El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-05-11

Race s;BOOmerang.
AS outlined in yesterdays HERALD
the Turner-Race contest for the pres
Judge Walthall resulted in a victory
for neither. but rather in ''dOg-
fall"
The judge handed down his written
opinion this morning and the decision
almost exactly tallies with that fore
told by the HERALD yesterday.
While there is no question that the
decision is a just one the school board
is now in more muddled condition
than before and lawyers claim that all
official acts of DR.. Turner during his
tenure of Office were illegal according
to the decision.
Members of the board are Gil et>sea
and none of them seem to know where
they stand and it is probable that it
would take all the skill of Phiiadel-
phia lawyer to lead them out of the
muddle into which the resort to the
courts by DR.. Race, ct al, has precipi-
tated them. DR.. Races law suit appar-
entity pr owed boomerang.
AT all events Dr.. Race is out Of office
and DR.. Turner is in the same boat,
while apparently the board las no ie-
gal right to elect a president or chair
man to succeed the two ousted presi-
dents.
Both sides to the con nsroversy ere at
liberty to appeal but neither has ex-
pressed it's intention of doing so.
Attorney Burgess gssid this afternoon
that his client had not yet made up his
mind on the subject.
JUDGE WALTHALL'S DECISION.
The findings of Judge Walthsu in
regard to facts were materially the
same as have been published. His con-
clusious on points of law follow:
In the case of Race vs.. Turner, the
court finds as matter of law that res
pondents demurrers to the relator's ap-
plications for writ of mandamus are
not we'll taken and should be over
ruled.
That mandsmus is a proper remedy
In such cases.
That the Office of chairman of the
board OF school trustees authorized by
Art. 40O9, of the revised statutes is alb
brogated by the passage of the recent
act of the legislature reorganizing
for independent school districts
and that the only Office continued and
carried over from the old to the new
where there is q full board. Th.t ;hc
letter of instruction from the superb
tepdent OF instruction to
the board of trus-
tees does not have the effect to create
or continue the Office of chairman and
is in no way legislative in character.
That the said Office of chairman under
the old law is superseded by the Office
of president under the new law. That
the law itself ceasiug ss to the Office of
chairman the incumbent in the Office
at the time of it's repesl could not hold
over until his successor in the Office of
president could be elected and quail
fed.
The court therefore holds, tha. the
board of trustees was without a chair
man as that term was understood and
applied under the old law aud by the
| laws of the old board. The court does
not pass upon the question whether
the new board under the new law can
adopt by laws, rules and regulations
| for their government and selec,
chairman in the absence of a president:
| nor does the court pass upon the ques-
| tion of the ecOnstitutionality of the new
law, but only its effect as law upon
the old and in the part only herein dis
cussed.
The board OF trustees as at present
organized cannot elect president Of
the board and the want of presideu.
to fill the Office of president is not such
a vacancy in the board as may be filed
by the trustees as provided by section
9 of the new school law reorganizing
the board of trustees; and any effort nv
the board, however we'll intended.
unanimous or acquiesced in by mem
bers of the board, does not have the
legal effect to elect president or TO
fill the vacancy. The office of pres,-
dent can be filed only by an election
of the people. The effort of the hoa-6
therefore did not have the legal effece
to elect DR.. Turner president.
The court orders the writ of manls-
mus to issue to conform to the forseo-
ing findings of fact and law.
A. M. WALTHALL,
District Judge 34th Judicial District.