The anti-monopolist. [volume] (Saint Paul, Minn.) 1874-1878, 1878-05-16
WHOLE NO. 0l.

w AO1L NOs 6W1s
The following article from the
Pioneer Press of May 18th is in1pOr-
tant and interesting at this time:
The Goodhae county superintendent
of schools, J. w. Hancock, in CONF
munication to the Red Wing Republi-.
can, answers the enquiry whether the
clerks of school districts are obliged
to send estimates for the Merrill books
Immediately, as follows:
l answer no. The supplementary
act passed at the last session of tho
Legislature makes iC optional with the
districts for two years whether they
will accept the law. On this point I
have the opinion Of our county at
tOTney.
The rest of the communication is.
an argument against the expediency
of using the Merrill books. Upon
this communication the Red Wing
Republican, whose editor, Gen. S. p.
Jennison, has given close attention to
the subject, makes the following re-
marks:
Mr. Hancock misunderstood tho
district attorney. It is not optional,
under the law, with the districts at
all, at any time, whether ssthey will
accept the law" It is not optional
with anybody, district clerk, county
auditor, county treasurer, county
superintendent, whether to do his
duty under the law, except as it Is
optional with every citizen whether
he will obey the laws. or violate them
and suffer the penalty. But this is
not what the superintendent means.
What time are district clerks al
lowed within which to make out their
acquisitions or estimates! Section 4
of the act of lS77 provides that it shall
be the duty of the district clerks .t0
make out an estimate of the number
OF school books required for one
years supply of his district" and to
forward it 'on or before the fifteenth
day of March of each year." This act
took effect on its passage. 1t was in
force March 18th, 1877, but the books
were not ready. But the whole list
was ready before March 18th, 1873.
The amendatory act of 1873, section g.,
contains the proviso, that ssif any dis
trict clerk shall fail to make his requi-
sition for books OH or before the 18th
day OF March in any year, as provided
for in the act to which this act is sup
plentary, it shall be his duty to make
such requisition as soon thereafter az
may be" The act of 1877 declares
(section AZ the clerks refusal or ne
glect to perform such duty a mis-
demeanOr, punishable by fine or
imprisonment. This is all there il
relating to the time Of making re-
QUESTION for books; on or before tho
18th of March every year, or-things
being unsettled this year-as soon
thereafter as possible.
As to the number of books the clerk
mdst make requisition for the law
answers: "The number Of school
books required for one years supply
of his district" 1t leaves it to his dis
cretion to determine whether he will
estimate for an entire new supply,
throwing the old books out of use, or
for only the number of new books
actually needed, il the old kind arc
retained. He is not obliged to effect
a complete change in one year. "He
must effecta complete exchange Of
the old books for the State series in
two years, but he is not allowed two
years to determine whether to change
or not" That is to say as fast as new
books are needed he must order tho
State books and the old books must be
wholly replaced by the State series in
two years. This explanation accOrds
with our view of the law from such
cursory reading as we have been able
to give it. A county superintendent
takes a serious responsibility in ad-
vising the school district clerks to
commit a misdemeanor which sub
jects them to heavy penalties, and
would seem to justly expose himself
to much severer structures than is pas
sed upon him by the Red Wing Re-
publican. The law, whether good
or a bad one, has been enacted-twice
enacted-and declared constitutional
by the supreme court. 1t Is the duty
Of all school officers, from the highest
to the lowest. to obey 1t. and that is
the way to find out to the general
satisfaction whether it is q good law
or bad one.
In this connection we would state
that over $4,000 Of the state school
books have already been ordered; and
the orders continue to pour in at an
astonishing rate. There Is some com
plant that Mr.. Merrill does not fill
the orders fast enough, but it must be
remembered that by the law he is not
to be called On by the State Superin-
tendent until the 18th of May Of each
year. If the school officers had not
been deceived by the Book Ring and
had sent in their orders last year they
would have had their books long ago.
The delays now experienced are prop