Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-09-29
A NEW BOOK RULING.
QUESTION OF OPENING QUESTION
AFTER AGREEING on ADOPTION.
OPINION OF The AYTORNEY-GENERAL.
The Pittsyiyania Case is Referred to
Him, and lie Decides That the Ac-
ton OF the Board in Changing
Readers Was Legal.

The recent decision OF the Department
OF Public instruction that reconsidera-
lions cannot be had in counties and
cities in which the school boards nave
adopted books seems to have raised a
question as to the validity Of the action
OF those boards that had, before the de-
partment promulgated its decision, re-
considered their action, and adopted diff
ferent books from those first selected.
1t is known that several cases have
already been submitted to the depart
ment for its determination, but as yet
no authoritative decision covering all
cases has been given out. It is the gene
raj impression, however, that the depart-
ment will not undertake to unsettle any
contest that had been decided prior to
the PRONUNCIATION of it's decision on the
subject of reconsideration. The object of
this decision was to put an end to what
threatened to become an intermlnaDle
book fight in the counties and cities of the
State.
THE PITTSYLVANIA CASE.
One of the cases in which a specific de-
cislon has been rendered IS that Of
Pittsylvania county. The County Board OF
Pittsylvanla, on the 18th of August.
decided to adopt Johnson's Readers, on
the condition that they were subsequently
adopted by the State Board, which was
finally done by the State Board, Septem-
Der 18th.
At another meeting of the County
Board, however, on September 18th, the
board unanimously voted reconsidera-
ton as TO their action in respect TO the
Johnson Readers, and adopted In their
place Stepping Stones TO Literature.
The question was, therefore, raised,
whether there could properly be an
adoption by the County Board OF the
readers called stepping Stones to Liter
ature," after the action in respect TO
the Johnson Readers, on the 18th OF
August. and whether such adoption Of
the Stepping Stones on the 18th Of Sep
TENDER was legal and valid.
MR.. MoNTAGUES RULING.
DR.. Southall referred this question TO
Acknowledgement Montague who rem
dered his opinion, as follows
referring to your request, together
with letters OF the superintendent Of
Schools Tor tne COUNTY VI iNAoy i'"''''Af
resnecting the action Of the County
Board OF said county In adopting school
books. 1 beg to advise you my opinion Is
as follows:
81 THAT the action OF the County
BOARD of the 18th OF August LAST In
condItionally selecting readers whi' had
not then been adopted by the state Board
was beyond the power Of the said board,
and Is. therefore, null and void
"2. At most, in view Of the inability OF
tho hoard 70 make said selection, its &C.
ton could only be construed as pur-
nose on its part to select said books,
should the same be subsequently adopted
by the State Board. ,o.
20 THE action OF the board OF the l2th
instant. being within the official scope OF
its authority. and not IN contravention
Of It's action Of the 18th OF August, is' In
nv Judgment. legal and valid"
DR. southall has transmitted the opin-
ION 70 the school authorities OF Pittsyl-
Vania.