The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-04-17
BIG SAVING FOR DISTRICT
Clerk. Whitney Of School Entitled to
Credit for an Important
Discovery.

2 will be v something like $5,OOO,
which it was believed would be necess
sary to pay for the free text books
that it was thought had been voted
in the district at the recent school
election. While others held to the
contrary, Mr.. Whitney was OF the
opinion from the first that the PROPOSE
ton had failed and last evening con-
cluded to read the law again. In con-
sequence he became more fully con.
WINGED than ever of the correctness
of his position. This morning he sub.
mitted the matter to President Moss
of the school board and that gentle
man, after having read the law, at
once decided with Mr.. Whitney.
The law under which the question
was submitted to the voters of the
district reads exactly like that relat-
ing to the matter of issuing bonds for
any purpose, when the question OF
such issue is made a part OF any reg
ular election. In order that it shall
carry 1T is necessary that a majority
of all the votes cast in the district
where submitted must be in favor
of the proposition. 1t is not enough
that a majority OF the votes cast on
the particular question of free text
books shall be in favor of it, as the
law says specifically that a majority
of all the votes cast in the district
must be for such free books.
Several years ago, it will be remem-
bered, Judge Loud Of this district in
terpreted the law relating to the vot-
ing of bonds by the county. On that
occasion in connection with a regular
election the question OF bonding the
county for the purpose of erecting a
new cour house and Jail vas submit
ted to the voters. When the official
W. of the returns was made 1t
was discovered that a majority of the
votes cast on the bonding matter was
in favor OF the bond issue, but such
majority failed to be a majority OF
all the votes cast at the election, many
of the voters having failed to vote
either for or against. Judge Loud
held that the matter had not been
carried. Previous to this a like opin-
ion had been rendered by the attor-
ney general on a similar proposition
in one of the other counties OF the
state.
AS the Law Reads.
Following is the law under which
the president and secretary hold that
free school books may not be issued.
1t is section IL of senate bill No. 81,
entitled IAN Act to Create a State
Text Book Commission" etc.:
upon the petition OF five legal vot-
ers of any school district other than
in incorporated cities, and upon petit
ton OF 100 legal voters in incorporat-
ed cities, towns and vii
lagos, filed with the board OF trus-
tees or board of education, it shall be
the duty OF the board of education or
the school trustees, as the case may
he, to notify the voters OF such school
district that an election for or
against free text books will be held
at the next ensuing election for men,
bers of the board OF education or
school trustees, and the ballots TO
such effect shall be received and can
vassed at such election and ii a major
ity of all the votes cast in the dis
trict shall be found to be in favor OF
free text books it shall be the duty
of the trustees or board of education,
as the case may be, to purchase at
the expense of such district all the
text books required for use OF all the
pupils attending school in such school
district; and said text books shall be
loaned to the pupils of said public
schools, free of charge, subject to
such rules and regulations as to care
and custody as the board OF education
or school trustees shall prescribe; pro-
vided that the pupils may purchase at
cost any of the text books so furnish
ed, when desired by them. Provided
that the question of free text books
shall be submitted to a vote in every
school district in the state at the reg
ular election held on the first Satur'
day of April, 1903, without petition as
hereinbefore provided for, and the no
tice of such election must, in addition
to other matters required by law, con
tain a statement of such fact that the
question of free text books will be
voted upon at such election"
The Facts.
Taking the law as interpreted by
the officers of the school board and