The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1893-04-12

the following opinion on Auo hNnooi uooh
law. or that portion Of it known a. sec 9
OF the supplemental school book law, ap-
proved March /. 1893. the request being
made by W. w. Parsons and J. W.
Layne
COMMUNICATING my construction OF
see. . OF thu supplemental school book law,
approved March /. 1898. you make the follow.
ing statement OF facts.
CHM n CO. furnishes the Language Lessons'
now ia use the Indiana school company the
"Grammar" That the board OF school book
commissioners may order either OF these books
revised, must both OF these Companies lilo
their consent 10 the TevsionY
From the foregoing statement and n perusal
OF the Law, the information h cat hered that
the Language Lessons" now ina use IN our COM
mon schools ID the elementary book and that
from IL tho pupil passes TO study 81 The
grammar" which treats OF the ubiect from
more advanced standpoint; and that these two
books a. now In uao are not 80 prepared ms 90
perfectly cover tho subject OF which they
treat; that Tor this reason the Law oontem-
plates, under certain conditions either the re-
via on OF one or both OF tho books above men,
toned. or the introduction OF an entirely new
Que TO be known hs an intermediate grammar.
From this the inference arises that there IL an
! omission between these books which Il IL IN.
tended should be supplied, II deemed neoes-
sary. by revision or the Introduction OF new
treatise. This IL would seem, could be accom-
pliahed by 40 revising the Language LeGsons,"
AS TO extend its treatment OF the subject ia
such q manner aslto lead up TO the Grammar
or by an entirely new book; or by 30 revising
the Grammar" now In use as 20 extend its
treatment OF the subject back 40 as TO properly
and naturally follow tho Language Lessons"
To discover the power OF the state board OF
school book commissioners In taking either OF
these three steps, II Ia necessary 30 examine
the several provisions OF the new law bearing
upon this point, and TO oonstrue them, II Dos
sible so that they will perfectly harmonic.
Upon the points in question q was the evil
dent aim of the trainers OF the law 90 place
within the discretion cf the state board
sufficient power 90 enable ID to require such re-
vision Of new books as might be necessary
within the opinion OF the board. TO complete
the symmetry OF any series OF books dealing
with any particular branch OF study and
especially that OF grammar; provided that
such action of the board should not interfere
with the rights OF parties already having con-
tracts with the state.
In the part OF sec. II, above quoted, IL will
be seen that the state board 10 authorized TO
/ determine upon such modification "of each or
either of the books constituting said
course in grammar as shall adapt them more
perfectly To use in the same SerieB," etc.
! From this II IL evident that a revision OF tho
Language Lessons" does not imply the neces-
sity OF revising the Grammar" or vice versa.
/ CHM & Co. is under contract 10 furnish the
Language Lessons" and IL that book is to be
| revised 10 will be suoh an interference with the
contract right OF said company 0S, under the
express provisions of the statute, 10 require its
| written consent to such revision. Ii the board
| determined upon the introduction Of an inter
mediate book intended merely to cover an
| elipsis Ia the treatment OF the subject OF
| grammar IL is doubtful as an abstract PROPOSE
| ton whether such o step would constitute
such an interference with existing contracts as
20 require the consent OF either company now
| furnishing books 10 the state. However, the
! law provides that the introduction of an inter
mediate book shall be preceded By the written
consent OF contractors now furnishing books
! for use in the common schools. And so II an
entirely rev book be decided upon
the express language OF the stat.
ute will require the state board TO
procure the written consent o such eompa-
nieL Aud If the state board determine that o
revision OF the Grammar only il necessary
then il will be such interference with the con-
tract rights OF the Indiana school book COM
pany rs TO require its written consent before
the revision Is made.
Taxing the several provisions OF the law into
consideration, as a whole, IN my opinion IL
was not contemplated that where the revision
OF the Language Lessons" only was to be
made that the written consent OF the Indiana
school book company was TO be procured ia
addition to that of the company furnishing the
Language Lessons;" nor, on the other hand
| If the board decide that the Grammar" should
| be revised that the written consent OF any
| company other than the indiana school book
company, which supplies this book, was to be
required as prerequisite TO such revision.
| II. however, the change goes to the revision OF
! both books the written consent Of both compR-
MES must be procured. Likewise. il the board
decides that an intermediate book is TO be fur
nished.
am of the opinion. therefore, that the board
| Of school book commissioners may order the
revision OF either the Language Lessons" or
the Grammar by first procuring the written
consent OF the company now furnishing the
book to be revised.