The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1879-05-02
THE NEW SCHOOL BOOK LAW.
The Opinion of the Attorney-Genera

Inc OplnlOn Oh the HttoFnoy -OoAoraAA.
OFFICE OF ATTORNEY GENERAL, I
TOPEKA, Kansas, April 10, 1879.
DEAR SIR:-By letter of recent date,
you ask various questions which grow
out of the act of the legislature which
became u law March 10, 1879, and to
which you refer. These inquiries invoke
the necessity and prove the great import
anee of correct analysis and complete
construction of the act in question.
To avoid being tedious, 1 will answer
your questions as a whole, and in such
manner that the points therein will clear
ly appear.
You speak of ''vague and loose con-
struction of the law" Its incongruity
may seem so apparent to many, as to
present a legal sOliecism; yet, in my
judgment, the application of the estab-
lished rules of construction TO the Ian
guage of the act will demonstrate, that
its elements are sufficiently strong and
harmonious to support the paramount
intention of the legislature in its enact
ment. 1fblunders have been committed,
they would seem to be in the right diric-
ton; for cOncede it to be a patent fact
that no act since our state was founded
has done half so much as this law was
intended to do, toward securing, for the
least money, the best education of the chill
dren of the state. 1 am deeply impress
ed that the rigid enforcement of the pro-
visions of this act would effectually up
root that deadly Bohun Upas, whose
branches have grown, and been nurtured
in fraud by the ceaseless whirl of the
schOol-bOOk trade, which for years has
emitted its poisonous effiuvia over so
many of the school districts of the state.
For if there be an adherence to the letter
and spirit of the law. there will be
an elimination of the curious medley of
textbooks found in so many of our
schools; which elimination Will insure
an economy and stability so necessary to
wise conservation of our highly-priZed
and most sacred educational interests.
The subject matter of the act is as fol
lows:
SEC. 1. That section % of article OF
chapter 1872, entrtled IAN act for the reg
ulatlon and support ofcommOn schools, "
approved March 4, 1875, be amended Sc
as tn read as follows: Sec. %. The dis
| trict board, each board of education, and
each and every school district board shall
require u uniform series of textbooks to
be used in each separate branch of study
in each school but each board shall de
termind for itself. within six months
from the passage of this act, the particu
lar series of textbooks which shall bC
used, and when such selection of text
books shall hereafter be adopted and in
troduced in pursuance OF the provision:
of this act by said boards, no chang,
shall be made for n period of five year!
from the date of suck introduction of any
particular series of textbooks, unless
four.fiiths of the legal voters of any sucl
district shall petition for change in tn,
series of textbooks adopted; but NJ
member of the said boards, or either o
them, nor any teacher, while employed
as such teacher, shall act as agent for an
author, publisher or bookseller, nor shall
any member of the said boards, or eithe
or any one of them, or any employees
J teacher, directly OF indirectly, receiv
any gift, emOlument or reward for his o
her influence in recommending or intro
ducing any book, school apparatus O
furniture of any kind whatever.
SEC. 9. That any member of any schoC
district board or board of education VIII
+ shall violate any of the provisions c
this act, shall be deemed guilty of mil
demeanor, and, on conviction, shall b
punished by a fine not less than twenty
five dollars nor more than one hundre
: dollars, or by imprisonment in the couI
5 ty Jail for q period not less than 81
months, or by both such fine and in
prisonment; and any teacher who sha
violate any of the provisions of this a
{ shall be liable TO immediate dismissal.
; This act repeats sec. %, art. 4, CHI. ~
! laws 1876, which reads as follows:
THE district board shall require q IN
form series of textbooks to be used
: each separate branch in each school; bl
y no member of the board shall act
8 agent for any author, publisher or boo
seller; nor shall any member of the boaI
directly OF indirectly receive any gil
; emolument or reward for his inhuen,
in recommending or introducing an
book, school apparatus or furniture
any kind whatever"
III A comparison of the two acts disclos
in the new one at least three distinct, il
portant additions to the act amended !:
e First, The school@1istrIct boards az
!. boards of education are required to a
!. within six months from the passage
the act
s Second, When said boards shall ha,
" once acted, limit to their future pow
n is imposed.
!. Third, Penalties are fixed for viol
ton of the law.
As pertinent I cite two rules OF CO
Ie struction: First ''The Office Of int,
g probation is to bring the sense out of {
: words used, and nos to bring sense in
= them" Second. at is not TO be p
sumed that the legislature intended a
d part of statute 20 be without meaning
N (Potter's Dwarris on statutes and cons
& buttons, PIP. 144-5J Applying the
= rules to the language Of the act, The p
q amount intent of the Legislature win {
pear in two important provisions, vi