The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-02-08
SSTEE LAW INVALID.
y Of The Supreme Court In the Case
If EimbrOueh VS.. Barnett.
e RELATING TO TENURE OF OFFlC
80 10 Re Unconstitutional ana
that is the Main Point I'm
the statute.

in which the act known as the
Il trustee law is held TO be invalid
,u.e Of unconstitutional features there
4 vas delivered in the case of Kim
4 rs. Barnett. from Harris, sent up
,bs First court of appeals on cer-
a questions:
!. court OF civil appeals for the First
,,e judicial district has certified to
court the following statement and
mon August II, 1899, w. w. Barnett
mi suit in the district court OF Har-
sounty for the Fifty fifth judicial
~, against W, II. Kfmbrough for the
y or position of superintendent OF
n,bljc schools of the city OF Hous-
Barnett recovered judgment October
100 for the office and its emoluments,
Kimbrough has appealed.
ina contest arose ont of the construc-
a an act Of the Twenty sixth lsgs-
~ concerning school trustees of indie
ssut districts, being chapter 81 OF the
,sral Laws OF that body. approved
~ 40 1899. Barnett claims that the
IN question does not apply to the
4, Houston. or that If IT. does apply,
nroyi:ion as TO the election OF tru;-
does not go into effect until the
n 1901, and that he is entitled to the
Ne by reason of % his nomination
reio BY the mayor and confirmation
ths city council, and (2) his election
,r.io BY a majority of the legally CON
med board OF public school trustees
ths city of Houston. Kimbrough
inns that the law does apply and that
ass regularly elected superintendent
the public schools by the board of
|lstees lawfully constituted under the
Il March go 1899. There were two
Mics each claiming 10 be the egal
srd Of public school trustees of the city
Houston. The questiors in the case
he upon the constitutionality and con
FACTION OF the act of March 80, 1890,
We referred to.
"The city of Houston assumed exciu-
10 control of the public free schools
ht its limits on December ), 1876,
virtue OF an election held under the
hcol law of 1876. and when the law OF
arch 20. 1899, went into effect II was
uducting its schools in accordance
Do It's charter and the law applicable
. such control and had been so con-
&ctlug them ever since December :.
3is After the passage of the act OF
|arh So 1892. a difference Of opinion
Icse in the board of trustees as to the
/ M sorr,tio, ~ tno ,,o,,.ds ~
k,h slectod Itir,hro,,,h ~ ~
Lnp., al OBSERVATION-DISCLOSURES ~ tha echon,s
4 ~ aata ~ t,o ,,as,s.,,o H. 49,,
|. h,,rs u,s co,,,nosod as 49, .oiIo,;.
I.r,bsrs to.u,it ID Ga ~ ~
Forsan t,res Fonu,ci, Pr o.
smes Charlton ,iso g II pras,.r
(,yor ~ tba ci,y ~ IIousto,, ~
|scio member on AnriI ~ $500 uonr,,
Flsssrrwas anr,inted ~. ~ $500 $3.50
N ronsrmed NV ~ c,t,. co,no,, a
k,utee in Inc niaco - p;rs,,s go
n hard .e 4hms cons.t,,'..5 80 ana
al y,thout ohiection untiI nj,
(N when n mat and ~ nrost;n,
letting a s,,neriptcrden+ 60. ~. ,,,,,tie
laocls having ,,on,e M ~ snnaar,5 ~,
bde shearn B,oxson, and Eepn,,cn rnro
.,yor Of retai,ing Kt,,,hr,,,er, ~ 80
n iucumbert ana prashoa7 ,,ha,., "aa
td Fisher wsra In q, ,t,r 80 oio,,inn D.
stt The haord .dtonrne,a u,ithn',+
|eaiou. Cage sbearn ana go "a
stn appointed as r,or,hors =, - ha,.i
/ the MAYOR and onsr,,,oJ a., ~, go,
n On Nav II 1907. cha,.i,o,, p,a,
b Fenwick wers tbns onnai,toa ~
,nfrmed June G 1sos Tba tarr, 90 az
n Of trustees n.os An., -. -. v. ~
W as Il existed wher ~ 80. ~. IN
\ 1899, was passed A. 4ba noa.ins ~
y CITY council Tulv 10 1900 tbe n,avor
H. Brasbear nominated as t,,ns,ass -,
h public schools Andrew NM .nd
Gorge Jones. who vere condemned hy ~
" council. A maioritv ~ ~, boarJ
US constituted nv ~ anno;,,. ne 40, ~
sv and ZONES a. liz apPS $50
its, to-wit. cbsr,,on p,;ah -. ~
mes, with whon, sstad prashaar ,nt
hly IL. 1890 and .Io.,oa ~ a H.
superintendent ~ INC nnh,i -" schp ppL :,
h city: and sftsrwsra ~ pa' III. ~ Goo
y appellee was snnnt,,,oa ~,
u confirmed bv tbe civ co,,ncii as s,,nh
lsetjntendent for M tar,,, os ~ a 49,"
b trustees. shear and rado va Al,
sign their nseaan anu N"ue, ulu no.
'aSsom aud Fenwlck. on TuIv "A fSaa
ssnized with Shearn as nresidon+ snJ
ecied the annellant K;,nbronsh
Superintendent for +bo nns,,ino
. Years. Prior 10 tbe rassaee
The act If March IN 1900 ~
ao'l Superintendent MAS roouiroJ h., tbo
after to be annolntod ~, ~ a,, ~ "a
ndrmed by The conncii The saiarv az
sAsd to the nositjon is 5000 x,m
ough had beon 'S s,,I - s-'oo, MIN
'endeht and was actinS as sncb st ~
ae Of his election and was oiactsd at
(. expiration Of he term Sor which ha
been appointed a. III 10 1000
saearn board brousbt su,t n J tho
s'snth judicial district aes,nst ,ba
.saesr board and Harnett ror y, IN
su,ed reslrain,n tera lp order was
with the plain,iTs !, i IN ln aesaea
~ Of the schools ~ u soh sue nmonas.c
= festrainino ~. Srnooi Pl'poleS