The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-17
Butte Department.

the expense of changing books. TIL,
development and training of pupils
throughout the state would be uniform
The constitution contemplated also tina
the legislature should choose the books
and that the school boards Throughout
the state should not be at liberty t.
| vote expensive changes every year. OF
twice year If they so desire. Who car
| figure out the cost which the people OF
| Montana would be subjected to ii
| school boards had this power? We con-
| tend that the constitutional provision
contemplated uniformity in all re-
spects, and this throughout the state.
| That certainly is the reasonable con-
I struction, and under IL the schools
would attain to the highest efficiency"
In answer to the same question the
attorneys on the other side held that
| with or without the section of the
| constitution under consideration. the
| legislature has the authority to pre-
| scribe that a certain series of school
| books shall be used in all the public
| schools of the state. This authority
exists under what has been termed the
police power of the state. There is
| nothing in the exercise of this power
which would require the legislature to
adopt the same books for the use in all
public schools of the state. The leg
islature would have the legal right, if
II should see proper, to prescribe a
series Of books at ALL to consi Ter many
conditions, surroundings and circUm-
stances, and might prescribe different
books for different sections or districts
while the legislature may, il it sees
proper to do so, prescribe n uniform Sc
ries for all the public schools of the
state. or IL may do otherwise IL it
chooses, yet such power does not exist
because or by reason of the constitu-
ftonal provision under consideration.
To establish and maintain a system of
pubic schools has reference to the
enactment of such laws as shall be
necessary, looking to the organization
OF schools, school districts, their gov
eminent, the election of all proper
school officers, defining their duties,
providing for a method of raising funds
to meet all school expenses, providing
Tor the employment of teachers and de-
inning their duties, prescribing what
shall constitute a school year and many
other requirements which are consid-
cred essential to the good government
and success of the public schools"
Both sides argued. in answer to the |
courts second question, that the Iegis- |
lature has not devolved upon any |
board or officer che duty of establish |
ing a uniform series of books for the |
state and that the law giving the state |
superintendent authority to prepare |
and prescribe a course of study would |
not give him the right to determine |
what books should be used Little ar
gument was devoted to the first part /
of the third question and the principal
argument was given to the question |
the Legislature had delegated |
10 any one authority to adopt a series
or books. The appellants argued that
while the authority to prescribe a uni
rorm series of books has not been dele
gated, yet the Legislature has vested
each board with authority to choose its
own books. This would at one stroke
destroy uniformity" said Mr.. Leonard
n his brief, for the series adopted
would be as numerous as the school
districts and the constitutional pro-
vision would be violated Subdivision
10 of section 1897 of the political code
rays: Every school board. unless
Stherwise especially provided by law.
ihall have power and II shall be its
iuty to require all pupils to be furnish
"a with suitable books as a condition !
II membership In the school The word |
suitable is the word in the statute on |
Vhich appellants can rely. Having |
ONE TO the conclusion that they must
ave an express delegation of author |
~, they have found this single word |
clause which was evidently to |
over an entirely different case.
he suitable books for pupil enter
1g certain grade are those which are |
sed in that grade and the law uses
he word suitable i'm that sense II
owhere gives the board authority TO
ay what are or are not suitable or
roper books for use in the schools
If anything further was neces- !
ay from which 10 gather the Iegisla- !
We will in this matter, we think II is
ipplied in section 1858 OF the political
pde. which provides that ANY school ;
lstrict using text books other than |
lose prescribed by the state legislative c
ssembly, shall forfeit % per cent. of it's G
'hool fund. This section was passed {
the same session which passed Sec I
on 1897 and to say that the legislature e
subdivision 10 vested i'm the school ;
,ard authority to prescribe text books |
1d In section lI5S impose a penalty on |
ny district which should use them. a
'esents a ridiculous situation which c
Innot be assumed without doing yio-
nee OF the ordinary Specification of W
ords." y
The appellants argued that In the k
'sence of any legislation to the con- ;
airy, the boards of school trustees of | q
G various school districts in the state e.
e vested with authority 10 prescribe g
hool books for use in their respective 81
stricts el
Since the reargument of the case the a
torheys Tor the school board feel u
ore confident than ever that the SUI u
enc court Will reverse the lower Ia
urt. 1t appears that If the case ~
ould be reversed the decision will he ~
AT every district i'm the state can is
We different series OF books and On
n change them as often as capricious a.
lstees may desire. hc
" IN
ENTERTAIN ENT. k,
a Ro..,, IN