The Houston Daily Post (Houston, Tex.), Vol. XVTH YEAR, No. 124, Ed. 1, Sunday, August 6, 1899 Page: 10 of 16
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Stato board of education ivA restraining
order was prayed for in tho amendment au
in the original
Mr Sears objected to the amendment on
the ground that an indcllnltu number of
temporary restraining order might bo so
cured by this menus andorf other rona
onB The court agreed to near counucl
and the argument begau
Mr Oliver bocan by asserting that tho
constituted authorities In tho premises hud
upheld tho allegations mado In tho plain-
tiffs petition both sides having submit-
ted tho case
Mr Sears Interrupted to say that tn
defendants had never been beforo tho Stato
superintendent
Tbo action of tbo State superintendent
nnd board ot public Instruction Mr Other
continued gavo tho plaintiffs tho prima
facia right to have a restraining ordor is-
sued them Thu allegations mado Messrs
Cado and Shearn of tho school board de
facto officers but thoy were really do Jure
officers It was not Incumbent on tho
plaintiffs to do more than protect tho
rights given them by Superintendent Ken-
dall and the Stato board
Whcro did Mr Kendall get his powet
to say who la nnd who Is not an officer
nskej Mr Sears at thl3 Juncture
In answer Mr Oliver read from para-
graph 2038b of tho Texas otatutes regard-
ing tho duties of tho suporintendont ot
public instruction as follows
Tho miperinteudcut ot public Instruc-
tion shall bo charged with tho administra-
tion of tho school law and a gcneial su
porlntcndency of tho twslnosa rolatlng to
tho publlo schools of tho State Ho shall
hear and detcrmluo all appeals from the
lullngo and dcclsloua ot subordlnnto school
officers nnd all such officers nnd teachers
shall conform to his doctslLtis unless they
aro rovcrsed by tho Stato board of educa-
tion Ho shall prescribe sultablo forma
etc S988d The State superintendent shall
advise nud counsel with tho ashoOl otfl
i
THE BIGHT IS ON IN EARNEST
First Skirmish in Legal Battle Over School
Superintendence
THE HEARING OF PRAYER FOR INJUNCTION
Recent Law Regarding School Trustees Claimed by Defendants to
Be Unconstitutional and Otherwise Defective Plaintiffs
Claim the Law Is Valid and Also Operative
the Houston public schools Is now fairly
started on its course through the courts
The hearing ot the petition for an In-
junction tb restrain Prof W W Barnett
from assuming tho duties of tho office and
certain members of tho board of trustees
Including Mayor Brashear from in any
vny Interfering with ths management ot
tho schools was commenced before Judgo
upheld by the law In their election of Prof
Barnett
T + +
Tho hearing commenced promptly at a
oclock yesterday morning with Messrs
floss Wood Hunt nnd Oliver present in
represent tho plaintiffs and Messrs Sears
and Sto art for lho defense Mayor Bra
nnd appoint successors for them Several
other authorities were cited In this con
connection
+ +
Mr Oliver after an argument of somo
Tod In the Eleventh civil district court i length gavo way to his associate Mr
yesterday Practically the uholo ot tho lloss who consumed the lnrger portion ot
day was occupied by the argument of tho remainder of tho session with an
counsel and but little was accomplished elaborate nrgument In support ot tho posl
toward the desired end further than tho tlon nssumed by tho plaintiffs He gavo
bringing out of tho lines on which the two > several decisions In Kansas Oregon New
parties will make the struggle Court was y0rk and other Statos In which States
shear was in court during the day as were lai t was also noted The now law which
Professors Klmbrough and Barnett and a
number of otherpersons interested In the
case
The defense Hied Its answer and Ml
Oller for tho plaintiff offered an aruond
cd petition which dlffored from tho orig
inal petition heretofore published In Tim
Post only In that it had reference to the
vent into elloct on May 30 1899 was read
tlonod but tho other mntter did not ap
t >
Interest in the same
e i vioM
your honor plcaso and may It please tho
board etc
Mr Oliver then asked that tho Injunc
tlon be granted on tho ground that the
