The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-06-09
HOUSTON SCHOOL CASE.
Text Of the Opinion Handed Down by
the Court Of Civil Appeals.
JUDGMENT or LOWER COURT AFFIRMED
The Members Of the School Board Can
Not Vote Themselves into
Salsried Positions.
JUDGMENT OF LOWER COURT AFFIRMED

Following Is the text Of the opinion de-
llvercd in the First court Of appeals in
the case OF Roard OF Trustees Of the hide
PENDENT school District of Houston. an
perlants, IS. Andrew Dow, appellee:
Andrew Dom the nipelleg. brought his
suit II the district cnurt II Harris comfy
for the Elfty-1fih judicial district against
the appellants rs the hoard Of trustees Of
The independent school district Of Houston
and except as 10 himself, as individual
nlcuiners OF said boafd q HeFlraiu tnem
from paying SALARY 30 two " Us mem
befs, 5. L. 4ssiey as seeretafy aud j. ..
seftesast as tressnrtr II the board iron
hearing appellants demurrer 20 the p t.
tlon was overruled and the Injunction Was
granted as prayed for. The only question
upcn shis appeal IS the eight VI the board
OF trustees TO allow ANY compensation
whaieeer 20 It's secretary and treasurer,
who were also lncnrlers If tie board. II
w3s agreed al the irial that the facts SCI
forth Ia the netltion were true; AMI, fnr.
ther tnat IL :. T. Tyucy as secretary, nhd
J. J. SefteUaSt, MS trcA surHr, ~ tue poati
were entitled ~ receive any pccuplaf} com
pcueatiun whatever the compensation
whlcb had been fi1ci for hem by the board
was reasonable Tor the services incident
10 the positions.
ghc petition alleges that complainant
Andrew Dow. hrlugs Die suit in his own
behalf as resident. citizen. voter pr'.I
erfy holder and taxpayer q tue City 4
MsUston and in oei5lf 81 all other pcfs"hs
similarly situated, aeaina inc N0ara "
pua.l, school trustees ~ lhe independent
sghNoi dlstrict of Houston composed of
Jauies Charlton, president; 3 4. Tracy,
SlhEssd6r. C. AbeH, W 3D. Lighthouse
auA ssi8 Dow alEo against thr members
% IRe Deari, EXCEPT himself iuliNdHAlt,
Taai the city ~ Houston b. muuir!p-i
cooperation. rIcaisi ty an act OF thc r.
.A.aturc PASSED October - 1915 aud acts
S1leIsafrrY thereto. new chaftSf. now
eyer: hayiue Oecn gran4ed by act 81 April
IAst sy yirtuc ol au election uf-ite ihe
sch~o' .gw et 1876 htlt December 2, 1876,
tha ciAF = brusfnD rssu-neI exclusive con
fr- OF the pg3Hc schools RtltiH los iiinits
aua the -ehr uceame Iu ludeieadent school
district. aH1 has ,lrcr Continued as snrh
indeqenAaug school district
Thar f6rmen ltr Rq2td OF trustees ior
faid inde1 sndenf school aistrti was se-
lecied hy a. u1yo! ana t.2 council. hul
Jhst acting under chapter Z, Geuerai Laws
Extra session, n the Twenty Lagis
latn4e. approved February y. ltDo. pop
ulsr eleetion MS hcid on The lrst 81 ur-
day W Mar. lsn. az which cl,c'ion said
Dew together -. sad Ielfltg9, 1ght,
AaPu mere electri trustees OF said indie
pendent schcoi district ani that the for
Nor husrd N trustees turned over 10 them
81 snah tho schools and school property
"a said Independent school district. sud
lr1sy nf Mas drlF quuhncd and assumed
tharro nf auld schools aud school prop
erty aad have ever since continued 20 act
That On May 10 1909 N a regular moet
ing ~ che board. James Charlton aas
alectet president " II Lighthouse vas
elected Vice president, ; = Tracy was
e,ectnl secretary sud j Sctiegasi WAS
c.ected treasurer u said board, AMI that
a'l said officers IN elected we're AMI are
mcmeefs az said 4rard ThaT afterwards,
#fHf HHaa M q
secretary ~ said board weFe attempted
b. tis liked aud defined rs hy law adopted
the duties ~ the treasurer or said bonSt
we're attempted 10 he rcgulafed and defined
hy bylaw alopted hy said hoard Thai
a sid meeting on MAY p 1900. said com
AZ said meeting o resolution was adopted
z! Tao hoard hN rue tpfmE ~ which said
Iracy was 90 be paid oin OF the ioeal
school funds the sam of 500 per molth
50 compensation Tor his services as SCORE
Vary ~ said board ~ trustees
Taat a. meeting held ON June IL. 1900,
al Htlcn said complainant Dow wis rot
present, resolution WIS adopted ny said
peafd- ander which the board agreed 20
pay the defendant J. & Sp'teRgst out NJ
ile loral se1ooi funds one lglt of 1 per
cent on an moneys received by him and
one-baf ~ ! per rent on an amounts dis
puEsSd oy MIN, Is fquprusouon for his
trustees. That complainant Dow was not
present a. either Of the meetings Of the
b"Htp NJ Nhifh me salary and foes were
sought 70 be allowed said Respondents
Tracy and Set,egAsf momhers ~. said
board, rs compensation Tor their services
as secretary and traagurar rNgpectiyolv
bu, that ~ meeting ~ said board heid
on July q 1900 said Dnw was nTe.ent
sud as member of said haarJ dhte,.tei
g. the approval az lilo mtnntes ~ thn -
mer meetings. Allowina su,h s1i,r, ,,,a
Compensation and nsed his voice nnd in
from carrying ont said resolution
"a al Soft
al sesref.,t, M ~, H. 9rttfENN Were eject
,sru, ~ ~, NJ ''Da5elalSf RsPeeuNely Tor
fbc o,,tot,r, ~ ~ HtH, .t eavlL anu thal
'Srs ~ e..rJise., ~" ~ l'F NE s"tN-
klaoo apJ fhf sett $50 iVul VIII ne
III h bis enositF a, tctst, vt"imlug 20
board ~ frt 49, wv sVttfa,,,.l l"t N9lu
NJ a r5shg' ~ 49,, swlieSihs anu cl9im
ftr tbe S,st @hu Wy ~ custodian
sehoat t,nJN, 'NitiF tnhH l",al pupllc
ln,o,,nt ,1Str, ~ tli3, ,1h3 lhNl me
~ rs"ei, - .i.ltu ElI4 VIII ne eulltieu
sc,,t'.Ss : MY ~ tSltI8lL year. from lll
sctiesast - nr 8g SlVVpq,ppoa 70, nnu thai SAID
mia 49, INV nsM Itsululoh' VIII pc
hnrer stoba ~ sheeed services as Saiu treas
,rhst 80 -, /. ...
u, ~ sou %atu 10y trustees y threatening
yr,n5,,,t 'pp lfaVN ahl Srttegast the
u,cnt ~ rt@.,Y lneih lhdt Nuch pay
fhorvah 3i,eriI W Slt ett VIII nt hh undu
der AZ uinolsl9h OF lne tnnds placed IN.
otort ypsa, Ia % selu p3afq, ana VIII
dance ~ ,b 6nu inh,tharahle injury ana
Witbaut aa.S,,s y Pipim,lti, ann lnNt ne y
rtid ~, "a t"utt htHt5y az law thar II
aiaonnts ~ q elnnM,tgo ~ eay cut seld