The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-07-14
|OOLSUpERINTENDENT
y ". Barnett Elected Superintend-
! eot Of the Houston Schools.
{ JONES SECRETARY OF THE BOARD
.,.e. File a Protest MT Being
I OF the Bonrd-Opinion from
.,e state superintendent.

"a was a special meeting Of the boart
,oo, trustees held last night at the
>. office in the city hall, with tn,
trustees, George Jones and Andrew
answering their maiden roll call a;
hers OF the board.
or,ntendent Kimbrough, who, by vir.
h,s position as superintendent o.
,hooIs. has been acting as secretar,
hoard. was not present, and accord.
b,s statement to The Post was no,
led OF the meeting.
chief object OF the meeting was t.
superintendent for the city schools
,ceeed Mr.. Kimbrough, whose tern
expired.
name of Prof. w. w. Barnett. SUI
tendent Of the Hamilton Street school
nreseuted and his election as superin
mi was by a unanimous vote of thu
b.
George Jones, one Of the newly elect
members OF the board. was electet
etary.
bring the meeting verbal protes
aled In behalf of Messrs. Shearn ant
In effect that under the new schoo
tees law and its Interpretation by the
rintendent of public instruction, con
led in by the attorney general. the.
regarded themselves as members o.
board.
opinion upon which they base theil
est Is contained in the following letter
ten by j. S. Kendall, State superin'
emf of education, and addressed to Mr.
L. Blossom, one OF the members o.
Houston school board
d. D. E. Blossom, Houston.
IAustin, Texas, July II, 1S99.--Dear
II: In answer to your letter OF the
th instant, | have the following to
".
il. The members of the school board
the city of Houston, as the board
listed at the time the governor
|gned the new school trustees law,
iarch 30, 1899, should continue in
heir office until 1901.
III. In case of vacancies in the menu
hrship of the board the remaining
LENDERS of the board, under this law,
bould elect to fill such vacancies.
his power can not be vested in the
Sayor and city council under the new
kw.
Is. The mayor and city council had
b right to declare any term of Office
kpired nor had they any right to
|ominate. appoint or elect any person
i persons to fill any vacancies created
N them.
IA. The mayor of Houston can no
niger be member of the school
bard under the new law. In all these
bswers the attorney general concurs.
From ar opinion given to this de-
hrtnent this morning by the attorney
General, | quote as follows: Il am
berefore OF the opinion that the mayor
BID city council of Houston are with
but legal authority to terminate the
Efce of any of the trustees holding
\ the time the act of March 80, 1899,
Fent into effect, and to appoint others
hstead."
From an opinion rendered by the at
brney general on April 25, 1899,
|uote as follows: THE city of Hous-
on is not required to hold special
lection in the odd numbered years,
Is provided in said act.
In my message to you yesterday /
fave you most of this in substance.
] may further add that the attorney
General says he is ready to stand by his
|pnion in the courts, should 1t be-
,ome necessary.
Trusting that this information may
'e satisfactory, and that you may be
lble to reach an amicable adjustment
i any existing differences, beg to
emain, yours very truly,
]. S. Kendall,
state Superintendent of Education.
.nder the above opinion the city council
no legal authority at it's last meet
to appoint Messrs Jones and Dow
mhers of the school board vice Messrs
ue and shearn, but upon this subject
,yor Brashear holds different opinion
u when his attention was called last
'ht to the ruling of the State superin-
iuent. he replied that he had taken
al advice upon the subject. which was
ilrary to the opinion as expressed il
ABOVE letter of State Superintendent
Aaaii He says that City Attorney
'waft holds that the law referred tc
p not become operative in Houston
1901, and It is under this construction
me law that he acted in filling the
lahcles on the board.
4
,roiessor Barnett. the newly elected
IposhIlntendent OF city schools, has been {
.HeI In the Houston schools for the
= nihe or ten years. He was n candi'
y bol TINS position two years ago. wher
!. h,hoTough was elected. He is very
vukiy lndorsed by some OF the leadini
va OF the State. among them thu
sc superintendent of education.