allegations In plaintiffs petition entitled
The fight over the superlntendeney ot I the case of Commissioners of the Sinking them to such and for further reason that
Fund vs Oeorgo et al In 47 Southwestern the matter had already been decided by tho
Reporter 79 educational authorities There was no
Hoferrlng then to the act of the Twenty fBt salaried office at Issuo In this case
sixth legislature counsel declared It re Tho contention was as to who should con
pealed tho law glvlug to tho mayor and the trol tho schools ot tho city to the end that
city council tho right to removo trustees ticy bo conducted to tho best advantage
Counsel thought that an Immediate de
cision should bo rendered but tho couri
ruled that further argument be held next
Tuesday nt 0 a m to which time ad-
journment was had The court room was
extremely warm nnd the adjournment was
apparently a rollef to all concerned
+
THE DEFENDANTS ANSWER
Following Is tho answer of tho defend-
ants to tho allegations of plaintiffs
In ro Uuard ot Public School Trustees of
City of IloueUn ct al vs S H Drashear
adjourned at i p m and further action In bo assorted practically tho sumo condl etnl In tho district cjurt ot Harris couny
tho matter deferred to next Tuesday tho tlous prevailed as regarded tho matter in Texas In tho above numbered and cn
Sth Instant I hand Tho clauso In the Texas conbtltu I Hod causo now come tho dofondanta S
° dealing with the matter of statutory J ah car An drew D a °
The contentions of tho two parties to Jrf
Henry I > Msliur jainos cnarnon anu
aml constitutional officers was not orlgl
tho suit havo been noted i 1 tho
already at length iai but was probably borrowed from somo W Harnett and in compliance with
In Tho Post The plaintiffs hold that tho i 0 the older States likely from Michigan rule entered on July 10 1800 by this court
superintendent of public Instruction and Counsel continued by citing tho different requiring them to show cause why an In
the itato board of education constltuto the ncts ot lD0 Stato legislature rcunrdlng Junction should not bo granted horem
teluro ot ° tii0 of sch01 officials and Hie this their answor nnd showing why
BUpieme authority In tbo premises nnd that
al80 rcad from M CUCJclope1a of law ro injunction should not bo granted hero
the new law providing for tho election of i Eardlng tho construction ot constitutional In defendants say
trustees is valid and thoroughly appllcn piovlslons Tho legislature ho asserted That plaintiffs petition Is wholly ta-
ble in tho present InUance Tho defense did not understand tho trustees to be con sufficient in law for plaintiffs to maintain
on tbo other hand contends that the now utitutloual officers but regarded thorn as this suit and defendants except and demur
ii u 1on Is unconstitutional and lugisiatlvo officers or rather ndminlstra to tho samo and pray Judgment ot tho
defecthe that the
wholly State cduca1 tV0 RcnlB who wero not rqutred to tatto court
tlonal iofficers havo
absolutely nothing to lin oath to support tho constitution Tho
the members h fMln1 tb BMhe r conttltution counsel continued contained
of tho local school boird who
acted with blui and tho city council aro
Defendants specially except and demur
to said petition on the following grounds
a proUslon authorizing tho legislature to mid for tho following reasons
fix tho compensation of all officers not pro Becauso tho samo Is not sworn to aa
lded for In tbo constitution and as the required by law and tho party swearing
trustees were not provided for therein t0 8amo shows no authority to swear to
they wero not constitutional officers Ihnme as agent
Mr 11033 also road from a Post clipping utcnuo as to plaintiffs J It Cade and
the correspondence which Kissed between Charles P Shearn said petition Bhows on
Ma > or nraahoar and Stnto Superintendent na face that It they wero over members
Kendall togothor with thu deciBlon of tho I ot lB boara of school trustees of tho city
a tor In tho premises Tho approva of ot Houat n that theIr ter2n ot ofaee baa
this decision by tbo State board on nlday expUcil pror t0 tho filing ot this suit and
said petition falls to show that they havo
any authority to continue in otilco or
