The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-02-08

/ - t-Nt' iNNANHll luNtilutit the entire law
| Were conflicting provisions OF tn
charter OF the city OF Houston rcneaie,
py the said act OF March 20, 1892
! 4. Does the provision for che appoint
ment OF school superintendent by tn
mayor in section of the charter Of IN
city OF Houston apply only to the AIRS
appointment after the grant Of the power
DOCS the charter empower the board q
trustees to make subsequent appoint
| meEts?n
we answer the first question in the az
nrmative The position OF superintendent
OF the free schools in the city of Hous
ton. is an office and the lawful incun,
pent or 1t would have a right OF action 1,
recover 1t or its omoiuments in case h
was unlawfl,lly deprived OF the bcncit
tstaue vs, Catiln. 81 Tex, 4s)
The superintendent Of public education
for the State has no Jurisdiction OF tn,
questions involved, in this case and it wa
not necessary for the plaintiff below Z
present ms claim to the office to tn,
superintendent before bringing suit.
Under question 3. We will answer all IN,
other questions that we deem necessary
The act of March go 1899, in so far as 4
relates to the election OF trustees for rub.
lie schools in Independent school district,
and fixes the term of office of such trus.
tees. is void. being in conflict with article
10, section 30, of the Constitution. which
reads as follows: THE duration OF all
offices not fixed by this constitution shall
never exceed two years; provided that
when "a railroad commission is created
by law, It shall be composed of three
commissioners. who shall be elected BY
the people at a general election for State
officers and their terms OF office shall be
six years; provided. railroad commissions
ers hrst elected after this amendmen;
goes into effect shall hold office as fol
lows; One shall serve two years, and
one four years, and one six years, their
terms to be decided by lot Immediately
after they shall have qualified. And one
railroad commissioner shall be elected
every two years thereafter. In case OF
vacancy in said office. the governor of the
State shall fiji said vacancy by appoint
ment until the next general election"
1t is not denied that the position OF
trustee OF free school in an independent
district is in sense, an office, but II IS
claimed that it does not come within Inc
meaning OF the word office" as used in
the section of the constitution above
quoted. The term office" is defined by
Mr.. Mecham in his work on Public Off-
GERS, thus: 'Publc office Is the right.
authority and duty created and conferred
by law by which for given period
either fixed by law or enduring az the
pleasure of the creating power. an Judi
vidual is invested with some portion OF
the sovereign functions Of the govern
inent to De exercised by him for the bone
NJ OF the pubic. Ine correctness OF ghis
dehnltion is nowhere questioned. so far
as we Know, and 1t is sueless to add sup
porting authorities.
In Ordar n dot ~ ba Sobool
ices in independent districts are officers
we. viii enumerate some Of their powers,
me law authorizes and empowers such
trustees ~ TO adopt rules. regulations
ana oy-laws' t2l to, select the chairman,
secretary treasurer and other officers
necessary for The discharge of their du-
ties' I'D to exercise exclusive control over
the management OF the free schools with
IN their district; (4) TO hold title 10 the
property belonging TO such free schools
within their district and to exercise OK
elusive possession and'control over it; (5)
10 sue ana be sued with regard 10 such
property t6l TO employ teachers and dis
purse the school fund belonging to inc
district, whether derived from the State
or by special taxation; 1Il their duties are
al derived from the law itself and not
by contrac', and the terms of office are
hXed by the statutes. Every essential
element Of an Office is embraced in the
powers conterred' besides many powers
are vested in trustees which are not
necessary to constitute an Office Indeed,
Inc authority conferred Is broad in its
scope ample in its adptstion TO the per-
iormsnce OF the duties enjoned, and
largely independent of the control of
others No salary or compensation is
given, but that is not necessary 10 make
the employment an office" We think
there can be no doubt that school trus-
tee OF an independent school district in
this State Is county officer as was held
in the case OF Hendricks VS.. state, 40
;. W., 100. II Is urged by the appellants
counsel that the position OF trustee, If an
ONCE is not embraced in the meaning OF
sectlon 80 article 10. OF the Constitution.
70 support this contention it is con-
ceoed that an ofhce OF municipal cor
pofatlon comes WITHIN me letter and spirit
or the constitutional limitation as was
heid IN the case OF State VS.. Catlin. be-
fore cited nut 1t is claimed .hat there is
a difference between the power exercised
ny the legislature In carrying into effect
the following constitutional provisions
"A general dihusion OF knowledge being
essential TO the preservation OF the liber-
ties and rights OF the people, 1t shall ne
the duty Of the legislature OF the state to
establish and make suitable provision for
the support and maintenance of an eff
clent system or pubic Tree schools,
constitution art. I, sec -, by the ere