Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-02-07
occur they shall be held to mean and apply to
school no funds arising from taxation.

I'SA AuAuo dIAS1u& nom taxation.
Inc amendment was adopted,
Senator, Nelson moved to amend section = |
Dy adolng provlso that no school district
clerk shall apply for such text books unless the
legal voters OF such district at an annual meet
ing in September, shall SO vote. and that in NJ,
case shall an estimate be made for the hooks
until the estimate has been submitted to a vote
of the people.
Senator Donnelly said the effect of the
amendment would be to kill the bill
| senator Nelson had not intended to say any
thing in reference to this bill, but after the |
remarks OF Senator Donnelly he could not sit
still Under the Merrill law the State was |
bound hand and foot. Further, there was no
thing IN the law of last winter to authorize the
Governor to make the contract he did. Under
fair construction, at the best all the law
granted was the right of Mr.. Merrill to furnish
such books, leaving to the people themselves
the right to take such books or not. The prin-
clPle claimed in this law had just been decided
as beyond the province Of the Governor in the
suit against the State prison contractors. If
the law was subject to the construction given
| by the friends of the bill, the law was null and
void because it clothed the Governor with a
power he could not have under the constitu-
| ton.
Continuing, he said the pending amendment
was slsnply to bind the State while Mr. Merrill
reaped his harvest. He must be provided for
even 1t the teachers of the schools, or whatever
the purpose for which money is needed. had to
give way. He spoke at some length in support
of his position, concluding with a statement
that its most serious objection to him was that
IL violated the very spirit of our free institu-
tons. 1t was revival Of the old paternal
government, under which it was proposed to
tolst upon the people, whether or no, a certain
class OF books. His object was not. to repeal
the law, but simply to confine him to certain
limits Let him have his pound of flesh now,
and then go to work and undo as quickly as
possible the error made. 1t is not the bill it's
self, but the principle that he opposed. He
closed by moving the indefinite postponement
of the bill.
In answer to Senator c. D. Gilfllan, Mr.. Mel
son said that if st. Paul and other large cities
had not been excluded from the provision of
the bill, it would not have been passed last
winter, and now having seen the bill become a
law, they proposed to unite in forcing down
the Threats of the grasshopper districts the
dish they refused themselves.
Senator Donnelly replied to Mr.. Nelson
stating the provision of the BILL and advancing
the usual line of argument in support of its
retention.
Senator Nelson withdrew his motion to in
definitely postpone, and called for a vote on
his amendment.
Senator Henry said he had intended to offer
a similar amendment. He voted for the orig
lnal bill in good faith because he thought it
would place cheap books in the hands Of the
children of the State The operation of the
law had defects which it was necessary to rem
edy. and as the friends of the law had come in
and asked amendments to the bill, he thought
now was the time to perfect it.
Senator Hall briefly spoke in opposition to
the amendment and in favor of the bill, claim
ing that the bill was offered in the interest of
the people, and not of Mr.. Merrill.
A vote was taken upon the amendment and
it was lost, 20 to II.
!, Senator Nelson offered an amendment pro-
Vlding that the provisions of the bill shall be
fN n IyIn dad ~ i:
} Senator Mcclure moved to amend the amend
ment by excepting Goodhue county from the
operations Of the bill. Lost
Senator J. B. Gillian moved to amend by a
proylso that the provisions of the bill shall
) not be construed to apply to or be binding up
charters
} The substitute adopted by 10 to IL.
Senator Henry offered an amendment to sec
ton z relieving school districts from the use of
said text books upon petitioning to that effect.
lie said the amendment was founded upon
constitutional rights, and he hoped it would be
adopted, believing that its adoption would re-
move one of the principal objections to the
bill.
Senator c. d. Gilfllan said it would be lust
as proper for school district operating under
the common school law to get together and re-
, fuse to pay school tax. as to do as proposed
by the amendment.
Senator Henry said that he had always been
friend of the school system. His object was
not to cripple that system, but rather to give
the people freedom or death. Hearty laugh.
ter.
Senator Hutton moved to amend that thee
quarters of the people petitioning should ex-
empt such school district.
Senator Henry accepted the amendment. The
am endment was lost 16 to Ii.
Senator McNelly offered resolution that
when the committee rise the bill be referred tc
the Judiciary committee for an amendment re
curing the contractor to furnish the books tc
his agents, to be sold by them alone and re-
leving auditors and district clerks from actina
in the sale of the books.
. Senator Donnelly said the amendment would
! kill the bill and he hoped it would not prevail
The amendment was lost.
Senator Donnelly moved that when the com.
mlttee rise the bill be recommended fol-
! passage.
! Senator J. B. Gillian said he could not give
his approval to the bill. 1t also seemed to him
! that the bill had been framed with purpose
! OF lodging these provisions of the constitution
creating perpetual school fund for the State
which provides that such fund shall be kept
. inviolate, the interest alone being devoted tc
: the maintenance of public schools, under the
= system then in vogue. The fund thus provided
is the one this bill proposes to divert which
ne held could not be done. For these reasons
' ne should be obliged to vote against the bill.
Senator Donnelly briefly replied to the con.
stltntlonal questions raised by Mr.. Gilillan
basing his argument the words of the act
: making the grant to the territory "for the use
. of the schools holding that the language
+ made the fund raised from such land ap
plicabe to any school property, not simply t,
!. the hiring of teachers, buying fuel light, &c.
a Senator Mealey thought there should be some
a provision in the bill for compensation fol
1 books now in the possession of children. By
the bill 1T was estimated that $3.50, 600 worth Of
il il books was to be wiped out of existence in one
: year. That seemed hardship to him and hi
4 thought there ought to be some provision made
- to cover this point.
q Senator Leinau called attention to the opera
;, tion of the old law. which left change Of
g books optional with district officers and it wa.
. well known that frequent changes were made
), Under the present law, only one change coulc
: be made, SO the hardships made were less thar
heretofore.
:, The bill was then recommended to pass, YEA
, 1G; nays 13. The report of the committee wa
: adopted and the Senate adjourned.
7 Mr.. Null, of Houston county, presented .
n petition in favor of according Judge Page
e fair trial and the privilege of being heart
5 with witnesses summoned in his behalf, the
petition being signed by some two hundred
or more persons. Mr.. Fiddes presented ;
0 petition of citizens of jackson in favor O
!, the repeal or modification OF
e the text book law of tn,
: last session, which was in measure. offse
! by one sent up by Mr.. Geib, on behalf Of
Z citizens of Sibley county, praying tn,
r