by counsel who explained Its provisions i
th t
It provided among other things for tho f ii II y y
repeal of ull law a and all parta of laws In
coulllct therewith
Mr Itoss then yielded the floor to Mr
Scars who said In effect that ho would
not attempt to reply to tho various author-
ities cited by tho plaintiffs becauso ho did
course pursued by tho defendants subso ot bellove they had anything to do with
nuent to tho filing of tho original and to tho ca80 lho Ilou ton board of trustees
formed under the
the appeal taken trom tho decision of State w aa city Messrs
Shearn
superintendent in tho premises to tho
Becauso said petition docs not show
any authority or right ot plaintiffs In-
dividually or as officers to bring or main-
tain this fault
Becauso all that part of tho petition
relative to plaintiffs having submitted to
tho superintendent ot public Instruction
tho right ot plaintiffs to hold their post
and Cado ot the old board weroltlon ot trustees la wholly Irrelevant and
appointed two yonrs ago last May If I Immaterial so far bb defendants nro con
counsel contended tho law ot May 30 was l corned and tho ruling alleged would bo
constitutional It was nuvor intonded to void as an nttempt to continue in offlco
repeal tho provisions In tho city charter officers whose terms under tho constltu
havlng connection with tho matter Tho tlon of Texas havo expired and an un
fortysccond section ot tho city < hnrter j authorized and unlawful uttempt on tho
was read nnd counsel stated that It wni
not conlllctlng City charters wore grant faro officers
rd at each session ot thu legislature and
form tho supremo law of tho towns or
part ot said superintendent to docldo who
And for answor the defendants S H
Brashenr Andrew Dow George Jones
however the charters conflicted with gon W Barnett
oral Inws passed later thereforo a section That It is not true ns alleged by the
had boon placed in tho Houston charter plaintiffs that tho plaintiffs with Henry
providing thnt no part of It bo repealed y Fisher and James Charlton are tho
by subsequent legislation unless tpeclll
cully pointed out Tho caso of Snyder vs
Complon In S7th Texas was cited
trustees ot tho public bcicoh of tbo ir
of Houston but these defendants say that
enid board as they aro Informed and be
n this connection as was that of Hove and so charge tho fact to be Is cim
Hendrlcks vs 1ckford from Harris couu p08Ca ot s H Brashear as mayor of tho
ty In which counsel doclnred school trua city ot Houstou Androw Dow Goargo
tees wero held to be county officers Tho
Jonc8 Hcnry F Pl9hor Jnme3 Charlton
leg slnturo had not the power t was ns jm FonwJk nni D r DUuscm and
bad no right to extend tho term Of ofliCO
nresldnnt Ohirlni
is Preslllont nf iild hoard nr Mint Charles
of officor Tho caso of Stubbs tho
City of Galveston was cited In connection
with rhiB assertion In this caso It was
held that tho plaintiffs term of offlco ex-
pired legally at tho end of two years not-
withstanding tho fact that plaintiff re-
mained In offlco for somo months there-
after
At this poiut tho court Interrupted coun-
sel and announced a recess until i p m
+ + +
AFTERNOON SESSION
When court reconvened at 2 p m Mt
Scars continued his argument
In addition to tho reason already noted
counsel said tho act ot March 30 was un-
constitutional becauso tho caption did mn
contain any provision regarding the con-
tinuance lu offlco ot school trustees The
method ot their uniform election was inen
P Shearn Is secretary thereof
Tho defendants represent and show to
tho court that under tho charter of the I
city ot Houston It Is provided as fol-
lows towlt
Sec 8 Tho mayor with six citizens of
the city of Huuston three of whom shall
bo appointed each year hy tho mayor and
confirmed by tho council shall constitute
tho board of public school trustees of
eald city and such board ot public school
trustcos shall hnvo oxcluslvo charge and
control of tbo public schools of tho city
under tho laws of tho State governing tbo
free publlo schqol of independent schcol
districts
That said charier was passed by the
lcglslaturo of tho Stato of Toxns and be-
came a law on or nbput the 15th day of
May 1807 that by vlrtun of said pro-
