Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1912-05-10

incorporated under the general law
that has or shall assume control of
its public free schools may appoint
six persons of good moral character.
and qualified voters of such towns or
city as a board of trustees for such
schools of which board the mayor
shall be ex-officio chairman
1t will be noticed that under the
law just quoted, it vas provided that
the members of the board of trustees
should be qualified voters of the city
or town, which, under the laws of
this state where women are not per-
mitted to vote, would be an express
disqualification of women to serve as
school trustees in towns governed
by that provision of the statutes. |
am advised that Brownsville was
governed by that statute, having as
sumed control of its public free
schools, as therein provided, and
prior to the laws of 1905, women
were disqualified to serve as school
trustees. In 1905, the tw~enty-ninth
legislature enacted a new law gov
erning the public schools of Texas,
and virtually repealed all of the
provisions of the law existing prior
to that time-Section III Of that
Act on page AT.
Sayles' supplement Of 1906 reads
in part as follows:
Towns and cities which hereto
fore have chosen their trustees
through appointment by the city
council or board of aldermen under
the provisions Of article 401S, Re-
vised statutes, shall be authorized to
continue to choose their trustees in
this manner; hat is, by the appoint
ment of the board of aldermen of
said city or town, provided, that
seven trustees shall be appointed at
first, four of whom shall serve for
one year and three for two years,
and at regular intervals of one year
thereafter, our trustees and three
trustees alternately shall be ap-
pointed each year for a term of two
years"
This section Of the law supercedes
and takes the place Of article 4OlS
under which the school trustees of
Brownsville had been previously APP
pointed. They are now appointed
under this section of the law.
1t will be noticed that the require
ment contained in the old law or ar
ticle 401S that school trustees should
be qualified voters Of the city or
town is not contained in this law.
In fact, this statute is absolutely ST.
lent as to the qualifications of the
school trustees to be chosen under
it. There being no constitutional
PRIV lolOn uClIllhS IAC quOliANollOh
of school trustees, and the whole
matter being open to legislative con-
troll and direction with reference
thereto, the legislature may or may
not prescribe the qualifications to
hold the office of school trustee in
towns and cities; and where they
have done So, as in some instances
requiring the trustees to be qualified
voters women would not be eligible
to the position. On the contrary,
have left it open for the electors or
the appointing powers to select
whom they please without any re-
strictions as to sex or legal qualiti-
cations al a voter or otherwise, the
appointing power or electors may
choose any one they deem suitable,
and in the exercise of that power or
discretion, may select a woman or
women for the board of school trus-
tees in towns and cities governed by
the provision of the statutes adopted
in 1905, under which the city of
Brownsville now selects it school
trustees.
In view of the decisions in the
cases above cited, including u W
supreme court and decisions Of num-
erous other courts to the same effect
that eligibility to Office belongs
equally to all persons whomsoever
not excluded by the constitution
and laws relating to the particular
Office in question, | am firmly of the
opinion that the city council of
Brownsville may choose a woman or
women to serve on the school board
for the city of Brownsville, and that
the woman or so chosen are
eligible under the law to hold the
same and may be appointed, and dis
charge the duties of such office with
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