Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-03-28
MUCH LITIGATION EXPECTED.
New Text Book Law Likely 10 Make
Good Picking for At
fornayx

Topeka, Kas, March 27.-(Special) State
Superintendent of.Schools Stryker expects
much higatiJn on account of the enforce
ment of thernew statesfeTt book law, and
he now has tic attorney general at work
grinding out opinions cn various sections
of the act that are likely to be attacked.
To-day the legal department is at work OH
section Is. which promises TO furnish the
foundation of more litigation than all the
other sections combined. 1t is the one on
which the commission expects ito. bring
suits well the one which will furnish
people opposed TO, the new law an oppor-
tunIty 10 make their attacks. 1t follows:
Every contract with any person, COM
pany or CORPORATION publisher or publish
ers OF school text books for use In the
schools of this state shall be for five years
trict board or board of education of any
city of the first and second class shall
adopt: use or permit TO be used. any other
school text books than those provided for
in this act: provided. that nothing herein
contained shall be construed to prevent the
teachers and pupils of this state from using
any school text book other than those pro-
vided for in this act as reference books in
such schools, and provided further, that
nothing herein contained shall be con-
strued TO apply TO the use, of school books
in branches other than those mentioned in
this act. nor shall anything herein be con-
strued TO apply to counties now under con-
tract for county uniformity of text books
until said contract or contracts shall have
expired, or with school districts or cities
of the first or second class having such
contract until such contract shall have eX-
pired according to the terms which have
been agreed TO In writing: and provided, at
the expiration of such contract such coun-
ties. school districts and cities of the first
or second class shall thereafter be gov
erned by the provisions of this act"
IL seems that the book companies were
even more active in closing up contracts
in various parts of the state between the
time the bill passed and the time of its
publication than was at first supposed.
fffarr hoy saf che
that new five-year contracts had been
made. but the state superintendent was
surprised to learn the extent to which this
work had been carried on. In almost every
prominent town in the state these con-
tracts We're made, in order to avoid the
provisions OF this law. which is nothing
more than an experiment. Now the super
iniendent is anxious TO find some legal way
10 annul these contracts, and for this rea-
son ; has submitted. the law 10 the attorney
attorney general to-day gave as his opin-
ion that, under section Is. the cities now
having contracts are exempt from the PRO-
visions of the act. and that the question as
10 whether the school boards of the various
cities had a right 10 make contracts COW
ering a period OF five years could not be
tested by any provision OF the new law.
The only way IL could be done would be
either for the city board making it to re-
gudiate .he contract. for taxpayer to
bring an injunction suit TO enioin the en-
iorcement OF the contract. He was of the
opinion that unless the new books to be
w AIt commissioners We're UP TO
the standard in every particular no tax
payer with children attending school or no
school board would bring proceedings to
nnnul the contract with the old con7panIes
ii is understood. however. that the COM
mission Will attempt 10 bring influence on
some one IN each town where these con-
. tracts nave been made recently TO file in
junction proceedings with Il view TO bay-
ing the contracts declared void. Prominent
3 attorneys however. claim that these con
tracts are valid Instruments and cannot he
impaired by subsequent legislation