visions S II nrashoar who Is mayor of
said city Is a membor of said board of
enld BOhool of public trustees and defend
cersof tho counties cities and towns and pear in tho caption Counsel then cited nnts admit that ThiT pialntTffs Frcd Fen
school districts as to the best mothnds of from tho SCth Texas a Uoclslon of Judgo I wick and D D Bloxsom and tho defc l
conducting tho publlo schools and shall bo Qalnea regarding the mnttor of th 8Ubant James Charlton wero appointed to
Blanco or effect ot a bill being expressed
In its title
luugcc uiiiuiiik > ur uuaui wnu u >
cers and tcacbors in all cases wherein that The terms of Messrs Cads and Shearu
provisions of the school law may requlro counsel declared had uapircd but thoso
said pisltlon of trustees on or about the
first Monday In June 1S08 for a tirm ot
two years
It Is also admitted that tho
Interpretation In order to carry out tho of five othor members Including the defendant Henry F Flshor was npnolniod
designs expressed therein also In casca mayor had not expired By vlrtuo of ns a momber ot said board on or about
provisions of tho
rJK
HOUSTON DAILY POST SUNDAY MOKNING AUGUST 6 1899
havo possession of nil of tho property of
the city schools Tbo defendant members
of the board Wero do facto and de jura
ofOcers The ftbowlim wade by tho plain-
tiffs counsel declared was absolutely tho
most nonsensical ha had over seen and
ho thought no court would grant tho In-
Junction asked tor
At tho cIobo of Mr Soars argument Mr
Oliver addressed tho court asking that
the injunction pi ay eel for bo granted He
hold that no former legislature had the
right to limit or restrict tho action ot
any BUbsequont legislature or to lnstrucl
tho later body how to repeal or how not
to repeal an act already passed Countiel
elicited several audlblo smiles by asking
why Mr Sears had gono beforo the Stat
board of education with his appeal If he
really thought that body to bo as weak
and puerile as he had represented It to
bo beforo the court Ho did not speak
ro contomptubualy of them when ho was
beforo them declared Mr Ollvor ttltti
considerable animation then It was It
that may arlBo In which the law has muds new law Messrs Jones tho 17th day 0 Apill 1S03 for 30 1S90 Bhould hold their positions until
Shearn nnd J It Cade nro mombers of
said board of school trustees but allege
that their terma of offlco havo expired
under tho constitution ot tho State ot
Texas and thnt If any law has been pnsscd
continuing them lu office then thcso de-
fendants say that thoy i w Informed and
bclluvo and charge tho fact to bo that such
law Is unconstitutional and void
Defendants sav that it Is not true as
alleged by tho plaintiffs that If thcso de-
fendants aro permitted to Intcrforo with
said schools thnt such Interference will
produce Irreparable Injury or that tt will
disorganize tho schools or prevent tho
propor administration of tho samo or that
thcro will bo a conflict In tho corps oC
teachers and they say that If they aro al-
lowed to pursuo their course as trusteos
ot said school board thnt they will ns far
as their ability lies organlzp said schools
and administer samo for tho best Interests
ot all concerned and thoy deny that thoy
havo any Intention of forcibly taking pos-
session of said buildings except as they
may bo ontltlod under the lnw to do or in
any manner Injuring tho said school prop-
erty and they further say on Information
nnd belief thut all of the school buildings
which aro owned by tbo city of Houston
are built on property owned by said city
and that said bulMlnga were built with the
funds of said city and tho said mayor and
tho school board above named wero In tho
ilghtful possession thereof whon this suit
was filed
Dofcudnnts rurthor say that If tho plain-
tiffs did as nlloged submit their right
to hold their position of trustoes to tho
superintendent of publlo Instruction of the
Stato of Texas and ho ruled that the de-
fendants Oeorgo Jones and Audrew Dow
wero not members of said board of trustees
nud that tho mayor of said city was not
a member of said board and that tho mem
bers of the board as it existed on March
a torm of
