The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1879-05-01
EDUCATIONAL.
The New School-Book LaW-Opinion 81 the
Attorney General.

great importance Of . correct analysis and
complete construction Of the act in question
To avoid being tedious, will answer your
questions - . whole, and in such manner that
the points therein will clearly appear.
You speak of the vague and loose construc-
ton of the law" Its incongruity may appear
to many, a. 10 present legal solecism, yet in
my Judgment the application of the establish-
ed rules Of construction to the language Of
the act will demonstrate. tina: its elements are
sufficiently strong and harmonious % support
the paramount is;sI.fios of the Legislature in
its enactment II blunders have been COM
mitted, they would seem to be In the right d.
rection; for conccde il to be . patent fact
that no Act since our State Vas founded has
done half so much. rs this Law wAs in;esdsd TO
do toward securing for ne lorsf Ds0n<y, The
best eisodtion of the children of the State. i
am deeply impressed that the rigid enforce
ment of the provisions Of this act would ef-
fectually uproot that deadly Bohum Upas.
whose branches have grown. and been nurtur-
ed in fraud by the ccasele>s ,rii of the school
book trade, which for Year, has emitted its
poisonous effiuvia over so many Of the school
districts of the State. For IL there be an id
herence 10 the letter and spirit Of the Law,
there will be IN elimination Of the curious
schools: which elimination will insure an
economy and stability 80 necessary to . wise
conservation of our highly -prized and most
sacred educational interests.
The subject m utter of the act is - follows:
SECTION I. That section twenty eight OF ar
| ticle four of chapter one hundred auG twenty
wo.entitled-An act for the regulation and sup
port of common schools approved March 4,
| 1876. be amended so ~ to read ~ follows: Sec.
2S. The district board. each board Of educa-
! ton. and each and every school-district board,
shall require . uniform series of Textbooks to
I be used in each separate branch OF study in
/ each school; but each board shall determine
| for itself, within six months from the passage
Of this act, the particular series of text-books
| which shall be used. and when such selection
of textbooks shall hereafter be adopted and
| introduced in pursuance of the provisions OF
this act by said boards, change shall be
made for period of Eve years from the date
| Of such introduction Of any particular series
/ of textbook unless four-ffths Of the legal
voters of any such district shall petition for .
/ change in the series of tent books adopted
but no member Of said boards. or either Of
| them, nor any teacher. while employ ed A. such
teacher, shall act ~ agent for any author, pub
Usher or bookseller, nor shall any member Of
| said boards, or either or any one OF them. or
| any employed teacher, directly or indirectly.
| receive any gift emolument or reward for his
or her influence in recommending or intryduc-
ing any book, school apparatus or furniture Of
any kind whatever.
SEC. 2. That any member Of any school-dis-
trict board OF board Of education who shsil
violate any of the provisions of this act, shall
be deemed guilty of . misdemeanor. and, on
conviction, shall be punished by . fine Of no;
less than twenty-five dollars nor more than
| one hundred dollars, or by imprisonment IN
the county jail for . period not less than siH
months, or by both su,h tne and imprison-
ment: and any teacher Who shall violate any
of the provisions of this act, shall be liable
il to immediate dismissal.
This act repeats 2s, art 1. ch- l22 Laws
1876. which reads follows:
| The district board shall require . uniform
| series of textbooks to be used in each sepa-
rate branch in each SCHOOL; but no member OF
the boaid shall act agent for any author
/ publisher or bookseller; nor shall any member
| of the board directly or indirectly receive any
gift, emolument reward for his influence in
| recommending or introducing any book, school
i apparatus furniture Of any kind whatever.
