The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-04-26
HOUSTON'S SCHOOL TRUSTEES
ATTORNEY GENERAL SAYS THAT NO
ELECTION is TO BE HELD.
but Is to lie RcorEauizeh Tn
der the New Law.

Austin. Texas. April 25--The following
opinion was rendered from the attorney
generals department this evening:
To Hon, J. s Kendall, Superintendent of
Public instruction, Capitol:
Dear Sir: In the matter of the election
Of school trustees In the city OF Houston,
and in reply to your question as to what
effect the school trustee law" passed by
the present legislature, approved March 30,
1899, has upon the election of school trus-
tees in said city, ! beg leave to say: The
city of Houston is a specially chart cred
city and section s of said charter is as
follows: Section S. The mayor. with six
citizens of the city of Houston, three OF
whom shall be appointed each year by the
mayor and confirmed by the council, shall
constitute the board of public school trIs-
tees of said city and such board Of public
school trustees shall have exclusive charge
aud control Of the public schools OF the
city under the laws OF the State governing
the free public schools of independent
school districts.
II will be noted that the latter clause
OF this section of said charter recognizes
the general laws OF the State governing
school districts. Still as the trustees are
appointed by the mayor and confirmed ty
the council the question has beca IA sed
as to whether this Is board OF SIX trus-
tees appointed by the city council within
the meaning of said act,
Where the authority TO make apl chit
ments is absolute. the appointing Pow er
is subject to no other condition or oiallh-
cation than mat II shall be ever Used at
the time. In the manner and to the extent
/ prescribed by law, aud that the appontee
! shall be eligible. When, however, 1t can
| be exercised only by and with the consent
1 and approval of the senate or other sn
/ liar body. its exercise has no effect unless
| such consent or approval be given GAZE
chems' Public Offices and Officers rag
| so. section t2l) Accepting this as the
| rule. / am of the opinion that the method
OF selecting the trustees in the city of
/ Houston is an appointment by the city
council within the meaning OF section u
| OF said act. This being true, then the
question is. how does said act affect the
| city of Houston as to the selection OF
| school trustees, said city being specially
chartered? / believe that an easy con-
struction of section 10 OF said act can be
arrived at by a proper transportation OF
| said section, and | submit the following
as such a trsnsposition, embodying every
| feature of said section and Indicating In
less confused manner the intention OF
the legislature in the enactment Of that
section:
ANY independent district which now
| has a board OF six trustees elected by tbs
| people shall not he required TO hold the
special election on May S, 1899, provided
| for In this act, but the said board Of uus-
| tees that are elected under article 400I
| of this chapter shall determine, by LOT OF
otherwise. the members OF said onari
whose term of office shall expire in 1901
and those whose term shall expire in 1908
| and the regular election OF trustees in the
odd numbered years as provided for in
this act shall be held in each su,h indie
| pendent district save In the cities as rlo-
! vided for In article 40lS. Any Independent
district which now has a board % six
| trustees, appointed by the city council.
| shall not be required to hold the 81 ocial
| election 10 May 1892 provided for in this
| act. and the regular election Of tr3sises
! In the odd numbered years as provided for
| in this act shall be held In each such In
! dependent district save in the cities as
| provided for In article 40ls."
II will be observed from the foregoing
! Transportation OF section 10 that | cOnsTrue
the words such Independent disteict" to
! refer 10 and include both classes o. dis
! tricts mentioned in said section: that is.
| those having a board OF six trustees elect
| ed BY tho people and those having a board
| OF Elk trustees appointed by the eisy eoun-
| Gil. Hence neither OF such dlstri,ts. tbs
former in any independent district having