noprovision and whoro pecesslty required and ow had been legally elected by tho two years and defendant also admit and1 tJie next election as provided In the act of
other lawful mombers of thu hoard and tho Stato of Texas ot
somo rule In ordor that thero may b no
hardships to individuals and no delays or > il also been appointed by tbo cty coun
inconvenlcnco in tho management ot school J uuder tl0 provisions ot tho city char
attatra
taken by these authorities counsel saw jon
The State suportntendent counsel
no reason why tho Injunction prayed for Ho rovcrsed his ruling subsequently
should not bo granted The defease ho replied Messrs lloss and Ollvor ot coun
said bad no ground tor claiming surBel for tho plaintiffs
prise for the amended petition was praol Mr Sears denied the right ot Mr Iden-
tically the samo a the original differing dull to mako a ruling or to reverse It
show that about the 10th day of July 1890 t o legislature ot
tho terms of offlco of Charles P Shearn March 30 1809 then those defendants say
and J R Cado having expired as defend lhfy dIy nPnca f1 ° fi ° na
n n
all of ald ruling and
nnts arn Informed and believe and so of oration from
Th legislature Mr Oliver argued had chirgo the fact to be that f ea d Stato board sustained said superln
hO O M
B
nranred mothod for the handling of h p0U0 rJrM bSS c of aW c tty rieorge J
chool matters It was necessary to JffMa Vt tUoP VaoXr Jonc and Andrmv n ° w t h ° USnt
Homo one iu autnorlty to act summarily th0 Houston board Counsel wm read horn of boa rd Bd tnc > du > > r rifled on or about fXi > and and
la canca t emergency The superintend JSrtlnedCopies 01 comnrunicat ons sent oS saia lato aud < ook < ho oath of office as f b ° of ° the neous atal0 of
tb0 law
ant constituted tbo original authority and by Mr Kendall tosupport this such Publl ° B < ° ° > trustees and tho de
nju > Btatemeut
July 1809 appointed at trustees of the
publlo schools by S H llrasbear as chair-
man James Charlton and Henry I Fisher
act of tho
a majority Qf the ramulnlng ilvo trustc 3 mcro V1 eontlmio In office onohalf of them for
of said board nnd tho said Ooorgo Jones years and tho other bait for four
and Andrew Dow having been so appointed oyond the terra for which they were
only In that lt dealt with tho coune pur Tho State board had given the hearing of m trustoos qualified nnd ontercd upon the
aued by ths defendant rihserysnt to W ensa fifteen minutes time counsel de duties ot their office Tha defondants nd
tbaflllng of the ortGlnnl and with tbo apclurod nnd the members of tho board mlt that thu plaintiffs Charles P Shoarn
peal talcen from tba Stato superintendent knew no inoro about the matter lu baud and J Tt Cado wero appointed to tho posl
upAto the State board of education Tha that counswl Knew of the Hottontot Inn tlon ot trustees of said school board on or
Counsel then read
opening of the acUoola wa close at hand euago from the atat about tho day ot May 1897 for a terra
to adjuni andnenamff the holding of the thpJ l n t omen Messrs Sear 1 fl ° of tho 8111 J > t c me Pd 0ir e 1H
1
MJOvnM B8 appointed two addl anVoilvcr sparred regarding the matter1 sblarn as huy aT9 laf aB < 1 a3d Uttleve
s MokalVw fWtheboard owing hl > action Vndo the scope 0 the arguVueiitnnd Bl > oh ° P 1 > the month of
tbeVptaltlpa thattbeWent act of the t tho close of tho bout Mr7Sears took Ma 1S09 nna B8d aorK j01 nd
lojriatature In UepretaUei was uuconstl occasion to characterise the pleading ot Andrew Dow wern duty and legally ap
their
ttft MlThfiL < In question was atld the plaintiffs a silly and absurd aud the
Minpl contended b cauw the cqnitttu Uct dcflnltig tbo duties of the State Btiper
MMal RrorWooJlltoltlngCthe terms of intendent aa of such e uaturo as t0 make
oMol oHeerf to1 two years did not apply the matter of a uniform construction an
t trawt If thetrustee were entirely impossibility
twill frtwo ar < the efficiency of
thaoakMU ol4he greatly Impalredf
W H H of ttl > tlon coumehelted
Counsel contended further that all tbt
plaintiffs had not sworn to the allegations
made In their petition Neither did they
pointed and have qualified a auooe
sorfl These defendants admit and say that It
Is irue that they except the defendant W