/ A comparison of the two acts discloses in
| the mr. on> at least three distinct, Important
additions To the act amended.
| First: The school-district boards and boards
of education arc required To act ,nifhia siI
| months from the passage of the act
| !Second: When said boards shall have once
acted, q limit 10 their future power il imposed
| Third: Penalties are fixed for . violation Of
| the Law.
| As pertinent. I cite two rules Of construc-
| ton: First. The Office of Interpretation is
to bring the sense out IF The ,corfs used. ana
| not 10 bring a .nss into N.enn." Second. III
| is not To be presumed tina, the Legislature in
| tended any part of . statute To be without
| meaning CPotter's Dwarris on Statutes and
Constitutions. PIP. lH-5.) Apply ing these
rules To the language Of the act, the para
| mount intent Of the Legislature will appear in
two important provisions, viz: Uniformity
and psrndn,ncyof textbook
The statute - to the school-district board.
and boards Of education which have not adopt
/ ed . uniform series Of textbooks il DlaAda-
torn, because the essence of the thing required
to be done is that By ,rhieh they obtain juris-
diction 10 act. (Poopi, y. Aim. 6 Wendell, 4s6;
Merchant =. Long1corfhy, Hill. GAG.
The naming Of the time in which these
boards shall act IL 80 far mandatory - To sup
port penal prosecutions for Q faiisY, 10 art and
| yet in the absence of n,gati, vor,fs restrain
| ing them from acting after the expiration Of
ak months" it is not . limitation Of their
| authority, and their r'sjsey,sHf action would
be valid. tEf Jsrfs Heath. 8 Hill. q: Pond 9.
.ydgas, 3 Mass.. go; Psopi> y. Poek. II Wen
| dell, 60f; P,oDl, .. iHeIs, 9 Hill. $ss.)
The Legislature. in amending the act Of
1876. m ust be held 10 have presumed that GER
tain school-district boards had complied ~ith
the lav. They must have had knowledge
| from personal observation. or from having
| read the Biennial Report Of the Department II
Public Instruction for the school year. ending
July 81. 1877 and 1873 A 10 the districts that
had "ador,tod a,si isfroisnof' . uniform series
Of Textbooks in accordance with said set IL
must be held that the Legislature did not in
tend To compel them % do that trlioh thy Aad
already dan. For this and other legal fessons.
the provisions Of this sr: 70 is ram Of dis-
trtet,. must be deemed directory.
The legal reas1ns which naks IL mandatory
- TO those distrie. school boards and boards
of education which have not sdopted . uni
form ser1es Of te1tbvoks. can have no force -
| oompiishod.
With these districts IL 10 entirely optional
whether they re-sdopt their present s~riss nc
adopt dIaeren; .eries- either before OF After
the eIpirasion Of the -siI nson;hs--
A % the eIteps Of the y,1-,,r % sehooi-dis-
tsict boards and boards Of edaraiiop. bold.
that when the members 81 one Of th~se baaYds
have met. - the Law requires, and determined
the serie. 81 textbook On b. -sdoyt<d and In
srodaoed- into The school. tbeu its povef 90
d>f>rvniE< 10 exhausted; and - % this dssy. 10
II once becomes sbssiateiy fs'sof.s sfsoao. and
90 continues a.. ere years. unis~s r,-ss1po.n<y-
81 By petition Of fopf-6ffhs % tbe Legal sv<srs
Of the district The fv~yesrs limit b>x1ns 10
ran. in districts Which have not -.depsed snd
intsDcuoeu unifo1n s>ytsss rrsfon To- u1e
the adoption aad infredoetiOn N Effected
coSdruoy.
Having ss,d this ~ arb. cssaei1ds:
I. Thai the psosis,ons Of The srs vhieh 70
qsire the dissrir4-srhooi baares ard bsssds ~
education 20 d>f>rpst.~ apon . uniform ssvsss
Of s>rf-b soks 20 BE- -sdept<d ssd inssa-fae>f-
IN ea1h s~parsse brAseh 81 ssssy. y ss~sissesy
p,safafo-Y and thas power and dssy ~,zsi..s
snsu the end 10 sfees>1-
4 That the prgrssso,s rs4ssrisx tbs sasd
hnards 20 d,frys.fn< The ss-s~s v,fAfn -siH
rosfhs- frDrz ss~ pss.sge Of tsss ~. - % far
s.a.fsf0~v - N sa;sn-sz< psDai prsssesssoss
fog fsi.afe % 49,
tossds of edscsssoz ksd prss< - tk> paesaes
81 ihis 81. sdepsed ss2 fatsUdsosd . sssssrs
ssxs<s Of ters-h1sks. - re<yssses ky sko 80 II