The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-16
JUDGE WOODY'S OPINION
Full Text of School Warrant
Case Decision.
A TEACHER Is A FACILITY
He Holds That the Words Additional
School Facilities" Are Broad
Enough in Their Meaning
to Include Teachers

| Judge woody III the Stilobi wal RAM
case:
This is an application for a writ of
mandamus To compel the defendant. AZ
county treasurer of Missoula county,
state of Montana. to pay a school war
rant drawn by the school trustees of
school district No. of said county. on
the special school fund Of said district
and payable to the order Of the rela-
tor. The warrant was presented by the
rclator. properly indorsed. to the said
treasurer and the payment thereof re-
fused for the reason that II was lille
-ally drawn upon said special FUND.
These facts are alleged. in realtors ar
fidavt: Relator also alleges that the
said school trustees of said school dis
trict held an election more than 10 days
prior 10 the 18th day of september. 1897.
in said district, at which said election
there was submitted To the qualified
electors of said district the question OF
raising, by taxation, in the manner
provided by law. a sum not to exceed
three mills ON the dollar for the tax
able property of said district. to fur
nish additional school facilities, and
that a majority of the votes were IN
favor of levying said tax: that at the
time said warrant was presented Tor
payment as aforesaid, this tax had been
collected and paid into the hands of
said treasurer and credited by him To
the said special fund of said district
and that. al that time, there was more
than sufficient money in said tund TO
pay said warrant
TO the affidavit Of the relator the
defendant has fled a general demurrer.
Upon the argument of said demurrer
no point was made on the question OF
the regularity of the election voting
said tax. OF as to any of the subsequent
proceedings or upon the question or
the legality of said tax. The only point
that was made was that the money
raised under the authority OF section
| n94e. page ia Of the 1897 session laws
| of Montana, amending section 1910 OF
| part Z, title 8 Of the political code. re-
| Hating to education, could not be used
| for the payment Of teachers The con-
| tention of the defendant is that money
! raised under this section to furnish
| additional school facilities cannot be
used To pay school teachers hired by the
BRUSHES of said district.
This whole case depends upon what
! the legislature meant by the words.
/ additional school facilities. The law
| authorizes the trustees to raise. by tax
/ alton in the manner provided therein,
/ a sum Of money not to exceed ~ mills
on each dollar on the taxable property
| in said district, to purchase lots and
10 provide additional school facilities
! for said district. or for building one
/ or more school houses. or for removing
I or building additions To one already
| built for the purchase Of globes, maps.
( charts books OF reference and other
appliances or apparatus for teaching.
or for any or all Of these purposes.
4 Nowhere in the section above quoted
I does the word teachers appear. and
/ unless the words. additional school IA
! cilities' are broad and comprehensive
! enough IL include teachers then IT Is
/ plain that the money so raised can
H. t..at mt If
/ ers.
webster defines the word facility
/ as follows. The quality Of being easily
| performed: freedom from difficulty:
/ ease. also ease in performance. readl-
I ness proceeding from skill Or use: that
| which promotes the ease af any action
. or any course conduct advantage,
valuable aid; assistance
The Century Dictionary defines the
word as follows The quality Of being
easily done or performed. freedom from
| difficulty: ease: ease i'm doing or per
! farmance: the means by which the per-
Torrance Of anything IS rendered more
easy. convenience. assistance.
'Ragets Thesaurus, a valuable WORK
on the proper use Of words. in giving
| synonyms or equivalents of the word
I facility gives the following Ala, as
/ sistance help. succor. support and re-
/ lief II Is conceded that hooks maps
charts and globes are school facilitie,
or facilities for imparting knowledge g
the pupils.
Therefore. ] must conclude that anN
I article or thing, animate on inanlmate
which is a means, way or medium ot I'M
parting knowledge to pupils must neces
sarily be facility for educational pur'
poses Anything which aids, assists, IA
cilitates or makes more easy the ac-
QUESTION of knowledge Is certainly "a
ciiitv for that purpose and II can lmaks
no difference whether the facility = an
animate or inanimatc thing. The office
Of a teacher Is to aid. assist and make
easy the task of the pupil in acquiring
knowledge. The means Of impartins
knowledge To a pupil is Of necessity q
facility. for facility and means have
the same significance. II the pupils ac-
quire knowledge from globes, maps
charts and books. then these things are
I the means from which knowledge is ac-
, CURED. and are facilities from which 81
l hy the means Of which such knowledge
is acquired Then. ii books. globes maps
and charts are educational facilities. bN
, reason Of the fact that from them Ol
through the medium of them children
. acquire knowledge. or through the me
dunn Of them or By the means of. then
knowledge is impaired 10 the pupils
how much more must tile teacher, who
with living tongue and voice impart
, instruction and knowledge TO the pupils
! be a living and acting educational IA
. cility2 \ teachers. without any book
map. globe or chart. can give an ora
p lesson 10 the pupils on the history q
the United States or 10 her class u
botany and impart 10 them iu this man
= ner valuable knowledge in thes
branches Of study and viii any one sa'
taat the pupils. having received thci
knowledge in this way from their teach
er that he or She is any less Of a
educational facility than 4 book. globe
map on chart. from which they mgh
4 have obtained the same knowledge
though 1t might have REQUIRED more Ia
, Dor and greater length of time? Wi
> any one say that a school room. suU
J. piled with all OF the necessary furuI
ture-boaks. globes, mans charts an
- all q the usual paraphernalia-br
without any teacher. was a school wit
al II the necessary school facilities f.
opening and carrying on Il SCHOOL,
I must hold that whatever is neCe
sary IN our public schools To instru,
, obi fF, fhRr1l