The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-11-27
TESTING TIE sCHOOL-BoOK Law.

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The way to test the constitutionaiity
of a doubtful law is to take it into the
courts. The school-book law is to be
tested in that way. If overthrOwn by
the courts, that is the end of it; If
sustained, it will continue in force until
amended or repealed by the people.
Before the present law was passed,
half a dozen schOol-boOk firms were sell
ing books in this State, each N of
them as respectable, as responsible, and
as honest as the one which now has a
monopoly of the business. 1t was alb
surd to suppose these companies would
not test their right to do business in the
State. The dressed beef men tested the
law prohibiting the importation of
beef; other parties tested the law pro-
hibiting the expectation of natural gas,
and the school-book men have the same
right to test the law prohibiting the
sale of their books The members of
these firms are citizens of the United
States, and the courts of Indiana are
open to them. The Journal caresnot a fig
for any of them, but it sees no ground
for Safeguarding men because they
propose to test, in a proper way, the
constitutionality of a law discriminating
against their business.
But more important than any private
interests are the public reasons why the
law should be tested. 1t marks a broad
departure in our school system. Here
tofore during the entire history of the
State the people, in public-school meet
ings, or by their representatives elected
at the polls, have selected the books for
each locality. Now the people are told
they have no voice; for only two men,
bers of the State board are elected, viz,
the Governor and the superintendent of
Public instruction. The others are col
lege presidents and superintendent of
city schools. Even the Legislature does
not attempt to name the books, but it
assumes to delegate the power to a
board only two members of which are
elected by the people. The choice is not
even left to the State superintendent.
In short, the people are deprived of all
| power over the books their children are
to make their daily teachers. Can the
Legislature do thisg If so they can Sc
lect any one or more persons, politicians,
partisans, Catholics or Protestants, So
~cialists or infidels, to compile the school
books for the State, and say to the peo-
| pie, "Your children shan' study these
or none." Do the people believe the
Legislature has any such power? 1t was
lately decided that the people of this
city had the right to determine for
themselves how and when they will
| improve their street, and light the
city. The effort on the part of
the last Legislature to appoint a Board
of Control to determine these matters
was crushed, as being in the teeth of the
rights of local self-government. Have
the people less right to say who shall
teach their children through books, than
to say who shall have charge of their
roads9 The people buy the books for
the schools. They are the property of
the parents. When the Insane Hospital
buys meat, it is the property of the
| State. When the State provides books
for the children free, it will be the
proper time to draw a parallel. The
books are the property of the publisher
until they are bought by the parent.
By what rule of law in this State can a
board, not elected by the people, and
therefore not in any sense their repre-
sentatives, say what books shall be used
in the peoples schools? Or by what
rule can a man, be he township trustee
or not, be compelled to take the property
of a bookseller and be forced against
his will to keep and sell the private
property of such private person to an
other private person? Can the Legisla-
ture create a State Board of Highways
and authorize them to say that every
man who works upon the public roads
shall use q certain kind of shovel and
wagon, bought of a certain dealer?
There are some things which ever a
Democratic Legislature cannot do, and
one is, that they cannot compel any man
against his will to become the salesman
for n private corporation.