South San Antonio Independent School Dist. v. Martine
| Decision Date | 20 May 1925 |
| Docket Number | (No. 7418.) |
| Parties | SOUTH SAN ANTONIO INDEPENDENT SCHOOL DIST. et al. v. MARTINE.<SMALL><SUP>*</SUP></SMALL> |
| Court | Texas Court of Appeals |
Appeal from Thirty-Seventh District Court, Bexar County; W. S. Anderson, Judge.
Suit by J. A. Martine against the South San Antonio Independent School District and others. From a judgment granting temporary injunction, defendants appeal. Reversed, and cause dismissed.
A. S. West, of South San Antonio, and O. B. Black, of San Antonio, for appellants.
Heilbron & Kilday, of San Antonio, for appellee.
Appellee applied for and obtained a temporary writ of injunction restraining the school district and its board of trustees "from directly or indirectly, authorizing, permitting, allowing, or acquiescing in the use of any of the school property of said district for any purpose other than school purposes, pending the final disposition of this cause, and restraining them, and each of them, their agents, servants and employees, from directly or indirectly, authorizing, permitting, allowing, or acquiescing in the use of any of the school property of said district by any person, club, organization, or fraternal society for any private, sectarian, political, or social purpose, pending a final hearing and determination of this cause." Appellee claimed in his bill that he was a resident of the school district and a taxpayer therein. He claims in his bill that the schoolhouse, which cost $34,000, about five years ago, has electric lights and water facilities, both of which are paid for out of school taxes, as well as the upkeep and maintenance of the building. The complaint was that the board of trustees had allowed various and sundry persons, clubs and fraternal societies, to use the building. It was further alleged that these persons and organizations had used the building for sectarian, political, and religious purposes, and it stated that in November, 1923, the trustees allowed a Sunday school class of the South San Antonio Baptist Church to have a "box supper" in the school building, and that the funds arising from the enterprise were used by the class for its own purposes. On another occasion one Dale was allowed to stage a vaudeville show in the school building, and on another occasion candidates for public offices held a meeting. Among others who used the building were persons who belonged to a band, brass or otherwise, and actually practiced their music in the building, and "a certain organization known as the Kamelia" held some kind of entertainment in the building. Again "an organization known as the Maccabees" held an entertainment, and then, to cap the climax, "a certain individual," name not disclosed, held an entertainment for his own use and benefit. All these people used water and electricity and increased expenses and caused wear and tear on the building, and caused great damage. Appellants moved to dissolve and dismiss because the court had no jurisdiction.
It is provided in article 2867, Rev. Stats. that a city or town may assume exclusive control of the public free schools in its limits, and by...
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