The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-09-05
FROM RECEIVING REGULAR SALARIES,
One as Secretary, the Other as Treasurer
Of The School Board.
TUE G Sc CANE UP BEFORE JUDGE WILSON
Full and Final Hearing Must he
Had September 1S-Copy of
the Petition.

=
the board of school. rustees. through mis-
counsel, Messrs Baker. Bolts, Baker &
Lovett, filed suit for injunction against
the board OF school trustees Of the inde-
PENDENT school district of Houston, to re-
strain said board from paying to s. E.
Tracy as secretary OF said board ana to
j. ]. Settegast, as treasurer, certain sala-
ries in compensation for such services.
The petition, after citing the law Great
ing Houston into an dependent school /
district alleges that at meeting OF the
school board held in May %. 1900. at
E. B. II. Schneider, J. ]. settegast, 5. Il.
Tracy and A, c. Abel were present, a
resolution was introduced by a member OF
said board, other than the petitioner, who /
was not present and after being submit- !
ted regularly, was unanimously adopted /
b. the members present, by the terms OF
which the board resolved TO pay to the de-
PENDANT herein, S. E. Tracy, out OK the
local school fund, the sum OF 500 per
month. as compensation for his services
as secretary OF said board OF trustees.
Before said resolution Was submitted 10
the board then n session. the sain de-
fenQant, S, II. Tracy, was requested 10
state II he would also attend to the legal
business Of the board IL said compensa-
ton was allowed him, 10 which he replec
in the affirmative, and sad reslUuLo on
was then and there adopted and entered
on the minutes, all of winch was wItnouL
authority OF law.
4. The orator. Dow. further represents
that on June IA, 1900. at meeting OF said
board regularly held at its office, at which
the following members were present, aud
none other, namely. the deiei,rants, James
Charhou. W. H. Lighthouse. J. j. S-tte-
gatt S f.. Tracy, h. b. H. Schneider and
a. C.. Abel, a resolution was offered by
a member OF said board and not by tho
orator, VINO was not present. which, after
being regularly submitted, HSs unanimous
Is adopted, w the terms whereof the SAID
board OF trustees resolved to pay to de-
fendan,, J. ]. Settegast, out of the local
school fund. one halt OF l per cent on all
moneys received by him, and one half Of
! per cent Of all amounts dsbursed by
him. az compensation for his services Us
treasurer Of SAID board of trustees.
o. The orator represents that he was
not present at either OF the meetings OF
the board set out above, but that at u
at lis office, ON The third of July 1910, no
was present as a member OF said board,
ana at said meeting objected 10 the mp
proval OF the said minutes OF the former
meetings OF the board ms set out above,
relative to the payment OF the said sala-
rles OF or compensation to, said defend
ants, S, f. Tracy as secretary, ana j. j..
Settegast as treasurer, of said board and
used his voice and influence to prevent
AZ ~ -
their said resolutions and urged them to
reconsider same. which said board refused
30 do, and the orator then and there re-
quested the secretary OF said board to
note his objection to- and protest against
the approval OF said minutes, and same
was so done and then and there entered
or the minutes.
g. The orator further represents that the
term for which S. Il. Tracy was elected
secretary and ]. J. settegast elected treas
urer, is twelve months. The orator is
informed and believes and on such infor-
nation and belief, AYERS that the amour,
OF money that Will be raid into the hands
OF the said j. ]. Settegast as treasurer o,
the board of trustees by the State OF
Texas under title LXXXvI Revised Stat
utes of 1895 and the act OF February 81
1900, aforesaid, during the term OF his Of
flee Will be S4O,377. That the amount tina
will be paid in to the hands OF the salt
j. J. Settegast as treasurer OF said boar,
by Harris county during said term win b,
S10l1,45. That the amount that will be pal,
by the city of Houston to the said j. j
Settegast as treasurer OF said board dur
ing said time will be $4,000, making
total OF SOC 40 that will be paid int
the hands OF the said j. ]. Settegast u
treasurer OF said board during the tern
OF his office, and that said amount WI
be disbureed by him as said treasurer.
Z. The orator further represents tina
under and by virtue of said resolution
said board of trustees and said defendant
James Carleton, j. ]. Settegast, E. b. II
Schneider w. II. Lighthouse, A. c. Abe
and s. E. Tracy, are about TO pay to tn
said S. r. Tracy, one of the said trustee
and defendants herein the sum OF lively
hundred dollars, same being one hundre
dollars for twelve months, and about I
pay to the sald j. j. Sette9ast. who
likewise member OF said board, and
defendant herein, the sum OF Sl06S.sS be
ing one per cent on the said sum Of sos
3SS.45 a. aforesaid. That said defendant
g. Il. Tracy and ]. ]. Settegast are eae
members Of the said board of Iruste,
and under the law creating their oflc,
the act OF February o. 1900 they al
specifically required 10 serve wlthol
compensation That II siid board OF trus
tees be permitted to continue on In II
course ana make the threatened payment
aforesaid to said defendants S. f. TraC
and J. ]. Settegast, or to either one Z
them, out OF the local school funds con
mitted TO the oare OF said board OF trus
tess. under the provisions and restriction
OF the law. said payments VIII be a WRONG
fu diversion Of said fund from the pul
poses for which by law II was intendt
and It's levy and collection authorize
and that the same will work u great an
irreparabls injury and damage to the o
ator and others similarly situated, and
whose behalf as we'll as his own he hei
now fles this suit and invokes the equit.
BILE powers and interposition OF this hoI
orable court That the said wrongfl
unauthorized and unlawful payment
said sum or said sums Of money to sa
defendants. or either OF them. viii therel
diminish the said fund, by law created I,
the specific purpose OF establishing al
maintaining and conducting an etflciel
system OF public schools within the afor'
paid district That II will directly impa
the efficiency OF said schools In said al
trict In which the orator has an intere
by reason OF the premisss. That part
raid fund is raised by an annual ad vail
gem tax varying from year to year accor'