Stanfield v. State

• Decision Date: 12 February 1892
• Citation: 18 S.W. 577
• Parties: STANFIELD v. STATE <I>ex rel.</I> McALLISTER.
• Court: Texas Supreme Court

18 S.W. 577

STANFIELD v.STATEex rel.McALLISTER.

Supreme Court of Texas.

February 12, 1892.

Appeal from district court, Bexar county.

Information in the nature of quo warranto, by the state of Texas, on the relation of S. W. McAllister, against R. L. Stanfield. Judgment for plaintiff. Defendantappeals. Affirmed.

Minor & Powell, for appellant.C. A. Culberson, Atty. Gen., for the State.

HENRY, J.

This was an information in the nature of a quo warranto to remove appellant from the office of county superintendent of public instruction of Bexar county.It appears from the petition that the appellant had been duly elected to the office for a term which has not yet expired, and that the only ground of complaint was that the county commissioners' court of Bexar county had abolished the office, in pursuance of an act of the legislature of this state, approved April 6, 1889, one section of which reads as follows: "That the county commissioners' court of any county in this state shall have the power and authority, when, in their judgment, such court may deem it advisable, to abolish the office of county superintendent of public instruction in their county, by an order entered on the minutes of their court at a regular term thereof.Whenever such office is abolished the county judge of such county shall, from the date of said order, perform the duties of such office; and the county superintendent shall immediately turn over to such county judge all the books, papers, records, and other school property in his possession."It is contended that this law is unconstitutional, because the legislature cannot delegate its legislative functions to any other body or authority.

The office of county superintendent of public instruction was created by an act of the legislature approved April 2, 1887, reading: "The office of county superintendent of public instruction is hereby created, and the county commissioners' court of any county in this state may, when, in their judgment, it may be advisable, provide for the election at each general election of some person, * * * who shall hold his office for the term of two years," etc.The act provides that such county superintendent of public instruction shall perform all the duties in regard to the public free schools of his county imposed by law upon the county judges of such counties as have no county superintendents of public instruction, and that he shall have and may exercise all powers and authority vested by law in such county judge in respect to matters appertaining to the public free schools; and that in addition thereto he shall take the scholastic census of his county.It will be seen that the act for the creation of the office was made to depend in each county upon the action of its county commissioners' court as to its taking effect there; and we are not able to see any material...