The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-01-11

law. IN so far as the maximum levy is con-
ceIned i Is the opinion of the best legal talent
.nas hss been consulted, that the provision Of
s us eoMMon school law, IN so far as the mini
a..l. ssFF-four mills on the 6ollar-is con-
sssrneos Is not affected By the later LAW, and
lcAas good as the last expression of the law
m.a.SSilg power Of tne state on that subject Not
sallilng tbis feet, as viii be seen from a
s.ste meat OF the levies made for school purposes
~ lns county commissioners OF the several
M aI.sss q tne state and printed elsewhere Ia
sase LcpoFts seven counties levied less than the
nliniincM rate prescribed by the school law. It
y noped that the legislature viii take such ac-
s,oI as 20 narnonize those two provisions OF Ian,
iar nnas .ne minimum rate fixed by the school
Ia" may not be reduced
SCHOOL LAWS.
Our present system of school laws is far from
perfect or complete. The nrst feature 10 which
sltenfion Is called viii be found in the first sub
uisision OF section S of what Is generally de-
nominated the common school law chapter MI.
OF the session laws OF 1ss9-90), which declares,
IN enect, that the publishers Of those textbooks
wnich shall be adopted for use in the public
schools of the state shall maintain the retail
price OF such books in at least one place in ev-
sIy county In the state. The evident intent Of
sls provision Is TO protect the people, but no
saaequate provision has been made for efEectual-
y carrying the provision into practical opera
ton. While in most instances the contracts
mac made by the state board of education in June
Ialthiuliy complied with. the fact cannot be dis
ggtsed that there are numerous instances in
Mnlcn the spi1t and letter Of the law have been
Nioia!ed. publishing houses do not attempt to
establish agencies for the introduction exchange
ana safe OF textbooks in most counties, but
eslap.isn instead, few distributing or
wholesale agencies, leaving retail dealers 20 or
ger BOOKS from these In many instances these
retail dealers have charged much higher prices
ior the books than are guaranteed BY the terms
" the conIacts. THESE eases are reported TO
TINS once, and in turn must be reported to the
publishing houses or their agents, none OF
Whom are nearer than san Francisco. DAYS
must elapse before the error Is corrected, during
which time the people must continue to BE-
imposed upon, and ia some instances the evil
sun continues to exist. Publishers generally
reply that ii the retail dealers will not comply
with the contrscts, they. the publishers, will
send the books to customers by mail. post paid,
upon receipt OF the contract price. This is
/, practically no remedy for the evil
II may be said that action should be CON-
nsnceo IN court IN such cases, to annul the
contracts OF the publishers. But proceedings IN
S9ur. are tedious and expensive, especially
having large Interests at stake: and even were
the contracts 10 be annulled the state board OF
edacauon rlust proceed 10 make new adoptions,
with no assurance that the new contracts will
DC complied with any better than the old. 1t
would De only the re-enacting of a disagreeahle
iaree, with the attendant danger of corruption
ana scandal, SO familiar to the people OF those
states where the adoption OF textbooks, involv-
Ing, large moneyed interests, is placed in the
bands OF a few men. II is unquestionably the
duty OF the. legislature to devise some means
whereby this most vital Interest of the patrons
OF the public schools shall be protected
Inc duties or the county superintendent
should be more clearly defined than they are at
present, and the power OF the superintendent OF
OF public instruction should be sufficiently in
creased to insure the prompt complianch with
the law on the part Of the county superin-
tendents. Heretofore they have been poorly
paid for their services, and many OF them have
fallen into habits OF neglect which are pernici-
Gus in their tendency and subyersiye OF the in
forests OF the public school system.
Section u OF the chapter in question guarau-
tees the right OF appeal to the superintendent OF
public instruction, OF all persons aggrieved by
the action OF any county superintendent or Of
any county board of examiners; but section IL
restricts the right of appeal from the action of
certificate is granted the applicant Under the
teacher.
Section 10 refers to the organization of new
school districts. and provides, in substance that
where new district is formed by q county SUI
perintendent, out of portion OF districts pre-
yyiously formed, any three resident taxpayers OF
the new district may take an appeal to the board
OF county commissioners in the same manner
that appeals may be taken from justices courts
to the superior courts, etc. A more unwise pro-
vision could not we'll have been framed. In the
first place, as matter OF fact, the residents of
the new dstrict--the petitioners--are not likely
to feel aggrieved at the order of the county su-
perlntendent establishing the district, and in
the second place the process of taking the ap-
peal is unusual aud very poorly adapted to the
wants OF the people. Under the operation of
this provision an yld district to the familiar
term, may be decifnated and ruined by county
superintendent, and yet the residents of the in
Jured district have no recourse whatever. The
the evil.
Section %, which provides for the alteration
or school districts already establshed-the
transfer OF territory from one to another-which
is often desirable, provides that the county su.
perintendent shall, ii no appeal is taken to the
board of county commissioners, or upon the de-
clsion OF said board lin case of an appeal) certify
his action to the county commissioners at their
next regular session, etc. The manner Oh taking
an appeal is not defined; who shall be entitled
to take it is not specified, ana in case of an APP
peal being taken and decided by the county com
missioners, 1t seems positively inconsistent and
absurd to require the county superintendent 10
certify his action to them after they had decided
the matter.
One OF the most serious defects in the present
law is the impossibility of obtaining reliable
information regarding the financial affairs OF
school districts, under its practical operation.
School district clerks are required to report the
receipts and disbursements of funds, and TO
specify the sources from which money is de-
rived and the purposes Tor which 1t Is expended.
SCHOOL DISTRICT LIBRARIES.
The enactment of some law by which school
district libraries may be established is earnestly
recommended. 1t is not thought best to make
the establishment OF libraries obligatory upon
all under eqisting conditions, but their estab-
llSAm2ut suOulu at least De GubDOIizcu III the
case of graded schools. Too much importance
cannot be attached to such Libraries
COMPULSORY EDUCATION.
Sections 81, 81 and IS of chapter XII constitute
what is intended to be compulsory educational
provisions, but the law is practically inopera-
tive. 1t is quite doubtful that rigid compul-
sorry educational Law could &c enforced in this
state under existing conditions, especially in
rural districts where children are remote from
shoolhouses; but it is believed that provisions
may be made whereby ali those residing in towns
and cities can be brought within the pale OF the
public school, Elaborate arguments on the pol
icy Of compulsorc education are superfuous.
No less an authority than Chief Justice Marshall
held that the only theory upon which the coilec-
ton Of taxes for the support of the public
schools can be enforced is that the taxpayer is
to be directly or indirectly benefited By the
benefcent influences OF the school. Ii this the
DRY is true, and 4 is compelled TO pay taxes TO
educate BIS children upon the hypothesis that
BIS children are to be improved morally ard in
tellectually, and that is thereby TO be hene-
flied socially and in The greater security afford
ed 70 life and property-in short, TO reap the re-
ward OF his inyestnent-then certainly has
the right 70 demand that BIS children shall DC
educated according to the implied conditions
upon which A is compelled 10 pay the trx.