The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-08-06

officers. The showing made by the plain
tiffs, counsel declared, was absolutely thu
most nonsensical he had over seen ant
he thought no court would grant the In
junction asked for
At the close OF Mr.. Sears argument, Mr.
Oliver addressed the court. asking tina
the Injunction prayed for be granted. HI
held that no former legislature had th'
right TO limit or restrict the action o
any subsequent legislature or to instruct
the later body how to repeal or how no
to repeal an act already passed. Counse
elected several audible smiles by asking
why Mr.. Sears had gone before the State
board OF education with his appeal II hi
really thought That body to be as weak
and puerile as he had represented 1t tc
be before the court. He did not speak
so contemptubusly OF them when he wal
before them declared Mr.. Oliver witt
considerable animation; then 1t was n
your honor please and may 1t please the
board etc
! MIR. oliver then asked that the injunc.
tlon be granted on the ground that the
allegations in plaintiffs petition entitled
them to such and for further reason that
the matter had already been decided by the
educational authorities. There was no
fat salaried office at issue in this case
The contention was as to who should con-
troll the schools OF the city to the end that
they be conducted to the best advantage.
Counsel thought that an immediate de-
cision should be rendered. but the court
ruled that further argument be held next
Tuesday at a. M. to wnicn time ad-
journment was had. The court room was
extremely warm and the adjournment was
apparently a relief to all concerned.
~
THE DEFENDANTS ANSWER.
Following is the answer OF the DEFEND
ants to the allegations OF plaintiffs;
In re Board of Public School Trustees or
City of Houston ct al VS.. S. H. BrasheaT
ct al In the district court OF Harris couh y,
Texas. In the above numbered and en-
titled cause now come the defendants. S.
II. Brashear, Andrew Dow. George jones,
Henry f. Fisher, James Charlton and w.
w. Barnett, and In compliaRce with the
rule entered on July 10, 1882 by this court
requiring them TO show cause why an IN
junction should not be granted here!n
file this, their answer, and showing why
an injunction should not be granted here
IN defendants say.
That plaintiffs petition is wholly In
sufficient in law for plaintiffs to maintain
this suit and defendants except and demur
to the same and pray judgment of the
court
Defendants specially except and demur
to said petition on the following grounds
and for the following reasons:
Because the same Is not sworn to as
required by law and the party swearing
to same shows no authority to swear TO
same as agent.
Because as to plaintiffs, j. r. Cade and
Charles p. Shearn, said petition shows on
It's face that II they were ever members
of the board of school trustees of the city
Of Houston that their term OF office had
expired prior to the filing of this suit and
said petition fails to show that they have
/ l.
maintain this suit, or that they have any
interest in the same.
Because said petition does not show
any authority or right OF plaintiffs, in
dividually or as officers, to bring Or main
tain this suit.
Because all that part Of the petition
relative to plaintiffs having submitted to
the superintendent OF public instruction
the right OF plaintiffs to hold their posi-
ton of trustees Is wholly Irrelevant and
immaterial so far as defendants are con-
cerned and the ruling alleged would be
void as an attempt to continue In Office
officers whose terms, under the constitu
ton OF Texas, have expired and an I'M
authorized and unlawful attempt on the
part OF said superintendent to decide who
are officers.
And for answer the defendants, S. II.
Brashear, Andrew Dow, George Jones,
Henry +. Fisher, James Charlton and w
w. Barnett, respectfully show the court:
That 1t is not true, as alleged by the
plaintiffs, that the plaintiffs. with Henry
f. Fisher and James Charlton, are the
trustees OF the public schools of the ~
of Houston; but these defendants say that
said board as they are informed and be-
lieve. and so charge the fact to be- Is com
posed of s. II. Brashear. as mayor of the
city of Houston, Andrew Dow, George
Jones, Henry r. Fisher. James Charlton,
Fred Fenwicl and d. Il. Blossom, and
they deny that the plaintiff. ]. r. Cade,
is president of said board or that Charles
=. Shearn is secretary thereof.
The defendants represent and show to
the court that under the charter of the
city OF Houston, it is provided as fol-
lows, to-wit:
Sec. g. 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 trustees 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 school OF independent school
districts"
That said charter was passed by the
legislature of tho State OF Texas and be-
came law on or about the 18th day OF
May, 1897, that by virtue Of said pro-
visions s. H. .Brashear, who Is mayor OF
said city. is member OF said board OF
said school OF public trustees and defend
ants admit that the plaintiffs Fred Fem
wick and d. Il, Blossom. and the defeSi-
ant, James Charlton, were appointed to
said position OF trustees on or about the
iirst Monday in June, 1898, for t0m OF
two years.
II is also admitted that the
Defendant. Henry f. Fisher, was appointed
as member OF said board ON or about
the 18th day OF April. 1899, for term of
two years, and defendants also admit and
show that about the 10th day of July. 1899.
the terms of office of Charles p. Shearn
and j. II. Cade having expired. as defend-
ants are informed and believe, and so
charge the fact to be. that the mayor OF
the city OF Houston appointed and the
city council OF said city confirmed George
Jones and Andrew Dow as members of said
board and they duly qualified on or about
said date and took the oath Of office as
such public school trustees. and the de-
PENDANTS represent that said George lonos
and Andrew Dow were OH the 2ith day OF
July. 1899, appointed as trustees of the
public schools By s. H. Brashear "a chair
man. James Charlton and Henry r. Fisher.
\ majority Of the remaining five trustees
OF said board and the said George Jones
md AnAr A... 49,. a.