TV Darnctt claim to be tho achool biard
of the city of Houston and thoy further
say that they huve elected the dofeodant
W W Darnett aa superintendent of the
said board am
in violation of
Texas for this
support Jhnt of ald achool board
tho State board of education tba appellate aml 8ked whyi ln no lgnt of atep fendanta represent that said OooCeo Jonoj said members for two years and at the
body Considering the tctloa herototoro uvents Mr Kendall had talcen such ac nd Andrew Dow woro ou tho 21th day of lTnP mat time their terms expired and
undor said alleged law of March 30 180a
these trustees then In offlco would by a
legislature ba reappointed
appointed which defendants allege Is in
violation of the constitutional provision
which provides that the duration of all
offlces not tlxed by this constitution shall
novor exceed two > And these do
fendanta say that each and all ot aald rul-
ings were erroneous and against Vae law
for this that the charter of the elty of
Houston contain the following provisions
section it Thnt this act shall be deemed
a publlo act and Judicial notice shall be-
taken thereof In all courts No general
law hereafcer passed by the legislature of
tho Stale shall be held to repeal any
power heroin granted or which Is now
vestod in the corporation of Houston un
lesa the act conferring such power bo spe
clalyvrpferred to In such repealing act
And those defendants on Information
nnd belief allege that no law ha
been passed by the legislature of
the Stato of Texa by which any power
lu ald charter granted to the city of
tHou tou or now vested In tho corporation
of the city of Houston haa been repealed
public schools ot general law PeclaIlyvrefcrrlng to
said city and thoy fur by any
ther ay that on or about the 17th day of tuch repealed section and those
July 1880 i Information and belief o that
acting under the charter nud ants on
provisions of tho city of Houston the teach and all of tho charter provlslpin joi
mayor of said city as they nro Informed tho city of Houston are In full force and
nnd betlcvo far as school matters are con
appointed and nominated the
defendant W W Barnett for the posi-
tion ot superintendent ot Bchools ot thu
city of Houston and on said dato the city
council of tho city of Houston duly con-
firmed Lfio said W W Barnett as such
superintendent of schools and ho there-
upon ncccptcd tho oald appointment and
did thereupon enter upon tbo duties ot his
offlco and continued to perform tho dutlos
thereof until Interrupted by this suit
Defondants further state that the board
ot public school trustees ot said city com-
posed ot Fred Fonwlck tJ E Bloxsom
Honry I < Fisher James Charlton Andrew
Dow and George Jones with S H Bra
shear tho muyor of eald city also ap-
pointed said W4 W Barnett as superin-
tendent ot schools and he accepted said
appointment and has entered upon thu
duties of said office as horelnbeforo al-
leged
These defendants say that It Is not trua
Is not true thut tho plaintiffs have pos
session of all of tho property or that thoy
aro controlling and managing tho same
but defondants say that when the contro-
versy aroso prior to tho filing of this ault
ns to whether or not tho plaintiff or those
defendants alleged compassed tho school
board ot said city school buildings and
publlo grounds of said city with tho koys
of tho buildings wero In tho poviesslon of
tho Janitors who wore under the direct
control and sunervlsln of the mayor of
said city and the board composci
defendants and to create a pretense a3
thesa defendants are informed nnd bo
Ilcved and so chargn the tact to be tho
plaintiffs or some of them surreptitiously
of school trustees composed of said Fred
Cjcct so
cerned and that under and by virtue of
said charter It Is provided that the mayor
of tho city at the expiration of the term
of tho Incumbent who was In offlco when
raid charter wbb passed on or about
May 1SP7 should nominate a candldato
for superintendent ot schools who would
bo confirmed by the city council and tho
defendant W W Barnett was appointed
superintendent of schools In accordance
with said provisions nnd qualified and was
acting as such at tbo time of tho Institu
tion of this suit
