The Birmingham age-herald., 1903-11-17
TEXT BOOK LAW
 IS SUSTAINED Judge Senn UphpIds Consti-
 nationality of Act WRIT OF MANDAMUS DENIED
Books Used In Public Schools Must Bear the State Stamp-Dr. Dickin- sons Petition Is Denied.
 Interesting Decree.

Judge c. A. Senn of the city court, rem dered decree yesterday sustaining the constitutionality of the uniform text book law recently enacted by the Alabama legislature.
 The matter was in the form of peti- ton filed by the Rev. Dr. A. J. Dickinson for writ of mandamus to compel Prof. J. B. Cunningham of the Birmingham High School to appear and show cause why the son of Dr. Dickinson should not be allowed to attend the Birmingham High School and use books which did not contain the official stamp required by the uniform text book law.
 Prof. Cunningham was served with rule nisi compelling him to appear before the court on October II and show cause why a peremptory mandamus should not be issued against him compelling him to allow the son of Dr. Dickinson to attend school.
 Demurrer Sustained.
 Demurrers were made to the petition by Cabanss & Weakley, attorneys for Prof. Cunningham and the decree rendered yes- terday was the result of Judge Senn's in- vestigations of the case.
 The original petition set forth in sub stance that Alfred Dickinson, the son of Dr.. A. J. Dickinson, bought certain text books from Dewberry & Sons in- stead of from Loveman, Joseph & Loeb, the authorized text book depository, which did not contain the state stamp, but which were otherwise the exact fac similes of the books required When young Dickinson presented himself for admission to the High school the princi- pal, J. B. Cunningham, refused to allow him to matriculate until he should sup ply himself with the books containing the stamp as required by law
 Dr. Dickinson, through his attorney, A. o. Lane, presented the matter be- fore the board of education and that body adopted a resolution to the effect that the ruling of the state superintend- ent of education requiring stamped books be maintained in the Birmingham schools.
 Resolution of Board.
 The resolution was as follows;
 .Be it resolved, That the superintend- ant of nublic schools be instructed to carry out the ruling of the state text hook commission with regard to the text hooks to be used in the Birmingham pub uc schools and that such books bear the nfficial stamp according to the interpre- fation of the law made by the state su- perintendent of education.
 The respondent in the matter of the netition ]. B. Cunningham, filed the following demurrers:
 Lunnnaham's Demurrer.
 .Nov comes the respondent, J. B. Gun ningham. and demands to the petition for inc writ of mandamus and for cause or demurrer says:
 q It appears from the averments or inc petition that the books offered to be nsed bv the petitioners son were not those adopted and provided TOT py the state text book commission.
 70 If appears from the averments of the petition that the books presented by the petitioner's son did not have on the back of each book the contract price, as well as the exchange price therein re- qnired by section seven of the act, and the statement as to price, required by sec 4 tion eleven of the act.
 "3 It does not appear from the aver $ ments of the petition that the books pre- sented by the son of petitioner bore certificate made by the teacher or the school officer that the books were &C., tually in the hands of hte pupil at the time of the state adoption.
 A. It appears from the averments of the petition that petitioner could have pro- cured books bearing the stamp and in- scription required by the act, and no reason is alleged why such books were not procured instead of those which were actually presented and sought to be used.
 "5 It appears from the averments of the petition that petitioner is not entitled to the writ of mandamus."
 Judge Senn's Decree.
 The decree rendered by Judge Senn yes- terday was as follows
 And now on theis, the 16th day of Mo- vember, 1903 come the parties. by their attorneys, and the respondent. J. E. Cum ningham, demurs to the petition for the writ of mandamus, and said demurrer be- ing argued by counsel and being duly considered and understood by the court. Tt is ordered, adjudged and decreed tion be and the same is hereby sustained. The petitioner thereupon declines to an- swer the said petition. and.
 s'It is further ordered, adjudged and decreed that the said petition be and the same is hereby dismissed out of this court at the cost of the petitioner for which costs execution may issue'
 
 PATTI IN SUIT.