El Paso herald. (El Paso, Tex.) 1901-1931, 1915-02-05


years ago.
Kelly Builds But One School.
AS shown above, mayor Kelly has
4 built but one school building since he
became mayor and that a comparative
" small one. At the same time the
( lumber of school children in the city
has increased almost so percent during
the four years he has been in office.
Thanks to his parsimony and the in
tluence he exercises over the school
board, Ell PaSOs school houses are
crowded far beyond their capacity and
of the 5000 increase in the number of
school children not more than $500 of
them can be accommodated in existing
schools, and then only by holding two
half day sessions each day.
What Kelly VIII See.
II Mr. Kelly can. as he has said he
can, be mayor as long rs he lives and he
lives long enough, he viii see the time
when thanks to the founders of the
state of Texas, and their wisdom in lay
ing the foundation of a great fund for
the upkeep of public schools through
out the state, the people of Ell PasO will
not be called upon to contribute a cent
maintenance of its public educational
Institutions.
VIII He still Take Credits
If mayor Kelly is alive at that time
there is not the slightest doubt that he
viii be taking credit then for the in
for the increase of the states appro-
priation for the maintenance of iths
public schools. just as he has taken
credit for those things now.
Much Is Not Told.
While mayor Kelly and his SPELL
binders talk gIibly about what He is
doing and has done for the public
schools of FL PasO there is much they
have not told because the spelbinders
don't know and mayor Kelly has not
taken them into his confidence.
They neglect to mention the part
played by the state in the upkeep Of
the public schools, not only of FL PasO
but of every other city and hamlet in
the state of Texas.
Part of Political Machine.
Mayor Kelly denies very strenuOusly
that the public schools of Ell Paso are
in politics, but every thinking man in
this city, whether he is a patron of the
public schools or not. but who is a
close observer of conditions as they
are, knows that the public schools of
I'll Paso are in politics, mayor Kelly's
denial to the contrary Notwithstanding.
VIII the Mayor EIpIninf
If the schools of Ell Paso are not in
politics and are not being used by Mr..
Kelly as component parts of his pOliti-
cal machine, why does he insist upon
taking such vigorous part in the
management of school affairs when the
school laws Of Texas distinctly provide
that the schools shall be under the con-
troll of a board of trustees, elected by
the people, and that that board shall
be absolutely responsible to the people
for the conduct of the schools, under
the boards control?
What the Law Says.
In order that there may be no mis-
understanding the law is quoted as
follows:
Article $3.50 of the Texas statutes
provides that: In a city or town that
h.. eHrnHa
Independent school district and where
a special tax for school purposes has
been voted by the people, or is provided
by special charter, not exceeding one
half of one percent, it shall be the
duty of said board OF trustees to de
termine what amount of said tax,
within the limit voted by the people,
or fixed by special charter. win be
necessary for the maintenance of the
schools, for each current year, and it
shall become the duty of the city coun-
ell, upon the REQUISITION OF THE
SAID BOARD OF TRUSTEES to annu-
ally levy and collect said tax as other
taxes are levied and collected, and said
tax, when collected shall be placed at
the disposal OF said school board by
paying over monthly, to the treasurer
OF said board, the amount collected for
the support of the schools Of such dis
trict, to be used for the maintenance
and support of the public free schools
OF such Independent district
FL PasO an independent District.
In this connection it may be stated
that the city of Ell Paso constitutes an
independent school district and its
schools are supposed to be under con-
troll of a board of trustees elected by
the people and answerable to the peO-
pie. W lille the letter of the law Is
observed in this case, is it not a fact
that its spirit is violated every day
and has been so violated ever since Mr. !
Kelly became mayor Of the city of El
2asO?
The attention of Mr.. Kelly has been
called to this matter repeatedly and
he necessity of a change suggested to
aim, but he has taken no action so Tar.
Case in Point.
That the mayor and city council
should have no control over the schools
IF an independent school district, such
IS exists in FL PasO, was set forth in
he decision of the case of the City
-ouncil of Crockett, Texas, versus the
Board of School Trustees (see "A c. A. I
rs 9S-S. W. $50, SD in which the fol-
owing language was used: Where
/ city's schools are under control Of ]
board of trustees and that board of
rustees determines, in its discretion, /
he amount of taxes which should be |
evied, within the authorized limit, for I
he ensuing year. THE CITY COUNCIL /
las No DISCRETION But TO LENA I
THE AMOUNT so FIXED BY THE /
BOARD OF TRUSTEES"
Another Section of the Law.
Article 2SS2, of the Texas Statutes, !
rovides that: The pro rata Of the !
valuable school fund of the State ap- |
rOpriated and set apart to such city /
u town shall be, by the proper officers, /
IF department OF the State. paid over /
irectly to such Treasurer of the board /
f trustees, who shall execute the prop /
r receipts therefor; and all monies and 1