Thcso defendants on Information and be-
lief allege that each of tho rulings of said
school board and superintendent are erro-
neous and without authority of law and
that said superintendent and school board
havo no authority In law to determine
who are school officers nnd that their ao
tlon In so determining has no legal effect
but la purely gratuitous and that the same
should not bo considered In this cause
that tho plaintiffs are in possession ot all but that tho same should bo set aside and
of tho records ot tbo board ot trustees ot
tho city of Houston or that they have pos-
session of tho buildings ot said school as
well as all othor school property pertain
annulled
Wherefore these defendants having now
fully answered all the mattors and things
sot out In the plaintiffs petition deny
Ing to tho public schoolo of the city of that tho plaintiffs aic entitled to an In
Houston and they respectfully show tho Junction herein and they pray that the
court that lho plaintiffs havo not tho posj same may borefused and that they may
session but thcso defendants have posjbe permitted ns In law they believe they
session of tho Longfellow school In lho nro entitled to do to continue with their
Third ward of said tlty the Taylor school duties as members ot the board of school
In tho Fourth ward of mid city and of tho trustees of the city of Houston and as
Fannin school also In tho Fourth wardschool suporintendont ot eald city nnd thoy
of said city And these defendants say tt ask for all general and special relief In the
premises
Of L J
IN MIIMOUY
Hope Died In Temple
July m
Jmois while our hearts are bleeding
Oer the spoils that death has won
Wo would at this solemn meeting
Calmly Bay Thy will be done
Though cast down wero not forsaken
Though afflicted not alone
Thous didst give and Thou has taken
Blessed Lord Thy will be done
Call not back the dear departed
Anchored safe whore storms aro oori
gained porbesslon of tho keys to several otj On tho border land we left them
tho buildings belonging to the public Soon to meet and part no more
schools ot said city and attempted to takoWhen we leave this world ot changes
and did tnko possession thereof by locklnK When we leave this world of care
thu doora ot said buildings that the bourd We shall meet our missing loved one
Fcnwlck D E Bloxsom Androw Dow Annie
Gcorgo Jonco Henry F Fisher James
Charlton and S H Breashear havo hid
and now havo possession of tho presidents
offlco of tho boird ot trustees at tho Mar
Iloimtnn Ciivalry Entertainment
At a meeting of the Houston Cavalry
keTHouslTor city Hall rn safd cVy1 w wch ast nleht ll was decided to havo mule
has been recognized as tbo presidents ofraces and a goose pulling at tho baseball
flea for many years nnd they havo pospark on September 4 Labor Day for tho
session of all of tho book3 nnd records
belonging to ald board pertaining to tho ffi STSfvi 1 V fUDd
offlco ot president of tho board of trustees J o f u > h y b n so far en
that tho said S H Brashear has been at ced bf ebe ° f A0 tr = p 83 rae
all times prior to tho filing of this suit TmlTn LT1 Jh ° f ° lottlE
since his election attending to and being i 1 ri cha ° f be entries H
recognized as tho presiding officer of said e r orftt ardJ ° K ache D
DumbIe aDi UvalJe
board and ho and said board have charge Burai Jr
ot tho Janitors In charge of the school
buildings and each ot said Janitors was In-
direct charge and control of said boaid
when tho plaintiffs or somo ono for them
In somo way got possession of somo ot
tho keys to somo of the buildings that tho
said S II Braohoar ns president of said
board has as thoy aro Informed and be
lievo Insured all tho Lulldlngs balonglng
to the public schools of tho city of Hous-
ton nud now has the policies in his pos
oesslon as presiding officer ot said board
Thcso defendants deny aa alleged by tho
plaintiffs that they nro threatening to In-
terfere with tbo exorclso by the plaintiffs
D E Bloxsom and Trod Fcnwlck of their
duti 3 as trustees as aforesaid or tbnt
thoy nro threatening to Intorfero with
their control together with the pthcr mem-
bers of said board or possession 6r man
agement as trustees of Bald school or
