The Montgomery advertiser., 1908-10-06
WHAT BOOKS TO USE
ATTORNEY GENERAL DEFINES THE
 UNIFORM SERIES.1
Teachers Can Use Other AFithmetlcS Than Those Adopted by Commission If They Do Not Repeat
 Subject Matter.

Answering the Governor, Attorney Gene raj Alex M. Garber Monday gave, an opin. ion intended for an interpretation of the act of the last Legislature creating the Alabama Text Book Commission. -he ruling applies more particularly to Secticn ms 12 and 15 of the act, the one prescribing what books shall be adopted into the Uni- form series of the free public schools snd the latter section prescribing the penalties to be imposed on teachers patrons and pu- piis using other books.
 Briefly, the Attorney General replied to the Governor that the three arithmetics- elementary, practical and advancsd-whIch were adopted by the Commission. are enl- braced in the meaning of the uniform series ana as such must be used by the schools. If. however, certain schools or teachers see fit to pursue even more advanced studies In arithmetic by way of supplementary books, which do not rehearse the ground covered already by the adopted books. such schools or teachers are privileged. accord ing to the Attorney General to use the books though they arc not in the uniform series.
 The opinion in full is as follows;
 October 9th. 1908. Hon B B. Conner.
 Governor of Alabama,
 Montgomery, Alabama.
 In yonr communication of September i2, you requested me to advise you ., .. 1st Whether or not all three of the text books in Arithmetic-Elementar FIaesioI snaii and Advanced-adopted by the Text BOOK Commission, are embraced In sectlon ls or the Act creating the Text Book Commlssioh of Alabama, approved August lb. 1907.
 End If said books embraced In said Section 12 will any teacher or superintend- ent who uses any other advanced Arlthme- tic except that specified In the aoopton, subject himself to the penalties provided Tn Section 15 of said Act.
 The provisions of the Act referred to above usually called the '"rext Book Law. are not susceptible of any sort or amoikul- ty or doubt on this question.
 In Section 1 of the Act the duty Is impoS- ed upon the Text Book Commission to se- lect and adopt a uniform series or text books for use In the public schools In th" State for period of five years to M incluIs ,s clearly set out in this part of the Act that it shall be unlawful for any school orficiel the same branches other than those eoopt- ed by said Text Book Commission.
 The three text books In Arithmetic men tioned above, having been adopted as a part of the uniform system of text books in this state for the next five years are ne cessarily included and referred to ..,,,so m SrS tion l2 of this Act. This section carrying ont the general purpose of the Act, proVides that the books adopted shall De lntroouce1 1 and used as text books to the eXcIusioh m nt ali others in all the free public schools m While it is provided that nothing in the | Act shall be construed to prevent ehe tSo .So | Act is very explicit that such supplements ry books shall not be used to the t eAoluS'"S ,, | of the books adopted in any oIahen nal, o' study Another manifest intention ueetes az ed in the Act Is that higher or more @ au- yanced branches of study than those h, vn. |, braced in the uniform series eau pc tdusn' in any school and any book upon such hiSh, CT branches of study can be used, pIoVioeu that such higher branches snah not pc taught to the exclusion or tns oIahSli i = = mentioned and set out in the unllo'Iil ii s. t teE of text books adopted by the So'i'n''- sion. . .h. ,ert hooks adonted by the Commission must De u useu eTcIusively in all the public schools as Tar As such text books go in the tteatiiaene s ,s O, q each particular branch of study A,i, AsSuInitiie ', x that there is q higher book m AIithnte1 A.' 1iw , than the Advanced Arithmetic adopted Dy tha Commission as one Of the text DOORS o.' thfs subfect I think that it is cIeet unuSI , inc several provisions of the Text booh law that such higher or more AuFanSvo I,,i,a Arithmetic cannot be taught n PSiass schooi in this state unless the pupil or cle., clesN sono", n.ecuted tr the study Of Arithmeti tic throurb the adopted books on thls suoJeSs enS 6as finished the subject as IAr aH Ireated in said adopted books. .,... .-
 It foIoTs therefore, that any teAcher OI ,Aaartntsndent who uses or permits to pe S,ssd any other advanced Arithmellc' ""tsn ts oniv treats this branch or stuuy ~ ~ tto t oS @ vTent as the Advanced Arlththetlo eott.e a.s.S hV the Commission violates section 99oPs S tbe Act and subjects himself to the nsnSities provided therein.
 beg to remain, . ,,,i,,
 Alex M Garber,
 Attorney General .