The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-08-09


perlntendent In drawer In the office ant
that the jnnitor Is only allowed to take on
from time to time the keys needed fol
Immediate use, and that they are returned
to the superintendent's office. They ar,
not kept in the janitor's room in the base
ment. Since August I, 1897, afflant hal
recognized w. II. Kimbrough as superin.
tendent OF public schools and has held the
high school building for him as such su.
perlntendeut. A. ID. Mayors.
Sworn TO and subscribed on August 8
1899. before 7 b williams. district clerk
Harris county, per r. s. Walton.
AFFIDAVIT OF w. II. RTMBRoUGH.
Before the undersigned authority this
day personally appeared w. H. Kimbrough,
who. being duly sworn, makes oath as fol-
lows;
/ have been acting as superintendent OF
public schools of the city of Houston since
August I, 1897, and | am still 40 acting
During this period the board of trustees
had possession and control of the school
buildings, grounds and other school prop
erty, and that IL exercised these rights
of possession and control chiefly through
the superintendent of schools, who is by
the rules of the board it's executive officer.
During the school session the principal OF
each building is In charge, subject to the
order OF the board and the directions OF
the superintendent. Under the principal
the teachers aud jnnitors act it is cnstom-
AIRY, however, for the superintendent To
give such instructions aud make ouch sug-
gestions MS he may deem advisable TO
teachers and iantors.
At the close of each session the keys
of the several buildings are brought to the
superintendent office and deposited with
him as their proper custodian. 1t has
baa b.. orc In "A
small force of Janitors during the sumner
vacation to so from school TO school, TO
cut the grass and weeds and Keep the
grounds in good condition. his force OF
janitors, as | have understood me matter,
have worked under the direct Instructions
of the superintendent The foreman OF
this force, or one of the janitors who has
been regarded as in some sense fore
man, though there is no rule Of tbe board
making him such, has had access TO the
keys IN the superintendent Office aud has
been permitted to take out such as he
needed from time to time, returning them,
after using them, to the superniendents
office When the schools closed this year
the keys were sent to the superintendent
office and the usual routine Of the summer
vacation was begun. Not all the keys,
however, were sent Some of the princ-
pals and some OF the iantors retained
some of the keys In some cases the re-
tention of the keys was with my express
permission; in the other cases 1 think 1t
was with the feeling that IL was a matter
to which no objection would be made.
and not IN any case with the idea of set
ting up right Of possession or control OF
the buildings or grounds in opposition TO
the superintendent At any rate some or
all of the keys of each building were
turned over to ME at the close OF the
schools, or within few days thereafter,
sigulfylng the surrender OF the direct pos
session and control OF the buildings and
grounds into my hands. The high school
is IN exception. The superintendent Of
fee being In the high school building, 1t Is
during all the year In his possession more
particularly than any other building. This
yenr tho summer normal was held there
in June and some of the Keys were not
turned over TO me until about July a.
but no one, SO far as | know, attempted to
hold possession of any of the \oys of this
building against me till the nth OF July
as hereinafter stated.
At the time of the institution of this
suit think ! had IN my possession soma
or all of the keys of each building with
one exception, the L0ugfellow school house.
Tho keys that | had belonging TO this
building had been turned over TO one OF
the janitors who worked at the building
part of last year, ANA who wished to sleep
at the building, as | was informed. during
tho summer to protect II. did NOT OBJ
iect to tho arrangement. and did not think
TO have him leave any of the keys at the
office. | had other keys. | think, that
unlocked some of the doors. and | have
since that time been in possession of some
OF the keys belonging to that building.
| feel sure that when the ianitor went into
the building there was no purpose of GUST
ing mo OF possession, nor has he ever
informed me of an intention to hold ad-
versely to me.
Tho janitors working around the build
ing. or some of them who had heen om-
ployed during the past year and were
employed by thu board and worked under
its instruction.
Since tho Hing of this suit have been
Ia most of the school buildings, and sent
a representative TO enter the others, and
he reported 90 me that he entered the
premises. In only one instance has any
formal opposition to my entrance of a
school building been made before or since
the filing of this suit. This was at the
Taylor school on the Goth of July. Here
the ianitor who had worked at this build
ing part of the last session and who had
been retained by the board for part of the
summer vacation, had been permitted.
upon tho request OF the principal, to sleep
at tho building. For this purpose he re-
tained some OF the keys and some OF them
We're left with me. On the day this suit
was fled. and also ON the next day. a
young man who had been lnstructlng some
pupils at another building had his classes
at Taylor school under my authority and
at my request The next day, after The
suit was filed. | was In the building. There
was nothing TO Indicate any effort on tho
part OF anyone to keep me out. on the
goth OF July ! went TO this building in the
afternoon when tho ianltor was there,
lie unlocked door to which he had a
key and went through part of the build.
ing and out again without any opposition
on his part ub tlrohsty inahwereeumfwy
on his part, but shortly afterwards he
stated that Mayor Brashear had instructed
him not 10 admit anyone to the building,
can not be positive, but | think that
some OF the keys that l had In my pos
session when tho litigation began have
since been surreptltlously taken out of my
oyhce. Beyond these circumstances.
know nothing of any attempt to obtain
possession of the High School building
thought the janltors We're continuing
under my direction until the alst OF July,
when one OF them informed me that the
day before the mayor had instructed him
not to so into the High School building
and not to sweep the offices therein,
l have never recognized Messrs. Dow
and Jones as members OF the board, but
have held possession and exercised control
as above stated since the division OF the
board arose. for the board of trustees COM
posed as set out In the position In this