Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-07-23
LET THE APPEAL BE DROPPED.

carrying the school-book case to the
Supreme Court" so said a prominent
educator today. III he were to sub
nit his action to the suffrage Of the
people OF Utah, he would not find one
out of fifty who would support him in
his position"
There is no denying the fact that the
convention over which Mr.. Nelson pre-
sided has made itself very unpopular;
not so much perhaps because of the
technical Irregularities Of procedure for
which Its acts were declared null and
void by the lower court, as for deeper
and more fundamental reasons.
II acted behind closed doors Il voted
BY secret ballot: II failed in some in"
stances to select the cheapest and best
books; and finally (Which in the eyes
OF the people probably was its grayest
offense), 1t made wholesale changes,
amounting according TO the evidence
brought out before the court to up
ward Of ninety per cent Of all the books
used in the schools. Publications that
had given excellent satisfaction, and
which had been in use but five years,
were displaced from the schools. The
evidence also disclosed that the ex-
pense Of these changes would amount
to upwards of $4,000.
II was for these and other reasons
that the News commended the in
Junction suit, whereby the acts Of the
convention were to be submitted TO
legal scrutiny: and II was gratifed
when the decision was rendered NULL
flying It's proceedings. SO, too, were
the people OF the State of Utah. They
felt like drawing a long breath and
congratulating themselves on their es-
cape.
supt Nelson, without the authority OF
the convention OF which he was the
presiding officer, or of the people Of the
state, now proceeds TO ask the supreme
court to override the decision Of Judge
Hall and compel the schools to accept
this wholesale change Of books. The
News" has repeatedly stated It's belief
that some of those now in use ought to
be changed. II believes that the schools
OF the State should have the best books
consistent with a reasonable degree Of |
economy. But no serious harm can
arise from the use OF the old books for |
another year.
On the other hand, great injury to the
schools is inevitable from the appeal.
il the lower court should be reversed. |
II would mean that all the decisions of
the convention must be carried out
through the pockets Of the people.
Whichever way 1t may be decided, II
means that there will be much confu-
sion and considerable delay in securing
books at the beginning of the school
year.
Judge Miner is out Of the city and
Judge Bartoh has left or will soon leave
/ for his vacation The court could not
lct until its September term. Assum-
NC that the case were to be taken up
Immediately after the sitting of the
'ourt and decided promptly, the deci-
hon would be followed by two or three
weeks delay, in ordering and shipping
he books from the East, and to nearly
IN equal delay in distributing them
Ibout the State. This would mean that
he schools would have been begun
more than a month in many instances,
'efore the children would have books to
tudy from.
As We have said this will be the re-
'ult OF the appeal whether the old or
he new books are 10 be used for the
'nsuing year, DO the people wish any
Iuch contingency TO arise? An abund-
Ince Of the old books, as We are in
ormed by the wholesalers, win be In
Salt Lake within couple Of weeks.
Why not let the matter rest upon the
lecislon Of the lower court, until the
legislature can take the matter up
md untangle the difficulty by appro-
,rlate legislation?
This act Of appeal is Mr.. Nelson's
wn act He. and he alone accepts
Is responsibilities Heretofore. he
as appeared In the matter only as
ne out Of twenty-nine men, who hap
ened to be chosen as the presiding otIi-
er OF the convention. BY taking the
ppeal, he makes the collective acts Of
he convention his own personal act.
the books are changed this fall. Il
fil be because Of his appeal; n there
] delay IN receiving the books. Il will
e for the same reason. In conducting
he trial and in choosing his advisers.
IT. Nelson, It appears, has not even
elected the regularly constituted at.
orney OF the people. lie has passed
y the attorney general and chosen
Their counsel who naturally consider
othing but the legal aspects Of the
robem,
Primarily this is not a legal cues.
ion; It is question OF public policy.
We believe Mr. Nelson has determined q
pom his course OF action sincerely, ,
nd from what appear to him TO be
God and sufficient reasons. But We /
c'ieve him TO have been badly ad. :
ised. and trust he will reconsider his Z
elton Let the appeal be dropped.
Since the foregoing was written the I
News" has received a communication 4
n this subject from Prof. y. L. Nelson :
not the superintendent. which will be {