The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-07-21
THE SUPERINTENDENT
n Tie Hsusten Schools as Viewed at
Austin.
Pull TEXT or THE CORRESPONDENCE
That Has Passed between the Au-
tAorities NJ Austin ana Inter
ested Parties in Houston.

perintendent controversy, State superin
tendent ]. s. Kendall at Austin has give
out the following statement in refutatio
OF the following publication made from
the Houston Herald:
ut should be also noted that tbs
Kimbroughitcs have made great capi-
tai out of a letter written by State
Superintendent Kendall about this af-
fair. In the first place, Superintend-
ent Kendall's authority does not ex-
tend to matters of this kind, and in the
next place his opinion on any legal
subject is not worth the paper 1t la
written on. His intervention in this
matter is presumption and a piece OF
arrogance. His ex-parte statement to
the attorney general and off-hand
opinion given by that official cuts no
figure. When the attorney general
gives written opinion on the question
at issue then that VIII be worthy OF
consideration and not until then"
Superintendent Kendall has given out
the following showing the part he and
the attorney general have taken in the
matter, and only at the solicitation of in
terested parties:
Tho following letter, dated April 2s, Is
self explanatory:
Hon. s. II. Brashear, Houston, Texas:
Dear Sir: Your letters OF April 49, IL
and IS, and also your telegram of April -.
TO the attorney general, were all referred
to this department Desiring that a thor
ough canvass OF the entire matter be made
by the attorney generals department,
made request of that department for an
official ruling, placing all OF the facts be-
fere them. Three of the members OF the
attorney generals staff made investigation,
and their official opinion has just been
Atxv1A a mt
send you today. Yours very truly,
~. S. Kendall.
State Superintendent"
The letters referred to and telegram re-
quest an opinion in the matter OF the cleo
ton of school trustees In the city OF Hous-
ton as to what effect the school trustee
law" passed by the present legislature
tTwenty- sixth, approved March 80, 1899.
has upon the election OF school trustees
in said city.
The opinion OF the attorney general
(Which Is written and on file In the de-
partmenD is quite lengthy but the con-
Guiding paragraph is conclusive. and reads
as follows: 1T will be observed from the
foregoing transposltion of section 10 that
ccnstrue the words such independent
district to refer to and include both
classes of districts mentioned In said sec
ton, that is. those having board of trus-
ees elected by the people. and those having
boaro OF six trustees appointed by the
city council. Hence neither of said dis
triets. the former in any Independent dis
trict having such elective board, nor he
latter In any specially chartered district
Cor city, Is required to hold the special
election in May 1899, but those elected
hold over and determine their terms by
lot or otherwise, and it remains unpro-
vided for as to how the appointive boards
are TO fix the respective terms of the mem
hers hut both n lat -Ic - bal
the elections in the odd numbered years.
The city OF Houston, as herein held, has
board OF six trustees appointed by the city
council, and being specially chartered, is
not such city as is provided for in article
4ols. ! am therefore OF the opinion. aud
tbs department so holds, that the city OF
Houston is not required to hold the special
election in MAY. 1890, but should hold the
election in the odd numbered years as
provided for by seid act" This opinion is
dated April %.
The mayor and city council next at
tempted to appoint the superintendent of
city schools, but the State superintendent
ruled that they should not elect as will be
seen by the following kilograms sent by
him TO j. ID Woolford: Law provides
that superintendent and teachers be elected
by school board composed OF mayor and
trustees"
reply was received saying that MIR.
III,
wired: city council has no authority in
erection OF superintendent and teachers
This Is exclusive duty of school board
mayor being a member"
The following telegram was next re-
ceiyed by Mr.. Kendall from Mayor Bra
shear:
New school trustee law provides that
board of school trustees herein provided
for shall elect the superintendent This
no doubt applies to Houston when sne
comes under the operation OF the law in
1901, two years hence. But city attorney
and myself ruled that present board of
trustees could not elect superintendent
as IL is not board herein provided for
lusing language of act), but is excepted
from the act under ruling of your DEPART
ment few months ago Present superlu,
tendent is not favored by our citizens. hut
Is using every effort to be retained, and
probably has some strength in school
BOARD, and parties acting for him claim
TO have some paper from you which they
VIII not make public, holding that present
board must elect. VIII Appreciated YOU
will wire the facts and give us a Nearing
II the matter is before you. Under law In |
lcrce past twenty years city council con-
nrms upon mayors nomination. Am send |
Ing duplicate to attorney general"
Prof. Kendall replied: ION July 3 / |
wired Alderman Woolford that city coun-
Gil has no authority In election OF SUPER
intendent and teachers. Have submitted
the whole matter to the attorney general.
who Will hear you any time Certainly /
am ready to accommodate you, but prefer
to leave II with the attorney general
since have already passed upon the ques-
fion In my message to Woolford."
The request was afterward withdrawn.
The mayor and city council next de-
clared the terms of Trustees Shearn and
Cade friends OF Kimbrough) expired. and
appointed Messrs. Dow and Jones in their
places. The following telegram was i'm.
mediatsiy received from Trustee ID. E
BloxsoIn. friend OF superintendent KIM
brough: Mayor and city council an.
pointed two members school board yester-
day. claiming their terms expired. was
action legal? Give your own and attorney
generals opinion"
Mr.. Kendall wired: Mayor and council
have no authority to declare trustees term
Of office expired nor to appoint members
after such declaration. Old board holds
over and elects superintendent. In ali
this the attorney general this day con-
curs''
The above telegram from Mr.. Bloxsom
was referred to the attorney general and l
llicited tho following written opinion.