The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1889-07-31

last night. az want free school books myself,
and that is why didn't sign the bill. But the
/ people have been robbed under the old sys-
! TEN, books being sold at 800 and 400 per cent
of their cost. The new law greatly reduces
| the evil and think under the contract Just
made the people will derive a decided benefit"
/ Shortly after making the above statement
Gov Hovey signed the proclamation putting
| in force the new school book law-that is, he
! formally announced the contract by which the
Indiana company is to furnish books to the
| schools OF the state. The proclamation Is as
follows:
PROCLAMATION BY TIE GOVERNOR
] To the People OF Indiana:
Whereas. contract has been made by the state Of
CORPORATION duIv Organized under the laws of the
| state for the publication for use in the common
schools OF Indiana the following named TEXTBOOKS
to-wit:
First reader, Indiana educational series.
Second reader, Indiana educational series.
Third reader, Indiana educational series.
Fourth reader. Indiana educational series
Fifth reader, Indiana educational series.
| Elementary arithmetic Indiana educational series
Complete arithmetic. Indiana educational series.
Complete geography, Indiana educational series
And with the Bowen Merrill company, corpora
tion duly organized under the laws of the state, Tor
/ the following named textbooks. to-wit:
The Indiana commercial writing book, No l.
The Indiana commercial writing book, No. ,
The Indiana commercial writing book, No.
The Indiana commercial writing book, No. 5.
The Indiana commercial writing book, No. 6.
Now therefore, l. Alvin P. Hovey, governor OF In
diana, do hereby proclaim that such contract has
been made IN pursuance oi Sec GI an act ol % the
furnishing Of said books in the public schools OF the
In witness whereof have hereunto set my hand
and caused TO be affixed the great seal of the state
this 2sth day Of July, A. D., iSo9
! Nv the tIovernor
CHARLES F. GRIFFIN Secretary of State.
| During the day the Indiana school book COM
| pany filed its bond in the sum of $4,000, Tor
| the faithful performance of its contract with
/ the state. Gov. Hovey says it is one OF the best
! bonds ever given in the state. 1t is signed by
| Josephus Collett of Terre Hante, William He'll
/ man, ID. J. Mackey and L. p. Huston of Evans
| vile, William Fleming and Robert c. Bell of
| Fort Wayne James MUrdOck OF Lafayette and
| Edward Hawkins of Indianapolis. These gem
temen schedule property 10 the value OF
! S5600O0
The contract by which the Indiana school
/ book company is to furnish text books for the
schools of the state is now in full force and the
company will at once proceed 10 its work.
| Supt LaFOlettes Is force Is busy furnishing IN
| structiOns to the various superintendents. Re-
| Gently the superintendent submitted a number
| of questions concerning the enforcement of the
| law 10 the attorney general, who yesterday
submitted an opinion which fully sustains the
/
| attorney-generals answers are as follows:
Hon. Harvey NJ. LaFollette, superintendent of pub
| lie instruction.
You have put to me certain questions which
copy and answer in their order.
81. Is the new schOOl-bOOk law compulsory upon
the school trustees, or is il directory
The language OF the act, so far as IL defines the
duties of the school trustees, is imperative
pulsory in its nature. See secs. and S.
So Is the trustee liable on his official bond If he
refuse 10 make requsition demand for the books
/ provided for by the new school law"
Sec. of the act makes it the duty of the school
trustees certify to the county superintendent the
number Of schoOl-books provided for in the con-
| the schools of their several school corporations
| That section defines the duty of a trustee in that
particular. Sec 5,523 r. s, 1881, is follows "A
official bonds shall be payable to the state Of Indi-
| ana; and every such board shall be obligatory
| to such state upon The principals and
securities, for the faithful discharge OF
| all duties required of such officers by any
any law, then subsequently, in force for the use
of any person injured by any breach Of the cOndi-
ton thereof" If trustee fails to obey any COM
mand OF the new schoo-book law, he will violate the
conditions of his bond and will be liable in damages
in action thereon brought by any person injured by
reason of such violation. See, Also Davis vs.. the
state; "a Ind. S.
as Can trustees retain the old books in the school
and permit the pupils 10 buy only such books
now necessary; must they demand of the pupils
that they buy all books, far adopted by the
state board in order to secure uniformity
he trustees not allowed 10 retain the old books
in the schools and permit the pupils to buy such
books only now necessary. The trustees
given any discretionary powers in sn h matters
by the act under consideration They possess such
powers only given by the terms Of the
act by necessary implication. The last DrOvisO OF
sec. recognizes the right of school trustees 10
devise and make arrangements for the sale
exchange other disposition Of such books
NAV be owned by pupils at the time OF the adOp-
ton of the books under the provisions of the
act No other powers given them by the act
far as the books now in use are concerned. II
the legislature had intended that the trustees
| should have the power TO permit the use OF the
old books IL would have been conferred in
plain terms, or would have been made 10
appear by the use OF language warranting such
Interpretation without doing violence to the
ordinary rules Of statutory construction. Again, 1t
is apparent that OF the objects OF the law Is
to uniformity in the Of school books in
the common schools throughout the state. Such
uniformity cannot be obtained IL the pupils are
allowed 10 retain the books in use, for Of
the pupils by necessity will be compelled to buy
the new books. while others would be using the old
the is cast the duty of selling the books and
securing the desired uniformity. With this duty
dwels the corresponding yower TO demand that the
pupils shall buy the new books adopted by the state
board OF education.
- If patrons refuse to purchase new books and
send their children TO school with their old books
can they be compelled 70 purchase the ly-adOpted
books with the alternative OF having their children
suspended from school2 Can a child be excluded
from school privileges tor refusing to buy the newly
| adopted bOOksY
The various duties enumerated in the act, OF
arising from necessary implication, devolve upon
the officers of the law only for none other than
official duties defined The law however, expects
UupiS 10 use the new DOCKS ii t0ey dttend the COM
schools, but it does not fix any penalty II they
attend the schools and do not use the new books
| Therefore the question OF punishment IS neces-
sarly left to the decision Of the school authorities
The trustees have the power TO prescribe by rules
that the books shall be used by all the pupils,
| and fix n reasonable punishment-such suspen-
| sion, or the lke-if the rules are violated. This
principle is established by the decision of our
preme court, in the state Webber, los Ind, 81
decided ia 1886, the opinion being written by Chief
| Jus ice HOwk. The accepted doctrine is that the
general power residing in school trustees to take
charge Of the educational affairs OF district pre-
scribed territory Of any kind includes the to
make all reasonable rules and regulations for the
discipline, government and management OF the
schools thin the district territory II is for the
school trustees to decide what reasonable rules shall
| be prescribed for such purposes without such
rules there is way to compel the parents to pur
chase new books, or prevent the pupils from using
the old 0nel
IS viii an unexpired contract between the
company than those contracting with the state be
binding upon the county represented by such board?
Is writtep contract made adopted by the county
board Of education. binding upon the corporations
composing such school county"
do no know OF any law which has authorized
has no validity against the new law. presume
you refer the adoption of school books by the
county board of education under sec. ABS, r. s,
1881 Such an adoption is not contract In legal
sense The object Of the law is 10 prevent the ire
queat changes of books.
books heretofore adopted and now In use how can
they be compelled 70 order the OF the new ones?
II trustees order the books, required by lew, and
keep the SALE provided by law but fail or
refuse 10 enforce the OF the ~ the schools
under their jurisdiction, bow may such trueSees be