The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1879-05-02
Uniformity and permanency of text

OHtOtAillJ anu POiihonCAOJ VI VCAt-
books.
The statute as to the school-district
boards of education which have not
adopted q uniform series of textbooks is
mandatory, because the essence of the
thing required to be done is that by
which they obtain Jurisdiction to act.
people VS.. Allen, 6 Wendell, 4S6; Mar
chant VS.. LangwOrthy. Hill, GAG.
The naming of the time in which these
boards shall act is so far mandatory as to
support penal prosecution tor failure
To act, and yet, in the absence of mega
tive words restraining them from acting
after the expiration of six months" it
is not a Limitation of their authority,
and their subsequent action would be
valid. Elk parte Heath, Hill, AZ; Pond
IL Wendell, 604; People vs.. Allen,
Hill, 1860
The Legislature, in amending the act of
1876, must be held to have presumed that
certain school district boards had COM
piled with the law. They must have had
knowledge from personal observation, or
from having read the biennial report of
the department of public instruction for
the school years ending July 81, 1877
and 1878. AS to the districts that had
adopted and introduced" a uniform Sc
ries of textbooks in accordance with
said act, il must be held that the legisla-
ture did not intend To compel them to do
that which they had already done. For
this and other legal reasons, the prOvis-
ions of this act, as to this class of dis
trlcts, must be deemed directory.
The legal reasons which make it man
datory as to those district school boards
and boards of education which have not
adopted a uniform series of textbooks
can have no force as to these, because the
end desired is already accomplished.
With these districts it is entirely OPP
tiOnal whether they re-adOpt their pres
ent series or adopt different series
either before or after the expiration OF
the ''siX months"
AS TO the extent of the power of school
district boards and boards of edu
cation, l hold, that when the mem
bers of one of these boards have
met, as the law requires, and de
termined the series of textbooks to be
adopted and introduced" into the
school, then its power to determine is
exhausted and as to this duty, it at once
becomes absolutely fttRctus o1iciO, and
so continues for five wears unless re-em
powered by petition of four.fifths of the
| legal voters of the district. The five
years limit begins to run, in districts
which have not adopted and introduc
ed" uniform series, from the time the
adoption and Introduction is effected.
| CONCLUSION.
| Having said this much, conclude:
| l. That the provisions of the ac
which require the misunderstood board:
and boards of education to determine up
on a uniform series of textbooks to b,
adopted and introduced" in each sep
arate branch of study, is absolutely
mandatory, and that power and duty
continue until the end is effected.
2. That the provisions requiring thu
said boards to determine the series with
in six months from the passage o
this act, is so far mandatory as to author
ize penal prosecutions for failure to act
3. That where schOOl-district board
and boards of education had, prior Il
the passage of this act, adopted and in
troduced a uniform series of textbooks
| as required by the act of 1876, they may
re-adopt the series or adopt a differen
one, the five years limit begins to ruI
from the date of the actual adoption anC
introduction.
f. That where any district schoO
board or board of education which ha
never determined the series, shall so de
termine, the five years limit will begil
to run from the date of adoption ant
introduction" of the series into tn
school.
3. That where any district-schOO
board or board of education had, prio
to the passage of the recent act, adOpte,
and introduced a uniform series of text
books, the five-years limit will begin t
run from the date of the re-adoptiOn @
the present series, from the adoption Q
a different series.
9. Whenever board once determin
es the series, or re-adopts series alread
introduced, such action is absolutel
final and beyond rescissiOn, except b
virture of the operation of the four-fifth
rule. Very respectfully,
WILLARD DAVIS,
Attorney General.
To Hon. c. Reed County Atty, Mar
on Center, Kansas.