Ussery v. City of Laredo

Citations

• 65 Tex. 406
• 1886 Tex. LEXIS 679

Syllabus

<p>1. Public schools, what necessary to constitute—Public school fund—No AUTHORITY IN SCHOOL BOARD TO APPLY SAME TO OTHER PURPOSES THAN PUBLIC SCHOOLS —Teacher of private school not entitled to pay out of public school fund— State superintendent of public instruction, revisory powers of—Case stated—In 1883, IT., under a contract made with three persons claiming to act as trustees of the public schools, by appointment of the county judge of Webb county, taught a school for five scholastic months in school community No. 1, embraced within the corporate limits of the city of Laredo, in that county. By the terms of the contract, IT. was to receive $60 per month for his services. Several months prior to the date of this contract, the city of Laredo had assumed, under the statute, exclusive control over the public schools within its limits. IT., after teaching about two months, applied to the city council of Laredo for a ratification of his contract, but no action was taken upon it; and, at the expiration of the time for which he had contracted to teach, he presented to the council his claim for allowance. A resolution authorizing the payment of the claim was passed, but the mayor refused to issue a warrant therefor, and returned the resolution, with his objections thereto, to the council. From the city’s refusal to pay the claim, U. appealed to the state superintendent of public instruction, and that officer directed the city council to pay it. This order was disregarded, whereupon U. applied to the district court for a writ of mandamus compelling the proper officers of the city to issue to him a warrant upon its treasurer for the amount of his claim. Held:</p> <p>(1) That, to constitute a school a public school, the method by which public schools may be created, teachers employed, salaries paid, &c., pointed out by the law, must be pursued;</p> <p>(2) That, under the circumstances of this case, the school taught by Ü. was nothing more than a private school, and the city