The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-17
ABOUT TEXT BOOKS
Waiting for the Decision Of The Su-
preme Court.
ARGUMENTS BY COUNSEL
Uniformity of System on the One
Side and Local Option on the
Other. Giving Power to the
School Trustees.


passed upon by Judge Mediation NOR,
than six months ago and submitted tC
the supreme court about the middle OF
last October. is still held under consid.
Grafton by the supreme court, but the
parties interested in the case are ex-
pecting decision to be handed down
to-day or next Monday The supreme
court evidently found the question an
unusually puzzling one and a few days
ago demanded further argument on
several points submitted to the attor-
neys. The rehearing took place last
Wednesday, Ella Haskell, Attorney
General Haskell and j. l.. Wines ap-
pearing for the appellants the school
board, and State Senator Leonard and
Il. B. Howell for the respondent. r.
Campana. The questions submitted by
the supreme court and upon which
counsel were requested to addfess them
selves particularly were as follows:
'First-Does Article XI, Section l of
the constitution. expressly or by neces-
sary implication, require that the text
books used in the public schools shall
be uniform throughout the state?
"Second-If Question L be answered
In the negative, is there any provision
OF law making it the duty of any board
or officer to establish a uniform series
OF books for the state? May the super
intendent of public instruction perform
the duty, under Section 17O5 of the po-
ltical code?
y"Third-If the first question be an
swered in the affirmative, can the Leg
islature, failing to exercise a duty i'm
posed upon It, delegate such duty to
any one at all? If yes, has it been del
egated in this matter, and to whom"
When the Legislature refused or neg
lected to adopt an official system OF
text books State Superintendent Steere
and the state board of education took il
upon themselves to order a new lot OF
books throughout the state. In the face
of its petitions to the legislature against
any change, the Butte board ordered n
complete change in the text books and
on an injunction suit brought in the
name of r. Campana the board was en-
Joined by Judge Mediation from maxi
ing the threatened change. Attorney
Leonard. in his brief at the original !
hearing before the supreme court last |
October, said his understanding of the |
opinion of the court below was to the |
effect that THE duty of providing for |
and adopting a uniform series of text |
books for use in the public schools i'm |
this state had been imposed by the con- |
stitution upon the Legislature and that |
body had assumed that responsibility |
and acted Hereunder in the passage of |
the act of 1889; that this action was in
the exercise of an absolute, exclusive
power. the result of which was to es-
tablish a condition of things which
must remain until changed by the leg
islature itself, and that the repeal of
the act without a provision for a
change of this condition would not af-
feet the condition already established
and existing. In other words, the act
having operated to establish a condi-
ton of things which. according to the
act itself, was to continue until other
wise changed by the legislature, the
act might be repealed and the condition
existing under IL remain subject to
change by the Legislature making diff
ferent provision with regard to the sub
ject matter. The court did not hold.
and IL was never contended, that the
act was not repealed"
1t was generally considered among |
attorneys that Judge McHattons opin-
ion was based on very sound law, but
the supreme court was evidently not
satisfied as to that and therefore re- ,
quested a reargument In response to
the suggestions contained i'm the qucs-
tions submitted by the supreme court,
Mr.. Leonard prepared a supplemental
brief in which he said. i'm answer to the I
first suggestion: Article XI, Section |. :
of the state constitution, makes IL the !
duty of the legislature TO establish and !
a general, uniform system of Z
public, free common Schools This pro- I
vision was eXacted by the government \
as a condition of statehood, as shown
by the enabling act. Ordinance No. l, q
adopted by the constitutional conven- I
ton. also contained a clause TO the eff I
feet that provision should be made for a
the establishment and maintenance of :
uniform system OF public schools. The a
dea of uniformity seems To have been
lppermost. The first question submit n
ed by the court is as To whether this n
provision requires the text books to be n
Uniform throughout the state: in other q
words. whether or not a system OF 3
schools. under which no two districts 4
n the state use the same series of n
books could be considered uniform G
Counsel for appellants, after stating Il
hat consideration of this question is
answered the question pro-
by the court in the negative. =,
md argue that the use of the word
system has no reference whatever To
he text books: that il refers to organi-
alton, government. elections, finances / Ill
Employment OF teachers. etc. In word in
ccording TO their logic, the term .sys- s.
en- includes all the machinery and =
else appertaining to the CD
ration of the schools except the books s.
D be used. Any other contention would
G fatal TO their case. ID
What is Of more vital importance 10
ne schools than the use 90 books?
'hy should the constitution provide Il
'r a uniformity throughout the state -
all other particulars. and not include ID
fthin this provision the matter Of text
Ooks? What is there TO show that the
amers Of the constitution in their re- RI
lirement of uniformity intended to A
lclude text books? Under counseTs So
'gument, the method of employment
teachers and the duration - the Re
hool year We're OF such paramount Sc
lportance that they must be uniform ia
lroughout the state and that such is
ssential TO the good government end
lccess Of the public schools Would il
u be strange II the constitution in an
nded 10 cover all these thines ana
nit text books? Far more important r
AN uniformity in the time Of th,. he IN.
nning OF the school year. or Uniform '''
I'm the matter of employment Of !