The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-06-09

school fund may be used 10 addition to
| the purposes enumerated for state and
S Sru and i" sabpiIes. fsT ne paymeat 81 In
ggrsnee prcaliums, janltors and other en-
! ployes for buying school sites, buying,
! building and requiring and renting school
| houses, aud for other purposes necessary
/ IN fhp conduct ~ the public schools to be
! determined By the board Of trustees The
| tteHsureTs 81 the several counties are the
/ ticasurefs of the school funds aud arc er
rfessly allowed q commission for receiving
! and dlshursing the same. r. s. article
! Jane %, 1877 WAS to permit the nse Of
| The school FUND 10 pay a commission 70
4 funds the act 81 1907 having fniied TO al
| ipw such use. The law permitting the In
| corporation OF towns and villages for school
/ purposes only also provides for q treasurer
\ and allows him compensation r. s.. ar
| ticlc 1905. No compensation Is specifically
! llNod by law for the handling 81 the school
city or town which has assumed control pt
the free school within III limits But ny
". =. aructe iVNl, me treasurer OF surh
city or town has the same powers aud IS
required 10 perform the same duties
a. are prescribed for comfy treasurers
sSuoai whaiestt ~ 4 provided By isw
for TIC, treasurer OF tbs board OF school
trnStecs elected by such honrd IN city
of town wbirh has assumed exclusive con
trnl ~ the public free schnns within It's
limits. school trustees aud the secretary
AMI treasurer elected Nv them nrr public
officers. No punlic officer can receive CON
pcnsaiiDn from the public funds unless the
snnlc has been allowed md liked by law.
There Is no specific provision OF law fix
INK salaries to the offices 81 secretary and
treasurer Of board Of school truSte ~,
aud u the secretary and treasurer ~ the
appellant board IRE entitled to receive
salaries authority must be- found in the
law for the hoard 60 fix them Looking
ia the statutes 10 CXptess authority Is
fUul d, bnt on the coitrary there h ap
NNH.Ha Hon
The members. of The hoard ct trustees. it
Is sought however, tu dinereltiate the
duties OF Trustee and an officer of the
GARD and II is claimed that the prohibit
ticn Of compensation 90 the trustees az
IlieS 30 their duties a. supl and not 10
duties performed Ms employees or officers
the riglN 90 engage ANA make compensation
for. " is clear from the language % the
law that the secretary and treasurer must
be moWnork ot the board, inc neIaheiS
ore required to meet ana organize hr choos.
ing q prcstdelt. secretary, treasurer ana
other necessary officers ana committees.
AN are termed officers The secretary and
treasurer arc members ot the hoard and
Ulcers. rot employees. in the scnau In
Their duties ar officers can not lee diff
fercntintcd from their general duties as
trustees so as 10 entttlc them to compensa.
Rut even II the duties Of the secretary
md Treasurer should be regarded as dis.
tiuct from their duties IS trustees, Ehnt
uuthCfitA mas tue hndfN Tor ullHMluE Autl!i
salaries out Of the school fundsf Such
authority must be found In the plain pur-
pose of the law II must be grauted. IL
rBn not be implied from general Rnguhge
giving the trustees exclusive po%er ia
manage and govern the schoc5s INC
statute which limits the expenditure" OF
these funds ~ invoked as furnishing such
authority. The language relied on + ny
above quoted that the funds NAV be hseN
for the purposes enumerated 10 STATE
aud county funds aud for purchasing Al.
piiancrs aud supplies, Tor tue payment or
Insurance premiums, janitorn aud "tuet Gun
plnycs, f0r buying school SITES buying
houses and for other purposes necessary
in the conduct Of the public -'ho"'s 70 ne
kctermlncd by the board or ttnNre- ~
ulviug to the construction OF tns language
Tho rule that the general terms relate 10
things Of tho same sort as inc pt''t"ihs
things specially mentioned ihelt can ~ no
diHlculty Ia rcachlug the conclusion lhat a
secretary or treasurer Is MOI IN tmp'oHo
10 be cinsscd with iHpltor, or ihut tue
cxpendlng of money for the services OF
secretary or treasurer " Dor other purpose
fnlIing within the category of huying school
sItee mad huyinu, hGlldipg, repairing ana
renting school houses. This rule OF con
struction OF the above language Of the law
may he properly invoked Withheld "
Cofnpregg Company. rcNns CT. Rep ~.
But II II should be held thai me board
has under the authority OF the act tcleH'H
10 or any uthei provision OF law 20 pay sh
s~Ies 10 lis secretary and treasurer u would
be against q Well settled ruF Of puhhc POI,
ICY 20 allow u 90 pay money 10 w. uMn
members under the gilsc ~ compensation
Tor extra official duties.
People vs.. Township Ronrd, II Mich
~ Pickett 49, school District ~ We
~: Coal Company IS sherman, no RWb.
ga. Whltec0te Va. Lawrence 3 Wesley
$50 Moore ys. Independent District, %
Iowa. G54 WRyWirc VS. Powell 100 mo
SOS: Shakespeare VS. smith, ~ Cal, 81 q
scott vs. school District 80 Yer, 1906
McFurmnd vs. Gordon tNt.l 81 Atlantic,
50T: Buck VS. Eureka. lna Cal, 3A /;
TurguYn az NfUfO"t 81" Milford Water
Company, t2i ia. St, a1o.
Appellants occupy fidue'ary relation
to the city and in such relatior they
can not place themselves in the antao-
onistio position OF obtaining contract
Of employment within the gift OF the
board They can not deal with them
solves and this is especially true in this
case, where the plain purpose Of the law
is that they should serve without COM
pensaton.
We deem It unnecessary TO notice other
reasons urged by counsel for appellee In
favor of the correctness OF the Judgment,
although they are entitled 70 considerable
weight The Judgment of the court below
viii he affirmed.
c. c. Garrett, Chief Justice.