The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-08-19
THE SCHOOL SITUATION.
aayor Brashear's mo Pay Order Is Fur.
Their Discussed.
SCHOOLS WILL Be OPENED SEPTEMBER IS
ar the Mayor Closes Them" says
Secretary Shenrn, "the Hesponsi-
biIity VIII Rest with Him."

Mr.. Charles Shearn, secretary of the
school board recognized as the legal board
| by decree of Judge Tod of the Eleventh
district court, in the recent Injunction
proceeding, was asked by representative
of The Post yesterday what he thought OF
the recent order of Mayor Brashear In
refusing to pay for any school supplies
unless ordered by him and II 1t had been
customary for the mayor to order supplies
for the schools?
II hardly know what to think OF the
mayors order" replied Mr.. Shearn. NO,
1t is not customary for the mayor to order
supplies for the schools. The board has
regular purchasing committee through
whom all supplies are ordered the bills
are then approved by the finance commit
tee and paid by the treasurer
Our bylaws regulating the action Of the
board and defining the duties of the presi-
dent of the board, who hitherto has been
the mayor, provide as follows.
" Section 4. The president shall pre-
side at all meetings of the board, enforce
the rules, sign all contracts, countersign
warrants drawn on the city treasurer, APP
point all committees and shall himself
serve on at least two standing commit
tees
Section (a). The committee on
finance shall examine and pass upon all
bills and claims against the board, in
Guiding the monthly pay roll
Section (c) in defining the duties of
the purchasing committee says This com
mittee shall contract under direction of
the board for repairs and. purchases and
whenever the amount to be expended shall
exceed $500, bids shall be advertised for
etc.
There is nothing in the bylaws provid-
ing that the mayor shaa order supplies
and | fail to understand ,he mayors no
tice that no supplies will be paid for out
of the school fund unless ordered by
him.
do you think this order of the mayor
will interfere with the running of the
schools?"
Not materially. Anything furnished
the schools through the proper and legiti-
mate channel will have to be paid for
sooner or later and if those who furnish
supplies can not get the cash on demand
! believe they would all be willing to ac-
cept certificates of indebtedness from the
school beard and take their chances on
getting the money.
"All the teachers except two or three
have already filed with Superintendent
Kimbrough their acceptance of their ap-
pertinent,
I'VE intend to go on and open the schools !
on September is and if Mayor Brashear
closes them by Withholding the money
necessary to run them he will have to
stand the consequences.
Mr.. w. C. Oliver, of counsel for plain
tifs in the school superintendent injunc-
ton case, was asked as to the legal aspect |
Of Mayor Brashear's order and whether
or not it was violative of Judge Tod's re-
order.
Il do not regard it as being in CON
tempt of the decree of the court. Mayor |
Brashear is too shrewd to put himself in
the attitude of being in contempt of court.
All of the affdavits that were intro
1uced in the recent injunction trial con-
Lained a covert threat, that in so much as
he city furnished the bulk of the money
with which to run the schools, owned all
he school buildings, etc that it would
De case OF freeze out or starve out in
he event they failed to carry their point
and this may be the first step in that
Erection"
Does the new school law, passed by
he last legislature, and under which your
,lients contested their rights in the recent
Injunction proceeding, make any provision
low supplies shall be ordered or how
money shall be disbursed in tn conduct
md maintenance of the schools?'
None whatever. The law simply pro-
'ides how the school board shall be Great
I'd and does not enter into the details as
o how the expenses incident to the con-
iuct of the schools shall be met.
When this law becomes operative the
present city ordinances upon the subject
recognizing the mayor as the president
u the school board are, of course, mega
lived, but / should assume that by an
analogy OF reasoning the president of the
BOARD simply takes the place formerly
leld by the mayor in an ex-officio capac-
ty.
THE law assumes that the board of
rustees shall make their own rules and
equations regarding the subject of details
nd statute provides that any hiatus in :
he law may be supplied by the president
I the State school board