El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-04-21
WHEN DOCTORS
DISAGREE
Two Presidents Preside Over
the School Board
THREE MEMBERS LEAVE
Aud There Is Some Likelihood That
Serious Trouble May Result Be-
fore the Wrangle Is Over With
Contracts Awarded For New School
Buildings.

The school board at its last meeting
ON April 9th, elected new president,
DR.. Turner, to succeed Lr. Chas. T.
to fill the vacancy caused by the resig-
nation of Judge Blacker. who had re-
moved to New Mexico. There was
considerable discussion at the time
over the matter of electing a new
president and City Attorney Kemp in
stood the law the board had no power
to elect president outside of its mem
bers and maintained that this could
only be done by the people at the next
school board election.
MIR. Foster took issue with Judge
Kemp and Attorney Burgess agreed
with Mr.. Foster, that he did not be-
lieve the legislature had intended that
there should be two separate classes
OF boards, one with six and the other
with seven members from now until
1901. Mr.. Foster maintained that
there was vacancy in the Office of
president and the law gave the board
power to fill vacancies.
The beard finally agreed with Messrs
Foster and Burgess and elected DR..
Turner president. When the board of
trustees met last evening at the Gen.
trail school, there were two presidents
to preside over the meeting. DIR. Tur-
ner persisted in retaining his seat while
DR.. Race vigorously protested that he
was still president by virtue of COM
munication which he had received from
the state superintendent of public in
structiOn at Austin. The following
communication was read to the board:
AUSTIN, April Is, 1899.
Mr.. CHAS. T. RACE, Ell Paso, Tex.
DEAR SIR: Yours of the 10Th inst.
Es at band. You state that Ell Paso in
dependent district was duly organized |
under 4OO7 r. S., and that year or so |
board OF trustees so organized. You !
further state that on the 9th inst, the |
board of trustees proceeded to elect |
another person president of said board |!
who was not mem Der of said board, (
and in no way connected with it. You |
state that you have entered your pro-
test against the action of said board |
anC you ask for ruling Of the depart
ment of education as to the leg ality of
said action. Under the new trustee
law, a copy of which 1 enclose to you,
provision is made for the election of q
new president of the school board in
December, 1901. The Legislature evid-
emily intended by Sec. 2, of the new
law to exclude the county judge and
ship on the school board. And while
1t made provision for the extension of
the term OF all SIX of the pr esq Mt elect
ed mem bers OF the board it in no way
provided for seventh man who should
act as chairman. Should anv one of ,
The members of the board, VINO were !
10 office at the time the new law went
INTO effect, die, resign or move away !
rom your city, / would hold that the |
remaining trustees under the new law q
would be competent to fill such vacan- !
" for the uneA pired term. However, 7
he law does not authorize the said q
BOARD to go outside of its own number
o secure q chairman. O
AS l construe the law, and in this | I
m sustained by the opinion of the at
Orney general, there can be but six
members of the school board Organized
nder article 4007 until after the cleo n
ion in December 1901. s
L therefore authorize you and ask
b at you place this letter of mine be- 81
pre- the school board of your city as b
be authoritative statement of this de-
artment, supported by the opinion of 81
be attorney general. b
Yours very truly,
j. S. KENDALL,
State Supt. Public Instruction. /,
After the communication had been q,
lad, Mr.. Foster Immediately moved VI
lat it be laid upon the table, as it l,
ontained only the opinion of the at y
'rney general aud state sup
which was not binding. oe
THE business before thissboard this S9ss
7ening, gentlemen. is the opening and DC
of these bids. and 1 move
lat we proceed at once" -
Mr.. Morehead then offered his OBJ VI
ctions to this action until the matter
who was the actual president should
, decided. 81
Mr.. Shelton then said that the mat b.
r had been decided at the previous