El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-04-29
MATTERS NOW
MUDDLED

The School Board Contro.
versy Taken Into Court.
|EX-PRESIDENT C. T. RACE
Has Applied For a Writ Of Mandamus
To Compel the Members Of the
Board To Recognize Him AS Pres
ident And Cease to Recognize DR..
Turner.
| The school board muddle is now in
worse condition than before.
| The fight between DR.. Turner and
DIR. Race for the Office of president OF
the board has been taken into the
courts.
| Yesterday afternoon at four O'Clock
DIR Race petitioned District Judge
Walthali for writ of mandamus to
restrain DR. Turner from further exer-
cising the prerogatives of the Office
and to compel A. G. Foster, E. A.
Shelton and W. r. Martin to recognize
DR.. Race as president and permit
him to- preside at board meetings and
| perform the other duties of the office,
such as opening binds, ,lettinglcontracts,
etc., etc.
&c. Pew and G. r. Morehead who
upheld DR.. Race in his contention are
not named as defendants.
The court set next wednesday for q
henriag. The regular month
next Monday night and the presump-
tion is that DR.. Turner will continue to
act as president until the court has act
ed upon the petition as he has not yet
been restrained from serving as presi-
dent-
W. 81. Burgess is DR.. Turner's at
uorney.
Many people seem to be of the opin-
ion that the board would be practically
without presiding officer until the
court had passed upon the petition.
The school teachers appeared to think
that they could not draw their salaries
until Judge Walthsll has decided who
is to be president of the board and
clothed with authority to issue war
rants. To the unbiased mind the whole
thing seems to be a scheme concocted
by @. r. Morehea to continue in con-
troll of the public schools which ought
not to be subjected to political chilean
cry.
DR.. RACES PETITION.
DIR. Race's petition follows:
Petitioner Charles T. Race COM
planning of S. T. Turner, E A. Shell
ton, A. G. Foster and w. r. Martin
that petitioner and relator
herein is resident of Ell Psso and was
the duly elected president of the board
of trustees of Ell Paso on April 6, 1899,
and that G. r. Blscker resigned from
the board on or about that day and @.
r. Morehead was elected to succeed
him and S. T. Turner who was not q
member of the board was at the same
time elected president of the board.
The petitioner herein never having
resigned and after Turner's election
was advised by Wyndham Kemp that
Turner not being a member of the
board was not eligible to the Office and
his election was contrary to law and
therefore on April s, petitioner filed
of the board, claiming still to be pres
ident aud that all drafts, checks, ETC..
must be signed by me.
Notwithstanding this S. T. Turner
signed certain warrants and at meet
ing April 20 he usurped the Office of
president and attempted to preside,
Your petitioner then appealed to j.
s. Kendall, state superintendent of
public instruction, and he decided that
the board should not 60 out of its own
members to elect president. The at
torney general supported this opinion
but in spite of this the said S. T. Turn
er continued to act as president and
was recognized ss such by A. G. FOs-
ter. E. A. Shelton, and w. r. Martin,
they not recognizing your petitioner,
whereupcn petitioner, E. G. Pew, and
G. r. Morehead withdrew from the
meeting.
Your petitioner represents that S.
T. Turner is now acting rs president of
the board and will continue so to do
until prevented by the courts; that
public interests require immediate
action be taken to avoid delays, in
etc, and there is no 9TH !
er remedy for the proper assertion of
the rights of petitioner than q writ of
mandamus, for which your petitioner
prays. !
Premises considered, petitioner prays |
for citation against S. T. Turner, A.
G. Foster, w. r. Martin, E. A Shell |
ton, G. r. Morehead, and E. G. Pew to |
answer this petition and that an alter |
native writ of maudamus issue with |
notice to the defendants to appear at q |
time to be named by the court to show |
cause why S. T. Turner shall not be |
to desist from further acting |
as president of the board and E. A, |
A. G. Foster. and w. r. Mar
tin be required to show cause why |
they shall not be compelled to recog-
nize and sustain your petitioner in his |
claim as president of the board of trust |
ees and in the discharge and exercise
Of all duties pertaining thereto, and |
petitioner prays for peremptory writ of
and for general relief.
CHAS. Il. RACE,
Beall & Kemp,
Attorneys for petitioner.
Filed for Record.
Deeds were filed for record today as |