The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1895-02-19
No. q


and has so declared that Col. SRun.
ders' refusal to receive the school bill
and published il as one of. the statutes
of the State in its present condition
was perfectly la accordance with the
/ law and with the obligations imposed
upon the Secretary i'm the premises
This was in reply 90 what had ap-
peared In the D0btV NeaCS of Raleigh,
issue May 80, 1879 Another Man
damus Yesterday the mandamus was
served on Col. w. e Saunders, Secre-
tary of State, by the StaCe 90 the rela.
tion of ThOs s. Kenan, Attorney Gen
eral, and j. @. Scarborough, Esq,
superintendent of Public Instruction.
The object of the mandamus is 20 re-
quire the Secretary of State TO incOr-
porate the school bill las passed by the
last General Assembly among thelaWs
of 1879. The writ Is returnable at June
term of Wake Superior Court
Upon this point also, as well as illus
traGlng the zeal and interest Superln,
tendent ScarOorOugh displayed IN these
suus. the language of Smith q. j. III
concluding his opinion Is significant:
I'VE SIMPLY advert to the frame OF
this action, seeking in one proceeding
TO enforce separate personal duties
upon each def ndant, and prosecuted
Oy single relatOr. having no peculiar
separate interes In the subject matter
of the controversy, instead Of at the
instance of the public, to say that we
donOt wish our silence TO be interpreted
as giving iE our approval
The Supreme Court decided against
Mr.. Scarborough in all capacities but
he, nothing daunted by repeated ac-
verses, still pursuee the coveted power
to determine adoption of text books.
The session of 1884 brings also to the
surface strong champion for increase
of powers of the Office which he after
wards enjoyed and Wag then probably
seeking. / allude to MAJ Sydney IN.
| Finger, of CabaWba. He was also
strong friend of the University Pub
fishing Company, for whose benefit
these increased powers have, been so
uniformly used. Senator Finger was
a shreWder man than Mr.. Scar borough,
but still the best that both of them
combined could do was the following
section in the school act of that year:
Upon the rRtifiCation of this act the
State Board of Education shall recon-
mend series of text books TO be used
| in public schools for term of three
years and until otherwise ordered" /"
This secElOn had also q proviso as fol-
lows: THAT the prices of the books
recommended be fixed by the State
| Board of Education for the whole term
for which they small be used Acts
1881, chapter 200, section g. They sue
ceeded in making the recommendation
compulsory and the pr1ce determinable
only by the State Board, But lawyers
objected that the adoption was not
made obligatory upon the county
boards of education. Some intelligent
IL
wish their choice of text books cut of
by doubtful construction OF law. The
question was mooted enough TO make
the superintendent of Public Instruc
tion at Raleigh uneasy, but 1t never got
into the courts, thas / remembers.
However this may be, Maj Finger was
not fully satisfied with what he and
Mr.. Scarborough had got, as we shall
presently see, when he came to be Su-
perintendent OF Public Instruction.
The Senate Journal OF 1881 discloses
little circumstance which shows the
bent of Maj FInger's mind. Mr.. w.
B. Glenn, SINCE deceased an enemy OF
the book monopoly, offered the follow
ing substitute for section 9 Of the pend
ing school bill, which was adopted IN
the Senate: 1T shall be the duty Of
each county board of education. with
Instruction together with two expe-
/ rienced teachers, TO be selected BY
each county board, to prescribe a
series of text books of reference, which
shall be used in the public schools Of
the county for term OF five years
and until otherwise ordered
This substitute was adopted byea vote
of 80 20 13. Maj Finger voted with the
fated 13. After slmmering for "a
hours Senator Finger, seeing that
County adoption was apparently upon
hlm, for the purpose of making IL OF
non effect, offered the following sub
stltute for Mr. GIenns substitute for
section 8, which caught the senate in
his little weO: Upon the ratld cation
Of this Act the State Board Of Educa-
tlon shall recommend g series Of text
books and books of reference 70 beused
IN the schools subject TO the adoption
OF the County Boards of Education of 3
their respective Counties.
That is 70 say the County Boards of
Education had the dry power Of veto.
ing the choice OF books but could make
no adoption and after their veto.
senator Fingers substitute for Mr..
Glenn's contained also q prOvieo "a
shreWdly worded that even Mr.. Glenn
seemed not to see it's effect, or else n
could not have passed the Senate
This proviso is as follows: ''Ae fhe
old books are worn out che new booha
used shall be of the adopted serIea .
This shTewdly takes away sven the
dry veto power of the County Boards
of Education given them ia che earoe
section. and forced the people wheu-
ever they bought books, to purchase
the series recommended BY the 9tafe
Board Under the specious seenoino