property belonging to the same but they
cities for which granted In many cases Henry V Fisher Jamos Charlton and W say that they do not recognize and do not
respectfully show the court belloo that tho plantlffs Charles P
SOUTHERN RAILWAY
Tho Improved schedule and facilities
mako tho Southern railway the choice
route from West to East
Leaving New OrleanB or Memphis via
tho Southern railway you roach Washing
ton Baltimore Philadelphia and New
York without change of cars and hours
ahead of otner lines The improved facil
ities mako tho Southern railway particu
larly attractive sold vestlbuled trains
composed of decant Pullman drawing
room sleeping cars high backed coaches
superior dining cars library observation
cars cafo cars everything that will con
tribute to the pleasure of tho passenger
Only 3i hours from New Orleans to
Washington and iO liours to Now York
without chango Only 33 hours from Mom
phis to Washington and 30 hours to Now
York without chango of cars Safe and
swift and luxurious
There is No More
Acceptable Present
Under
the
Broiling
Sun
Than a Handsome
I RASOL
We have a variety of hand-
some Parasols suitable for the
country or the city compar-
atively plain or richly mount-
ed in gold and silver and
gem set and as I desire to
close out my entire line of
Umbrellas and Parasols I will
allow a discount of 25 per-
cent or the next 30 days
L LECHENGER
1 he Jeweler and Optician
Store and Factory 403 flaln Street
Phone 103
A Loving Dainty Wife
llk to e her hus nd i a In
riy Immxrulit
men V c n clt mny t e of her lves
Insist on stnilnc their linen 10 our UunirtS
Un w ne w tu > tb most complete pUnt In the
2 MODEl LAUNDRV I
ph0M I8 sou Pralrl Ave
Steam Cleaa lag and Dycine S
>
tv
4
PAIN IN 6X
How often vou feel that dull ill
in your back and wonder whii 2J
Lookout for it Thereisin vH
withouta cause and the iJ
pain ts hs going It to lay you Up sbotftfl
mon tells of a weaMa
should cure it Your kiiotn D
cryingfor needed help yoursgfi
maybe exhausted and wntSB
you may have locomotor iuJJ9
first stage or lumbago all of whi
serious and need to b cured fT n
your health W
The McLaugHlil
Method
Electricity is the modern remedy This is the lifeof the nerves iU
the organs depending upon them It will when applied accordiniV
improved methods cure the cause of these pains and lay the foundilSSS
perfect health My Electric Body Belt pours vitalizing force iritiaffi
nerves of the back and no pain can exist where it goes Utrneknd
my new booklet about it or if possible call and test my method fror
DR M A M McLAUGHLINM
285 Main Street DALLAS TEJC
Oood Values In
at
cw
1LJL rVLrf
WftSS
fFOR THE
STOMACH
BIBLES
BALDWINS
503 Main St
SwAtaUK Tcx an u ald t t
town in5 next to KOd ness This
J k
awv
part uiu I ° a fn cleanliness Do your
c
Lm ean the town and all bands
iTtU
For Sale at all Saloons and Drug Stores
I NEW BOOKS 11
EQUALITY by Belltmy
THE WlllTn ROSE OF MEMPHIS
h ull < ner
THE NAKED TRUTH < Ros
THE SORROWS OF SATAN Corelll
THE CHOIR INVISIBLE CAun
AN ARKANSAS PUNTER Rid
< JP TERRAPIN RIVER RmT i
MACARIA Augusta Evns
uaaxawi MMniimia n vw
INEZ AuirusU Evsns < j
EDNA DROWNING Holm 4
SPECIAL BARGAINS
l > CLOTH BOUND SET fc
ijVoU Dickens Work f
IS Vols Thomas Cyt > > > uf
Phone 279 JNO S PTJBpJ
V Hemtea Tiaj
g 1111 Censreta Avenue
BOOKS BOOK
Davijl Harum Richard Carvel Wire Cuttew A Duet Jr 4
OaUfly Days WorK Mr Dooly In Peace and W r
all other Popular Books of the day fif
PILLOPS BOOK STORP r 4 < > p MAlNJi
Phone 37
Lifne Cement Brick
SAND PIPE ETC
E Al BURKE
Exceptionally
eUbyaUUMlDninUtL
W4JuNJlnuuwl W l
wr
Solil by Ii N Br ori 2SV l < > 3
DroacarUt Keir
when y
Lime ORC
TBLBPH1
VWft prMj MACATEE CO j
In fact as in name are
Ideal Cane Mills
Ideal Mowers 1
Ideal Wind
We carry full stock of EVAPORATOR
PANS of all sizes QRATES etc
I Hay Ties
Of course Oct prices
Bering = Cortes
I Hardware Co
I Prairie Avenue and Milam Street
Mi
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The Houston Daily Post (Houston, Tex.), Vol. XVTH YEAR, No. 124, Ed. 1, Sunday, August 6, 1899, newspaper, August 6, 1899; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth83106/m1/10/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .