The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-05-17

confer upon the state superintendent
the right to determine the kind of
school books to be used throughout the
state; he was given only general sU-
pervisiOn of the educational interests
of the state, and it was not the inten-
ton to give him specific control of such
details as the selection of the kind of
text books to be used in the different
schools throughout the state.
1t is next cOntended that this act con-
travenes sections three to eight of arti-
Gle eleven of the constitution relating
to the levying of taxes for current and
extraordinary expenses. This act pro-
vides for the appointment of a School
book commission, and also apprOpriates
ten thousand dollars for the purchase
of manuscript by the school book COM
mission if it becomes necessary to do
so. 1t is further provided that this
money shall be paid out of any money
in the state treasury not otherwise ap-
prOpriated. The PLAINTIFFS contention
is that this law authorizes the payment
of this ten thousand dollars out of mon
ey raised for current expenses, and that
the payment for such manuscript would
be an extraordinary expense, within the
meaning of section five of article eleV-
en-, above referred to. So much of said
section as 1t is necessary to quote here
is as follows: For the purpose of de-
fraying extraordinary expenses and
making public improvements the state
may contract public debts, but such
debts shall never, in the aggregate, ex-
coed one million dollars, except as here
matter provided. 1t is true that this
act provides, in a certain contingency,
for an appropriation or ten thousand
dollars out of the funds raised for cur
rent expenses, with which to purchase
manuscript; but this is not an eXtraOr-
binary expense, within the meaning of
the constitution, and it is not the con-
tracing of q debt. The purchase by
the state of manuscript to be used in
the production of school text books can
hardly be said to be an extraordinary
expense or the contracting of a debt
within the meaning Of the constitution,
as recognized by section six of article
eleven of the constitution, which pro-
vides that no debt shall be contracted
by the state, except as herein provided.
unless the proposed law for creating
such debt shall first be submitted to a
direct vote of the electors of the state.
There have been many appropriations
by the legislature of similar expendi-
lures of money, from the earliest his
tory of the state, and they have all been
acquiesced in as being a legal exercise
of legislative authority. Some years ago
the legislature appropriated ten thou
sand dollars to be used by the state
board of health to prevent an invasion
of cholera. The use of this money by
the state board of health was fought
through the courts by able counsel but
not upon constitutional grounds It was
practically conceded that the legisla-
ture had authority to make the apprO-
priatiOn. The appropriation in queS-
ton here stands upon the same foot
ing.
It is next contended by the plaintiff
that the act in question is uncOnstitu-
dOnal because it seeks to create an Of
fetal term for a. period of longer than
four years, and is therefore in violation
of section 2 of article Is of the constitu-
ton, which provides tibet the tenure of
any office not herein provided for may
be declared by law; when not so de-
clared, such office shall be held during
the pleasure of the authority making
the appointment, but the legislature
shall not create any office the tenure of
which shall be longer than four years.
In its claim that the tenure of office
fixed by this act is longer than four
years plaintiff is in error. Section ? of
the act provides that the term of office
of the members of this commission shall
be four years from the first Monday in
April, 1897. By this section the term
of office is expressly limited to four
years. But the specific contention of
the plaintiff is that the act imposes GER
tain duties upon one of the members
of the commission to be performed be-
fore the first Monday in April, 1897, and
that therefore his tenure of Office is for
more than four years. All of the duties
imposed upon the ex-OfficiO chairman
of this commission are imposed upon him
in his capacity as state superintendent
of public instruction and not as a mem
Der of this commission. The legislature
clearly had the right to impose upon
the state superintendent of public in
structiOn the performance of certain
duties Independent of his duties as
member of this commission, and by this
act certain duties have been prescribed
for him to perform before the first Mon
day of April, 1897, but those duties are
imposed upon him in his official capaci-
ty as state superintendent.
Therefore, the act in question cannot
be held to be in violation of this proVis-
ion of the constitution.
It is further contended by the plain
tiff that this act violates section 4, ar
ticIe IS of the constitution, which pro-
vides that all public printing shall be
done by a state printer. and all public
printing shall be done at the capital,