The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1902-12-11
SCHOOL TEXT BOOK DECISION.

Books and Powers of School Boards.
In written opinion on matters re-
lating to text books for schools and the
powers and authority of school boards,
Attorney General Douglas says in a
letter to State Superintendent of Pub.
lie Instruction Olsen:'
In your communication of September
24th, you submit the following ques.
tions with reference to the adoption OF
textbooks by board of school trus.
tees:
1st. When a board of trustees or a
board Of education at regular meet
ing ''selects, adopts or contracts" for
books in accordance with the law,
must the books selected, adopted or
contracted for be used to the exclusion
of all other books in the same subjects
for the three or five years, as named by
law?
End. AS the law empowers boards of
trustees and boards of education to
''select, adopt or contract" for books
needful for use in schools, are the
boards of trustees and boards of educa-
ton bound to keep the books for the
period of years named in law, if they
merely ''select or adopt" and whether
they enter into contract or not?
3rd. The textbook law of the state
provides that before any publisher en-
tiers or attempts to enter into con-
tract, he must file list of books and
prices with the superintendent of pub
lie instruction, and no contract must
be taken at greater prices than those
listed with the State superintendent.
If a publishing house does not file a
list of books and prices with the State
superintendent, can they sell their
books to the schools of the State at any
prices they may see fit, provided they
do not "enter or attempt to enter into
contract?"
Chapter %, Gen. Laws 1898, fur
nishes authority to the board of trus.
tees to provide textbooks needful for
the schools of their district under the
following conditions: LIST. That the
adoption of the books shall be for a
period of not less than three nor more
than five years during which time the
books shall not be changed; End. Be-
fore a valid contract shall be made
covering the period for which books
have been selected, the publisher
shall file with the superintendent of
public instruction schedule of prices
and sample copy of each book.
1t appears to be the purpose of this
law that the books selected shall not
be changed for at least three years,
and that before any books are selected
or any contract entered into with the
publishers for the same, schedule
of prices and samples of books shall be-
placed with the superintendent of pub
lie instruction. The latter require
ment was no doubt intended to provide
uniformity in prices and equality of
books selected for use throughout the
State.
The authority conferred upon school
boards to select books for the schools
under their control, must be en-
ployed in strict accordance with the
provisions of the act. There is no au-
thority of law for the selection or
adoption of school books by boards of
trustees, except that which is con-
ferred by the act referred to. The law
contemplates that any action upon the
part of the school board, whether in
the form of a. ''selection, adoption or
contract" shall be for not less than
three years or more than FIVE. These
three words should be read together
and construed to mean an agreement
between the board of trustees and the
publisher to use certain books for a
certain time at given price.
In answer to your first question,
therefore, my opinion is, that if the
books selected cover the subject, they
should be used to the exclusion of all
others for the time named. If other
books on given subject are required,
selections and contracts may be made
in conformity with the law and in ac-
cord with the prior action of the
board, in force.
End. There is no distinction to be
drawn between the words, ''select,
adopt or contract These words
should be read together and construed
to mean an arrangement by which the
district takes, for a stated period, Ger.
tain books at a given price.
3rd. The authority conferred upon
the board of trustees to select and
make a contract for books is limited
and can be made with only those pub.
fishers who have complied with the
law. The statute does not contemplate
that tho hoard cha)1 ,oaLo co1oo+;o.,