Evening journal., 1891-07-02
LAST EDITION
THE act STANDS coop.
AttorRey-Genera1 Blggs States That {
Free Text Book Bill ia a Law.

AttorRey-GeneraI BIggs States That the
Free Text Book Bill fs y Law.
Ever since the adjournment OF the
last General Assembly and the suhse
quent loss and finding of the Free Text
Book bill. there has been q controversy
as TO whether the bill had become law
or not As has been stated the bill was
not signed by John P. Donahoe,
speaker of the Senate. and 1t
was on this ground that many have
based their claims that the bill is not
yet legal. Hearing these arguments on
all sides State Treasurer Wilbur Il
Burnite communicated with Attorney
General John Biggs, asking for his
opinion on the subject. The opinion was
forwarded to the treasurer this morning,
and is as follows:
W. 81. BURNITE, ESQ, State Treasurer.
DOVER, DEL, July l, 1891.
SIR: In reply to your letter asking
for my opinion relative 20 the act pro
viding for Free Text Books, passed by
the General Assembly at its last ses
SION
You state the bill originated In the
House. was properly passed and sent to
the Senate; there it was amended and
returned to the House, where the amend.
ments were concnrred in. All these
several stages are properly en-
dorsed on the back of the bill and
the journals of the House and Senate
have the corresponding entries. It was
properly enrolled and signed by the
speaker of the House and sent to the
Sonata. There it bears the endorsement
Of member Of the Enrolling Committee; !;
lacks the signature of the speaker of the
Senate; was not returned to the House
where it originated and by the proper
officer de ivered to the secretary of
state.
Each branch of the Legislature adopted
certain rules for the enrolment of bills
and joint resolutions; for the examina-
tion by the Enrolling Committee, for their
reporting to their respective houses, for
the signing by the respective speakers.
etc. but these rules were adopted
merely as safe and convenient methods
Of slgnifying what bills and joint resolu
tions had passed and for guarding against
mistakes aud impositiCns Such enrolling
examination, reporting and signing
by the respective speakers are no part Of
the law making power, and their absence
detraots nothing from the force Of the
enactment. There is nothing in the
constitution requiring that these rules
shall be adhered to, or that the sigma
lures of the presiding officers of the two
houses shall be annexed to bill prepar
story to its becoming a law. Neither is
there any statute TO this effect
am therefore of the opiuion that this
bill is Law and that It became such
when 1t received the sanction of the
Senate and House of Representatives.
Respectfully submitted, JOHN BIGGs.
Attorr ey-G General.
The bill provides ''that on and after the
first Saturday in April, A D. 1884,. the
school commissioners or trustees of each
school district or districts in the state
shall furnish the necessary text books
free for the use of all the pupils enrolled
in the free schools of the state 1t fur
ther provides that, THE state treasurer
shall be allowed $500 annually for post
age. statio- e-y. Gle al assistance. etc
to c rfy out the provisions Of this act
and is authorized to pay out Of the school
fund of the state the.amount NECESSARY
to print order books sufficient to supply
one to each district in the. state" The
most important feature Of the bill is
that the appropriation provided for in
An set to coulage the education of
the coored people, passed ct Dover,
April %, 1887 i hereby increased from
the sum Of six thousand dollars to the
sum of nine thousand dollars per annum
the said sum of nine thousand dollars to
be distributed in the same proportion and
under the same condition ss the six
thousand dollars referred to in the &C
above named