, an auxiliary beard of
ruste IS who, IN case of their e'sctiop,