Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1860-05-03
Have We a King ia Indiana.

oman, the Democratic organ for Wayne
ounty, and one of the leading political
apers of the State. When an official so
cts as to lose the support of his own party
nd friends, it may be taken for granted
hat his conduct is bad, indeed. What the
Tcfersonion so tenderly calls mistaken
policy" is, in fact, bold attempt at the
most outrageous usurpation, and deserves
he condemnation of every citizen of the
State, who would be a freeman and not
lave.
We are glad to see Democratic papers
epudiatirg the monstrous policy of Super
ntendent Rugg, and condemning his course
as arbitrary. odious. and detestable. Let
MS Kiugship be promptly reminded by
he stern disapproval of all parties, that
such unwarranted exercise of authority will
be sustained by none, and a valuable lesson
viii have been furnished not only to Mr..
Rugg, but to his successors:
Mistaken Policy.
We have received Circular issued By
the Hon. Samuel l.. Rugg. State Superin-
tendcnt of Public Instruction. dated Feb
ruary 10th. 1860. and addressed, ''To the
School Officers of the State sat ssf.s-
We have read this Circulnr with care
portions of it with regret. Justice to the
people, and fidelity to tho school officers,
in regard to whose legal duties this circular
is calculated to mislead many, demand that
we speak out in oppositian to the extraor-
binary position which Mr.. Rugg has thought
proper to assume, and protest against the
singular and extra o6f-ia! order which he
has published.
This edict--and it savors strongly of the
nature of an arbitrary cdict-is as follows:
"Ordered, That the books named in the
following list, be introduced into and used
in the public schools of the State, rs text
books for instruction in the several branch
es of learning to which they relate"
Following this "order" is list of books
recommended.
Now, the Sch oil law does not confer the
slightest authority upon the State Superin-
tendent for issuing any such "order." The
law authorizes him to recommend q list OF
textbooks for the Schools of the State
Having made recommendation, his au
thority ceases. His power is simply advi-
Satory, not compulsory. They are at per-
feet liberty to accept or reject them. an
exercise their own wishes as to what they
will or will not use.
Snch. in our opinion. was the plain in
tention o. the trainers of the school law;
and such is its evident meaning. 1t was so
understood by both Mr.. Rugs predecessors
in office, who wisely acted upon this under
standing. He would have avoided seri-
Gus mistake, had he regarded the prcccdents
they established. anil thus escaped the en-
barrassing position in which he has placed.
not only himself but his political friends
We are surprised AMI exceedingly regret
that through the influence of bad counsel.
ors. or upon immature or hasty considera-
ton, Mr.. Ragg has been betrayed into is
suing, without authority. so arbitrary and
unfortunate an "orlcr," which must be re
carried by every parent in the State as ty'
rannical and not Dem ocratic.
Suppose the Recommendation oil the IN
pcrintendcnt did imp sc legal obligation
upon the people to Observer, where would
the matter end? The Superintendent is
elected for two years. The law confers M
greater authority upon one Superintendent
than upon another. If one has the powcl
to compel the throwing aside OF all tn
books in use in the schools of the State
and the introduction of others, so have hi:
successors Then, in case each Superin
tendent recommends q new list. we shall
have all our school books changed once, a
least, every two years.
But the law says nothing in regard to tn
frequency or number Of recommendation
which may be male by each officer. Sup
pose the Superintendent determines to max
new recommendation every year or ever
six months--and there is nothing in tn
school law to prevent this-mus. the pcopl
be governed by cheese recommendations. an
subject to theenormous expense which the
would necessarily impose upon them!-
Certainly not.
The true test of all law is the penalty Of
tached to its violation. Where no penal
ty follows the intraction ola law. such lay
is nugatory and powcrlcss. If Mr.. Rug;
proposes forcing upon the citizens of lndl
ana the text-b books he has recommended. l
becomes him to ascertain what means tn
law places at his disposal to coerce the pee
lple into compliance with hrs "orders. =
Doos he suppose he has power to comp'
obedience to his mandates? The law give
him no such power. He has yet to lear
that the people are willing to be advised
but will not be driven.
Speaking Of tho duties Of School Direct
ors and Trustees. Mr.. Rugg says:
at is proper for them in contractin
! with Teachers, to make it condition, j
writing, in their contract, that their Teach
Iers shall hear no reci,ations except fror
authorized textbooks. Let every tcacht
| in the public schools throughout the Stat
understand that the penalty of disobedienc
in relation to this matter, is forfeiture (
his contract. and dismissal from his trust.
IL See Circular, page 5.
Wea astonished at this language. W
. cannot conceive what co1ld have been NJ
Riggs motive for thus writing? Did
! think to impose upon the School Office
: Of the State. largely presuming upon the
ignorance ofthe Law? Does he really mes
that ..thc parent has no right to choo
!, what books his children shall usc. anil tn
,, the assumption Of any such right would d
: bar his children from school privileges.
Could he have intended to convey {
L. II al. L.