The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-15
laUOL TRUSTEES POWERS
(. xot IucIude Making Of Contracts
N for Text Books.
EmH CONTRACTS ARE HELD INVALID
Dcci.ion from the Attorney
"A 20 sustain the Decision.

..s,sv generals office concerning alleged
-,-acts entered INFO between trustees CT
-, districts aud certain publishing
muse, for the use of text books in the
.,hoops of the districts for specified
80 the alleged contracts bearing da e
eror to April /, 1898:
IAN + NJ. Carlisle, Superintendent, Etc,
mar Sir: In your letter OF recent date
~ submit to this department document
r-rortirg to be a contract be-
Asr the University Publishing
somnany and the trustees of the
voca hubble free schools in McCullosh
.onuty and request this department to fur
r,sh YOU an opinion as 60 whether sad
contract is binding obligation upon the
trustees OF said district.
1he contrao. referred to is an agreement
rsse ami entered into OH tha Ian day of
r.hruary 1897 between the University
prhlisbing company OF New York a ID New
nr,eans parties of the first part AMI the
trtstees of ths Voca Tree schools districts
Nns 2 and 6. McCulloch county, Texas.
~ said agreement the University PUBLISH
~ compsny in consideration OF the trus-
~ Of said school agreeing to introduce
shs hooks named in said contract into their
nph,.c schools and continue the use of sail
looks for term of five years from SGp-
tsu.ber G. 1897 agrees to furnish sail
mcoks 10 patrons OF said schools at the
mice fixed in said contract and to re-
<eive in exchange old books at certain
Etinulafed prices This contract was male
hrior 10 the taking effect Of the State text
took act chapter 164, page 23S, Acts
rVenty. fifth Legislature. by which ac,
he legislature provided for the adoption
N A uniform system of text books to be
,sed throughout the State in the public
schools: provided, however. in section II,
that any county city or town which has
assumed control of its schools and which
bas prior to April l, 1897. adopted any
Uniform system of text hooks shall not
be compelled TO comply with the provisions
Il this act prior to September l. 1892 or
until contracts heretofore entered into shall
have expired IL will be observed thai
school districts that have made CONTRACTS
are not ex mp. from the provisions OF this
hct. and therefore, putting the act into
bpera.ion in this district would result in
mpairlng this contract, and If this con-
tract is valid the effect OF the act being
10 impair the obligations OF a valid cen
tract 10 enforce the same in this district
Mould b. stltutional for the reason
That by the provisions of the constitution
bi the United States, article j., section 10,
Subdivision /, and also the State consN-
hutton, article /. section 16, the impair
nenr. Of contracts is prohibited. So tbs
buestion turns upon the proposition
whether or not the contract made by the
trustees OF said Voca school district was a
valid and binding obligation upon the
District. In determining this question we
mist look to the powers and authority
granted by law to trustees for 1t is
we'll settled proposition OF law that they
ran only exercise such authority as is
Delegated by statute and that no implied
kgel cy exists by which they may exercise
heir discretion In making contracts for
echoo districts which are not authorized
BY legislation.
Authorities-McGee VS.. Franklin Pub
lshing company, 80 S. w. Rep. $3.50
Texas); Hornaker VS.. Board Of Educa-
ion. "a S. E. Rep. 5i5 (W. Va); Es.es
rs. School District SO Msl 10; Gibson vs..
School District No. 8, Sc Mica, 4o4.
1t has further been decided that In deal
pg with school districts all persons arr
ound to take notice OF their official and
iduciary character and to know that they
tan only bind the districts by contracts
authorized by law. Bloomington School
trustees vs.. National Furniture company,
o. Ind, AZ; Honey Creek School District
s. Barnes, ll9 Ind. 2l3; Iverson vs.. Board
u School Commissioners, 80 Fed. Rep.
s5)
1t therefore becomes necessary to ascer-
ain whether or not the author
~ Is conferred by the legislature
'ron a common school district
rustees to make such a contract as that
n question. As the contract was made In
Ss7 the law comforting the powers upon
visiting trustees at that time must be
OOEn1 10 JTrnu rarafiY1 examination OIL
he statutes have been unable 10 discover
my provisions expressly comforting sucn a
lower uron the board of trustees. l iihu
nat the board of trustees has power 10 en-
10Y teachers, receiva any gift. grant. 10
ation or device made for the use OF tne
chool; they may determine how many
chools shall be in a district, where located,
hen they shall open and when they shaii
iose, manage and supervise tins SCHOOLS,
(pprove all vouchers and approve an
lther claims against the school fund OF the
htriat, may admit pupils over ana I'M
er scholastic age. may suspend from 'he
chool any pupil guilty Of incorrgible con-
(uci, the trustees take the census they
ave power 10 contract for buildings for
chool houses; purchase furniture (thls I'M
yer the law of 1890; may sell property DE-,
nnglng to the district; may leaae scno
ouses; they have control OF all properly
eonging to the district. This is in oriei
bout ell thu powers placed upon comm IN
cAool district truotees. 1t is apparsn'
hsd the right to make this contract II IL
ecahlrrei q, all, is conferred by ina
a0ss found in ariel. 1888, Revised stat
~. which reads as follows;
iney shall contract with teachers anu
&tase and supervise the schools sup
g 10 the rules and regulations OF lhe
puuty erd St:te superintendent.
II may he commended with some degree
FEASIBILITY that the power to manage
SUPERVISE the schools necessarily III
uss the right for said trustees TO oe-
mime what text books shall be taugh,
laed IN saie schools. This | shall not
Nfmine, because the right or power 10
re what text books shall be useu
.ne school does not necessarily carr!
IN II the right to contract with a pup
ing house TO use certain books TOT a
seihea tine. Between the power TO de-
l-ne what books shall be used in inc
as ~ and the power 10 bind the district
.ae use OF certain books to the exclusion
o.ners for specified period there Is
~ instruction. BY the first the district
- no wise bound; the matter is sun IN
ns,ls OF the trustees, and at s'-g time
see proper they may change book
- IN use in the school. BY the secoh d
seaool district is bound; for the psiloi
a's mentioned in the contract. Inc
~ OF the trustees to change the books
.sse.n upon is taken from them. Inc
mike the contract Is not neces-
49, aegt to the mower TO regulate ana
~, the schools. In the case Of lverson