The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-07-20
School Supcrlntendency Middle to b
Settled IN Court.
KlMBRoUGn FACTION BRINGS ACTION
Asks that Barnett's Supporters Be Re-
strained from Interfering.
4 TEMPORARY INJUNCTION WAS ISSUED
Hearing of the Case set. for Next
Observation-Disclosures Mnde-state-
ment from Mayor Brashear.

The issues between the two factions
which are now contending for the man
agement OF the public schools, are to be
settled In the courts.
The legal proceedings which have been
expected ever since last Friday night were
begun yesterday evening. when those mem
bers of the school board who have been
supporting Superintendent Kimbrough
filed suit against the opposition in the
Eleventh civil district court, asking in
effect that Prof. Barnett be enjoined from
assuming the duties of the suporintendency
and that the defendant members of the
board. including Mayor Brashear, be re-
strained from in any way interfering
with the schools or the property apper-
tanning thereto.
\ temporary restraining order was is
sued by Judge Tod and the case set Tor
hearing next Monday. the cath instant al
9 a. m.
stripped OF some of its legal phraseoiogy
the petition filed by the plaintiffs is as
follows:
State of Texas. county OF Harris; IN the
district court OF Harris county, Texas:
To ;be district court in and for said coun-
~ and State rne board OF public school
trustees of the city OF Houston, Charles
F. Shearn ] X. Cade. Fred Fenwick an'i
D. z. Blossom, plaintiffs. complaining OF
and against :. H. Brashear, Andrew DOW.
George Jones, Henry f. Fisher, James
Charleton and W. W. Barnett defendants.
represent that all and singular he PLAIN
tins and all and singular the defendants
reside Ia Harris county. Texas.
That the plainiius, the board OF public
school trustees of the city Of Houston. Is
body corporate, organized under the laws
OF the State of TeNas.
That the plaintiffs believe and so charge
the fact to be upon such information and
belief. that they. the plaintiffs, together
with the defendants. Henry Fisher and
James Charlton are the trustees OF the
public schools OF the city Of Houston. and
that r. Cads is president Of said board
and Charles z. Shearn Is secretary. Tha'
the plaintiffs Fred kenwiCk and n. L
Bloxsom and the defendant James Charlton
were appointed 10 said position of trustees
or or about the first Monday in June. 1895
for term OF two years
That the said plaintiffs Fenwick and
Bloxsom and the said defendant Charlton
qualified and entered upon the duties oil
trusteeship, and that said plaintiffs have
since continued to exercise and perform
the duties OF said trlsteeship and tina
said plaintiffs have since continued 10 ex-
ercise and perform the duties of said trus
teeship. eycept the defendant Charlton, a.
heretofore alleged. That tho plaintiff
Shearu and Cade were appointed TO sat
position of trustees on or about the - IA
OF May, 1897. and for term Of two years
Th.. ,bev auIy oualihed under said an
,ointnen, and have since exercised an
,erforroed mo dpties of trustees as afore
said That the successors of said las
named plaintiffs have not been chosen, 4
rIaintine ara informed and believe an,
81 charge upon said information and he
jtar That The defendant Fisher was an
nointed as trustee on or about the 17tl
dav If AnriI 1899 and that said Fishe
entared nnon the DISCHARGE of the dutie
NJ said nosition That the plaintiffs an,
defendant charlton we're performing tn
dutiez of said nasition on Nav 30 1890
Tha alatntiffe ranresent that on or ahou
~ mn dav If ,Jnlv 1894 the mayor an,
cIty conrcii of the civ of Houston pre-
tended IN anpoint the defendants Georg
Jones and Andrew Dow members OF tn
800 a. p'' trrstees and that plaintiffs are in
formad and upon said information S
charge the fact tn be. that the said dc
fendants have accepted said pretended ap
no;n,ment and are claiming tho right I
be trnstees of said schools under sal
anrnirtment
IT, ~ defendant c n Drashear
tha MAYER If the CITY OF Houston and
sa,,;ng IN n claim "a be n member of tn
hoara 80 trmstees Of said city.
IT. n,airtifTs r. Cade. Charles I
cbaar, n n Rloxsom and Fred Fenwicl
ranrasant that thew are performing thei
d,,tiss ne men,hers Of said board and tina
tha nIa;ptiffs are In possession Of the rec
ords Of said hoard and have possession c
tha hni,dinps nj said schools. as well as q
n,bar school nronerty pertaining to tn
c;tv sohnols
That an ar about the 18th day of Jul,
1890 the nlaintiffs met as the school boar
~ s,id citv and elected n superint andei
and a COINS of teachers for said schools
Tba, said sunerintendent and many of sal
teachers have already accepted said pos
iions
TIA. the defendants. except the defend
ant barnett are setting up claim to b
tha school hoard maj they have pretende
10 elect the defendant Barnett, as super
intsndent and that the CITY council ha
nrstanded to appoint the said dofendar
r. said nosition'
The n,aintiffs represent that the defend
ants are threatening TO interfere with III
exercise by n.aintiffs. shearn. Bloxsou
Tenwick and Cade of their duties as ,rus
tees and with their control, possession an