The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-08-17
QUO WARRANTO LIKELY.
Next Step IN the School Superintendency
Middle.
CONFERENCE WITH ATTORNEY GENERAL
ter Under the Existing
Conditions.

Another step In the Houston school SUI
perntendency muddle will probably be
taken In the near future in the shape OF
quo warranto proceedings by the Barnett
faction for the purpose of attempting to
secure control OF the schools of the city,
which are now In the hands of Superin-
tendent Kimbrough and the board Of trus-
tees as result OF the Injunction granted
in the premises by Judge Tod of the Elev-
enth civil district court last Monday.
Mayor Brashear, City Attorney Stewart
and Mr.. w. @. Sears, who represented tho
defendants at the recent hearing of the
case. are all absent from the city and it
was therefore impossible yesterday to Sc
cure definite information as to their in
tentions regarding the matter. II can be
stated. however. that District Attorney
J. V. Lea was in Austin Yesterday for the
purpose of comforting with Attorney Cen
eral Smith regarding the Ming OF quo
warranto proceedings in one OF the lead
district courts. II is held by some mem
bers OF the legal profession IN Houston
that q suit in the nature OF quo warranto
can be brought by person busted from
office without any action on the part OF
the State and that. therefore. the Barnett
faction Is entitled 10 file such proceedings
without consulting the State authorities.
on the other hand however, IL is held
that, as Prof. Barnett has never had pos
session of the office of superintendent, he
can not have been ousted therefrom and
that, therefore, In order to further test
the right to the office 1t viii be necessary
TO proceed in the usual way.
Article 1913 Of the Revised civil statutes
of the States deals with the matter of quo
warranto and states specifically under
what conditions such action may DO
brought The article in question is as fol-
lows;
In case any person shall usurp. intrude
Into or unlawfully hold or execute, or is
now intruding into. or now unlawfully
holds or executes any Office or franchise.
or any office or any corporation created
by the authority OF this State, or any
public officer shall have done or suffered
any act which by the provisions of law
works a forfeiture of his ftce, or any
association OF numbers OF persons shall
act within the State as an Incorporation
without being legally Incorporated
the attorney general or district or county
attorney OF the proper county Or district,
either OF his own accord or at the In
stance OF any Individual fciltur, may pre-
sent petition to The district court Of the
proper county, or any Judge thereof. in va
cation. for leave to file an Information
IN the nature of quo warranto Ia the
name of the State of Texas: and If such
court or judge shall be satisfied that there
is probable ground for the proceeding, the
court or Judge may grant the petition and
order the information TO be filed and pro
cess to issue.
Article 434s says regarding the same
matter:
Every person or corporation VINO shall
be cited as hereinbefore provided shall be
entitled to all the rights in the trial and
investigation of the matters alleged against
him. as in cases of trial OF civil causes
In this State and In cases of appeal to
which either party shall be en.itled, the
said court shall give preference to such
case and hear aud determine the same
al tho earliest day practicable, and all
such appeals shall be prosecuted to the
term of the court in session. or the lrst
term to be held If not in session, after
judgment has been rendered in the dis
trict court"
There being no appeal from the decision
OF Judge Tod granting a temporary in
junction. and the next term OF his court
not beginning until the first week IN Oc
tober, it viii be seen that The proceedings
quo warranto are the only means imme- /
diately available by the defense. No mat
ter what the next step is II seems ex-
tremely likely thai a long and stubborn
ieRal HBnl is lneNltaple. In ms recent /
decision, it VIII be remembered. Judge
Tod did not specifically pass upon the con-
stitutionality of the school law passed
by the last legislature and which figured |
so prominently in the late hearing, it being
his privilege to grant or refuse the petit
ton for temporary Injunction without Sf- !
erence to his Views regarding the law In
question This point then remains to be
settled
Nothing definite is known as In the time
when the supporters of Prof. Barnett will
act in the premises II they act al all |
Mayor Brashear Is enjoying rest at Min
eral Wells and City Attorney Stewart and
Mr.. Sears are at San Marcos. II Is not
known exactly when they viii return,
Before leaving the city Mayor Brashear
gave public notice that the city would
not pay out OF its funds any bills for
school supplies except upon orders for
goods and the lists. which had been fur
nished by him, The order issued by Judge
Tod. il VIII be remembered, restrained tho |
mayor from paying out any money on ac-
count of the schools except on warrants
authorized by the board of trustees as that |
body is held to be composed by the or
der In question