The news-democrat. (Providence, R.I.) 1906-1909, 1906-06-19

OTHTty ITOTn dCTION OF U.
This Is complete vindication OF the
position taken by the Democratic MEM
Ders OF the committee against the auto
cratic action OF the Republicans under the
domination OF the local Republican ma
chine.
The conclusions OF the commissioner.
after detailed review OF all the facts In
the case, are thus summarized by him:
After careful examination OF the
facts and law I'm this case and for reasons
expressed herein the commissioners has
reached tho following conclusions:
"A valid change OF textbooks OF geog-
raphy and arithmetic was made by the
school committee OF the city OF Pawtucket
at meeting held Dec. %, 1906.
In SAID change Frye's Grammar School
Geography. Smiths intermediate Arith-
metic and Smiths Advanced Arithmetic
were legally adopted by said school COM
mittee for use In the public schools OF
said city; and said books have become the
lawful and proper textbooks for regular
and general use IN said schools
"Redways Natural Geography and
Nichols Arthmetics were displaced In
said change OF textbooks and cannot
now be legally used except for special.
invidental or supplementary purpose.
THE action Of the school committee at
the meeting of Jan. /, 1906 in voting TO
reconsider measures passed al the pre-
ceding meeting OF Dec. 2, 1896. and relat-
ing 10 change Of textbooks, was invalid.
The appeal Of Frank r.. Gormley in
these particulars Is sustained"
The commissioner states his views in
the following terms:
"No question is raised about legality of
the meeting OF Dec. 9th. It's proceedings
did rot in any violate statutory law or
the standing rules OF the school commit
tee. AS required by the provisions OF
Sec %, Chapter 90 OF the general laws
proper notice was given OF a proposed
change In certain text books. the books
TO be displaced had been in use three
years, and every motion of the change
was carried by n two-thirds vote of the
whole school committee. There is no
contention on these matters.
THE appeal is based on the claim that
there had been valid and actual change
In textbooks. The respondent claims
that the notice given by Mr.. Little, that
he would move 10 reconsider the action
taken at the next meeting, suspended the
matter of change, left 1t interminate
and acted as stay to further proceedings
until the next meeting, and that the votes
OF Jan. ist TO reconsider and lay the pat-
ter on the table, virtually postponed the
proposed adoption.
Therefore, the first question TO be deter
mined and the main question at issue is.
was the action OF the school committee
at the meeting OF Dec 9th conclusive and
final? The following rule is laid down
In the case OF State VS. Hiram Van Bus
kirk. 40 n. j. l.. 463 "A dellberatfve body
has the right TO vote and reconsider its
vote upon measures before IT, at it's own
pleasure. until by final vote, accepted az
such bu itself a Conclusion is reached.
Such full action is shown by fits adjourn
ment thereon, the public PRONUNCIATION of
its action, or by subsequent proceedings
inconsistent with a purpose 10 review
did the school committee in this case
accept its action as firal? IL appears that
no further action at this meeting was
necessary to make the change I'm text
books or to show that the committee had
pOlt !, ,frar
tial had been done. In the series OF three
votes taken. Notwithstanding the notice
OF notice OF intention TO move reconsider
alton OF the first two, the committee pro-
ceeded to take the third
Upon adjournment notice was given
by the chairman 10 the publishers Of the
new books that change had been made.
on the following day the new books were
ordered. These acts seem inconsistent
with purpose TO review and indicate
that the committee as a body regarded
its action as conclusive.
Concerning the effect OF the notice
OF moving to reconsider, it is held
that the right OF a single member TO
suspend action on a measure until a
further time by giving notice OF in
tention to move reconsideration, is n
special right conferred by the rules
OF deliberative body; but IL is by
no means general and is not acquired
tary practice. There appears TO be
no bylaw or rule of the school COM
mittee OF Pawtucket giving such right
to single member
I'm he absence of such special
rule suspension of action on n meas
ure cannot be effected by notice OF
intention TO move reconsideration. To
give a single member OF every de-
Lucrative body the power to top ac-
tion until future regular meeting
especially In cases OF bodies holding
meetings monthly or quarterly. would
be contrary TO good public policy.
THE question is raised whether the
school committee had authority to In
cur an expense for a change OF text
books. when, as was shown in evidence.
there were no funds in the city treas
ury on December 27th, appropriated or
available for the use OF the schools.
Obviously the school committee had
the-same authority to incur expense
for the purchase OF new books as II
had for other legitimate purposes
Furthermore, the law (Sec 22, Chap.
Co. General Laws) is mandatory in re-
quiring every school committee TO
furnish. at the expense of the town or
city, textbooks free Of charge for the
use OF the pupils OF the public schools
under It's care.
"The school committee, therefore, Is
not only given discretionary power
but also charged with a duty TO adopt
and purchase textbooks as the needs
OF the public schools may require. In
the absence OF appropriations the
school committee has power TO incur
expense on the credit OF tho town or
city to meet the requirements OF law
(Horton VS. City of Newport, 27 r. l.
Pt. !. 229). 1t Is observed in this
case that no question is raised con-
cerning the proper exercise OF discre-
ton on the part OF the school com
mittee.
There is a conflict OF evidence as TO the
time the newly adopted books were ship
ped from Boston on December %. the re-
spondent claiming that II was at 4:40 y.
m, and prior TO the meeting OF the COM
mittee on books and supplies held at 8
o'clock. and the appellant claiming IL was
at $50 p. m. II is not found necessary 10
determine this question of fact. since the
material facts are that the books we're or
dered and subsequently received and ac-
cepted