El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-12-10
School Board Meeting.


The Ell Paso board of education met
yesterday afternoon pursuant to ad-
journmept at the Central school build
ing, with these members present:
President Race, Treasurer Foster,
Score airy Pew, and Messrs. Blacker,
Martin, Shelton, Harper, MagOffin and
Supt. Putnam.
The chair said the meeting was to
hear the report called for from City
Attorney Judge Kemp as to the boards
'egal existence, and the right OF the
tire asurer to disburse funds. Secretary
Pew then read the Opiuion, as follows:
1 consider from an investigation of
the authorities that the school trus-
the board are officers de factO (if they
are not officers de jure) that their acts
ca n not be questioned collaterally, and
that in the Interest of the public and
their parties, under the present status
of school matters, it is both their right
and duty to proceed in the exercise of
their functions in the regular manner
and course heretofore pursued under
your rules. Respectfully,
WYNDHAM KEMP,
AttOrn ~
President Race s ated that prominent
members of the local bar had advised
W leu udttOtS LII 6Udvu 4uC
until after the decision of the supreme
court. Moreov there we're citizens
of means willing to stand financially by
he school system in the way of
guaranteeing the payment of salaries
for the ensuing sixty days without
charge for the use of the money.
Mr.. Martin here asked Treasurer
Foster if he still hesitated about dis.
bursting the funds in the usual way.
Nv ind
Judge Kemp responds to but enc of the
questions propounded by the road, but
the other addresses itself to the dis
erection of the body. The main ques-
ton is, are We legal body. It Is a
serious question whether or no, the
trustees are de facto officers. If the
board has been properly organized,
then the officers are unquestionably
de jure officers: AS member of the
in conjunction with the others. and if
my bOndemen do not object, will pay
out money as this board direct, if the
mem bers of the board will join in as
sumiug the liability. My bondsmen
were not expected to take such chances
when my bond was opposed. There is
\ way to Obviate such questions. Oar
finances can remain just as they are I'M
til all questions are settled, aud friends
will furnish money to carry on the
schools.
Secretary Pew said that the president
and secretary were as much responsible
for the funds as the treasurer.
Judge Harper said, as far as am
concerned, [ think it would be we'll to
rescind the order of last meeting. I'M
less resources for the payment of sal
aries appear, without coming directly
through the school board. The Judge
moved that the motion made by him at
the last meeting be rescinG ed. This
m tiCn was seconded and the matt
thrown open for discussion. The Judge
said: The boards being de factO Or de
jure is que ton and one which
lawyers do not agree upon. We are
either actual officers or else in no
sense officers. The teachers will
feel doubtful as to their salaries
unle's assured thev will receive their
az. But people who advance money
for the salaries must tase the risk of
getting their money back. Perhaps
tt e new school board may not have the
power to pay off outstanding in
debtedpess Either stop the schools
or pay the money from cash now on
hand.
Mr.. Pew held that what should be
paid was the war-au's issued before
court We should proceed on the n.y.
that the decision will be sus-
famed in the highest court. The mo-
ney we have comes from TT e city direct.
Mr. Foster said, we have an election
pending ard our status may become
legal and unquestioued without the
action of the courts. by the approach.
ing election, and any supposed defe,ts
in our system be wiped out. The new
board will be legally antho rized to adj
on the schools.
Judge Blacker did not think tie
teachers were worrying; and Mr.. Pew
advised to pay up the old warrants
ss soon as we get the money. Supt.
Pullman thought that If the teachers