El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-12-10
TO CORRECT THE JUDGMENT.
GContinued from third psge.1

TO CORRECT THE JUDGMENT.
| CONTINUED from third psge.1
| in Art. 4OO6, q board of trustees is vot
| ed for and afterwards elected, they
have peculiar duties to perform and
are vested with almost absolute con rO
of the pub bile free schools. The county
| Judge and the mayor of the city are
| made eX officio members of the boa. d,
ana the board is declared to be bod
corporate possessing ali essential cor
porate functions, and by the terms OF
these articles the title 10 all school
properly is vested in such board OF
trustees as body corporate, and the
treasurer of the board is required 10
give bo1d, and is entrusted with all
of the school funds, and the city trea-
surer has no business connection wha :
ever with the funds of such an indie
pendent school district. Now, that tn S
is true, with the plain language of these
articles before u.s. we must be certain.
How then can the language of Art. 403l
of the revision of 1895 Bound e-stOOd:
IL declares that whenever any city or
town shall have assumed control of the
public schools therein, as herein pro-
vided, the treasurers of said cities or
towns respectively, shall have the
duties as are herein prescribed for
county treas II ers, so far as the same
are applicable. And how can the pre-
visions of Art 4O32 of the revision of
1895 be understood? This article pro-
vides that the title to all houses, lands
and other property now owned, or
which may hereafter be purchased or
acquire by said city or town for the
benefit of the public free schools and
l. L. "a l.,
quire 4 - for the benefit of public
free scho OILS within the county and lay
ing within the limits of any town or
city which may have assumed control
Of the public free schOO within its
limits in conformity with law, shall be
vested in the mayor OF said city or
town in trust for the sole use of the
public Fl ee schools established under
this chapter.
Art 4O31 of the revision of 1895, is
the same as Art. 1871 of the revision Of
1879, and Art. 4032 of the revision of
1895 IS The same As Art. 1892 of the re-
vision of 1879, and they bo,h evidently
refer to Independent school districts
organized under the provisions of Art.
1904 of the revision of 1895 which is
the same as Art. 1881 of the revision Of
1879.
We have already referred to the
peculiar language of Art. 1888 of the
revision of 1879. 1t says, that the
council or board of aldermen of such
city or town shall have exclusive
power to maintain, regulate and con-
troll the public free schools" We
nave shown that this expression con-
meets itself directly with the cities and
towns mentioned in Art. 1881 of the
revision of 1879, and if, as the appellant
claims, and this court has held, Art.
1871 of the revision of 1879, was re-
pealed by implication, Art. 1888 must
nave been repe .led also by implic alton.
But Art. 1888 could not have been re-
pealed up to 1895.
In recent case determined by our
suprIm court, to-wit: Board OF Trus-
tees of public schools VS.. City of Sher-
man, AZ Southwestern $40 Art. 1888
of the revised statutes of 1879, is de-
cIared to have remained in force up to
the year 1895, at least, and the case was
decided in favor of the board of trus-
tess, through a process of reasoning
based almost entirely upon this fact
AS we have shown, Art. 1888 could not
have remained IN force unless Art.
1881, without which it has no meaning,
also remained in force.
1t should be remarked also, that the
existence of the city of Ell Psso as an
independent school sdistrict, is directly
reco gnized by the legislature in the
special act of 1889 Incorporating the
city. In Sec. SO, of the said special act
the city of Ell PasO, (page
30 of the special acts of 1882, it is de-
CARED that the city council shall have
power by ordinance annually to levy
and collect, ETC., taxes not exceeding
)ne half of one per cent. OF the asses
'ed value of property to maintain the
Nh ,.f anh ~,
not be exercised and the legislature in
1889, under the constitution, could no,
confer the power, unless Ell Paso, at
hat time, was recognized as an indie
PENDENT school district.
Again, in the amendment to the city
harter of the city of Ell PAso, (see spe-
ial laws OF 1893, p. 43), the city council
5 given authority directly by ordiu-
nee annually to levy aud collect taxes
Or the support of its public free
chools. This power could not have
zen given In 1893 unless the legisla- |
ure recognized the city of Ell PasO as |
q Independent schoOl district.
In this connection we desire to refer |
his honorable court to the following
asses:
Bryan VS.. Sundberg, 8 Texas p. 423;
tirmsn VI. Sac, II Texas, p. 1874
n Oh hold,
That a construction which repeats
former statute by i'm plica-
lon is not to be favored, and st .tutes
ari materis, and relating to the same
ubject, are to be taken and consider
d togett err, because it Is TO be inf erred
tat they have one object in view and!
ere intended to be considering as
ons tituting one entire harmonious
vstem. And it is only where the new
'deps ndent and the entire 81 stem re-