The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-01-05
JsToN SCHOOL CASE
nents Made Before the Court Of Civil
Appeals al Galveston.
'tR WAS TAKEN UNDER AMUSEMENT
hments Made by Ross for Appel
INT Qximbrough) and Sears for
Appellee CBarnetO.

i &4.)veston. Texas, January 4.-The suit
4 NJ. Barnett against W. H. Kim
% for the office OF superintendent of
[1&els OF the city of Houston came up
l Barring and was argued today before
Ipurt OF civil appeals, being taken I'm
4 4dvisement. 1t may be some weeks
|. t1&e an opinion is handed down. This
4 MAS tried in the Fifty-ffth civil dis
n t3<k Hcourt OF Harris county at Houston
!, Hcf4st 81, 1899. and October 2, 1893, the
|, 44n{t rendered judgment for the ap-
tbl<&, W. W. Barnett. against the appel
II #b{, ". H. Kimbrough. for the sad po-
h >ltion and the emoluments thereof, from
y E1}th judgment appellant has taken this
!, 1&8 arguments Of the attorneys were
M1t md exhaustive and took ABOUT three
A41fH time. Mr.. Ross opened Tor the
Epp6iiant and following Is synopsis OF
kS6tn,n gument:
n. 9ne last legislature passed general
n Bcb4ol trustee law providing for the elec-
n tlon* Of trustees of independent school
II QHtJicts and defining the duties OF trus-
reGrence to the election OF superintendent
II or principal That law went into effect
ton March 30, and after the law went into
|ttdect, on July 10, the mayor of the city OF
hr Houston nominated to the council two
lgertlemen az trustees OF the schools of the
|igtity Of Houston. Now that law gaze the
|Nmayor power to appoint a superint ndeat
|MAnd The council power to affirm trds ,ees
tunder him, and vested that right in the
|aipeople by election AT the time that
[sfhs lew went into effect on March 80, tne
bosr6 was composed of the mayor as ex
|aofhct6 member j. r. Cade. c. p. Shearn,
I'D. b. Bloxsom, Fred Fenwick RUFUS Cage
!, ana Names Charlton. Cage, Shearn aud
" Csde were appointed in 1897 by the ma, or
and cpnfirmed by the council. and under
!, the charter of the city of Hous on the
term twas two years for school trustees,
!, ard the mayor said that the term OF years
IA Of Shearn and Cage and Cade had expired
land appointed Dow and Jones as trus.e
|fsin their place July 10 the mayor and
ktHehrS Fisher and James Charlton Henry
b Dow and George Jones, claiming to be a
|fepnnjorty Of the school board. at a meet ng
|heiecter1 W W. Barnett as superintendent
BHpf the schools OF the city of Houston aud
|uon July II the mayor nominated Mr. Bar
nett and the council affirmed the romna-
fMtiou. He therefore claims title to he po-
|Utition. On July Ia D. e. Blossom Fred
| Fcpwick. Charles P. Shearn aud j. r.
L tnde, after due notice to the other mem
uoers. had meeting and elected W. H.
|aKimhrough to the position. That, in
BRIEF, is the position OF both parties.
r. on the law OF March 80 there are sew
h eral questions which arise and one is as
10 whether or not the law is unconstitu-
tional, and another Is as to whether or not
the law was intended to apply In the city
81 Houston, and another as to whether or
not n 1t was intended to apply in the
hcityrof Houston II was intended to apply
imnediately upon its passage or II its
|pHoperation was deferred until 1901,
|at Section : Of the charter OF the city of
|uHouston. granted IN 1897, provided That
ii the mayor should appoint several officers,
and containing the further statement that
|el,he should at the expiration OF the term
Pot the present incumbent appoint super
|srintendent of schools etc. Section pro-
uvided that the mayor, with six citizens.
nthree of whom should be nominated each
Psiyear by the mayor and confirmed by the
fntcouncll. to constitute the board OF public
school trustees and have exclusive man
|ua&cment OF schools after the general law
|'fof the independent school districts. There
were one or two other provisions in the
charter with reference TO the publ
tehcols. and one required the council in
htaits nearly budget to make an appropria-
|lation for the running OF the schools and
liz right to purchase building sites aud erect
|ssbuiIdiugs. etc.
y Our contention is that this law of March
|iN30 vepealed that part Of section of the
n, dhArter which authorizes the mayor to
tpp0ipt trustees and council to AFFIRM,
4Aen, but the law of March 30 held that
fle election to be held In May, 1899, for
], the Election Of trustees, and each alternst g
4 yesr thereafter, provided for the election
" "A eix persons as trustees aud The seventh
Il; perGon whom the law designates as presi-
Sdeht5 Of the board, and the six trustees
|dt|wef4 elected under the act ami were
taelected in most OF the districts determined
~ Law. three TO hold until 1901 and three
until 1903. The law provided that each
alternate year three trustees were to be
elected and hold their Offices for a term
81 four years. Now, the defendant in an
|. ypwering this case set up rulings of the
4 supsrintendent Of the public instruction in
|Hf cou6truing this law. Assistant Attorney
II General t. s. Johnson in his ruling on
September 10 excepted the city Of Hous-
ton from holding said election In May
l., Section 10 provides: ANY independent
Il district having a board OF six trustees
Z elected by the people or appointed by the
ttity council. shall not be required to hold
lr the special election In May, 1899, provided
trustees that are elected under article
1907 of this chapter shall determine BY
lot. or otherwise the members of said
|B board whose term OF office shall expire
D. IN 1901 and those whose term shall ex-
4. pire I'm 1908. and the regular elect on o
ttruetees In the of numbered years, as
4; provided for in this act, shall b. held Il
each such independent district. save IL
cities provided for in article 401S" l cal
your attention briefly to the laws witt
refefence TO the election OF trustees Ar.
ficle 40o7 provides for election of 81,
NJ trustees by the people to hold for a tern
IL Of four years and that provision apple:
m In great many cities. The bill as orig.
rs inalIy drawn did not except from the spe.
/ cial election in May in districts excep
those who had a board OF six trustee
elected by the people. Now. the que stlo.
srises as to what districts were to b'
excepted, and was the independent dis
Pa trirt composed Of the city OF Houston ex
Ia re2ted? The first law passed proviiin 10
L. THAT might be termed independent sehoo
u districts was in 1875 and in 1873 tn
II leElelature established system OF school
providing that cities and towns nigh