The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-01-05

there shall be elected six trustees Tor each
independent school district OF this State.
which is certainly comprehensive enough
to include every independent dis rlct in
the State. no matter whether by an e.ec-
ton OF the people or by special charter
or by special act of the legislature.
The act says also that any Independent
school district having board of trustees
appointed by the city council shall not
be required to hold such election In May.
Now, is the method OF electing trustees
by the nomination of the mayor and con-
firmation of the council the same as the
method of electing trustees by the city
council? If 1t is not, the city of Hous-
ton would not be within the exception pro-
vided for in section 10. Now. the ex-
ception to this rule OF holding e.e.tions
was made by reference to the method OF
choosing trustees. II an election by the
city council is the same as an appoint
ment by the mayor and confirmation OF
council, then the two methods could be
used INTERCHANGEABLE. No legislature.
take it, would contend that 1t could be
done Therefore. the method OF choosing
the trustees by an election by the council
and by an appointment by the mayor and
confirmation by the council. are not one
and the same method and any district
having board of trustees appointed by
tho mayor and confirmed by the council
would not be included in the language.
Mr.. Sears, for the appellee, replied as
follows.
The charter OF the city Of Houston is
and was an organic law. Under II its
several departments were organized. I'm
der 1t its entire city affairs are control, ed
financial, executive and judicial. Every
department OF that city is dependent en-
tirely upon It's city charter. Not one sin
MI To- -
lists by virtue OF that charter. That char
ter was granted in 1897 and it is essen
TALLY different in many respects from any
previous charter, and is essentially diff
ferent in many respects from the general
laws of the State and the general laws
of the city. II Is specially given by the
legislature OF this State. Now, II the city
of Houston has been what Ia designated
an Independent school district. In perfect
power and existence since 1850 will yolr
honors or anybody else tell me what was
the use in the charter of 1897, providing
that the city council should provide for a
system of public schools? What do you
want to provide for a thing that already
exists? Why should you provide for a
thing II II already exists by virtue of tho
law, which, by that law, is not intended
TO be abrogated? The above are sug-
gestions for your honors. You will please
throw to the wind about four-ffths OF the
argument as to its being a public school,
independent district, or what you might
call It, 1t is nothing but city bayiny
public schools by virtue of It's charter.
You may misname IL an independent dis
/ trict. but it is not an independent d IS riot
by virtue of the laws of the State OF Texas.
1t is so by virtue OF its charter and i.
does not come within the name or term,
If your honors please, of any single school
/ district to me When the general law
( speaks of an independent district In the
State OF Texas It does no; include spe-
cially chartered district, Yol may search
these statutes with all the learning. pa
thence and wisdom that my friend has en-
hibited In. this case, but this being his
/ fourth argument, l have never ye: seen
him place the city of Houston under any
single independent district by the statutes
or general laws OF the State of Texas,
and you can not do It. It does not exist
by virtue of any such law. II exists by
virtue OF that charter and 1t alone, and
in that it Is specially chartered dis
/ trict having control of its schools by vir-
tue of that charter. 1t is to that extent
| and TO that extent alone, an Independent
school district and It never was in the
contemplation Of anybody that it should
/ be held an Independent school district that
would be repealed by any law passed with
reference to independent school districts.
| Indeed. they attempted to provide again
| that very occurrence. II was we'll known
/ fact that there were many provisions In
that charter differing from the general
law, in violation almost, or in conta1ic-
/ ton of the general law, that there wee
many provisions in there that would be
different from laws subsequently passed
and so they included in that charter the
1 forty second section.
/ II the school trustees, the school system
and the entire schools are independent OF
the city OF Houston what possibility Is
/ there that they are going TO support oil
maintain them? This law of March 80 4
a species unto itself IT provides for the
election of six trustees by the vote of the
! people in one section. in another Sec
! ton that the election is to be held in May
| 1899. In the tenth section It pro7ides that
| there shall not be an election in May, 1892
but that In certain districts organizes
under certain statutory provisions the
trustees who are in office shall hold over
two years and four years beyond Their
| term for which they were originally elect
ed or appointed.
I know the general impression seems 10
have gotten abroad that the legislature
can do as they please about these Offices
but it is not so. The constitution is plain
! The dunration OF all Offices not fixed by
this constitution shall never exceed two
years. That is plain language. a foo
| might understand. The duration OF al
offices not fixed by this constitution shall
not exceed two years. There is not a
single term of any officer who is moi
named in the constitution who is a con-
stitutional officer whose term IS not named
in the constitution. Then why put suci
a provision as that In the instrument. II
as these gentlemen argue, they apply onli
to constitutional offices? I take 1t theI
that 1t means that the term OF all officer!
named in this constitution are fixed an.
that the term of all officers shall never ex
coed two years. They say 1t does not APP
ply to a school trustee because the legis
lature has the power to create a schoo
system. Then on comparative reason /
does not apply to city or county officers
for the legislature has equal power L
prepare for the government OF cities an,
for the creation OF municipalities and 10
the government OF counties.
Was 1t not In the idea of the Trainer
OF that constitution that department.
might be created hereafter which tue,
then thought little OF, and they desired 4
limit the term OF all those Offices? Fo
instance. the present administration ma,
be democratic and seeing that the fol
lowing eleetion might make a change
~t~n~a