Durant weekly news. (Durant, Choctaw Nation, Indian Territory [Okla.]) 190?-1944, 1913-09-26
COURT DECIDES in
CRUCES FAVOR
BUT STATE SUPT. SAYS TEXT
BOOK SQUABBLE IS NOT
OVER YET


Gov Cruce was victorious in the
textbook controwrsy which has been
pending for more than a year, when
the Supreme Court Monday held that
bonds ioi the. textbook companies
must be approved by the Governor be-
fore the State Board Of Education can
make contracts based upon its adop-
tions. in ruling that the Governors
approval of the bonds was condit-
ion precedent only upon which the
board could act finally, the Court held
that the subsequent adoption of con-
tracts by the board without necessary
approval by the Governor was a null
ity.
The Courts decision is viewed as
viping cut the so-called 1912 adop-
ton made by The old Board of Educa-
ton in July Of that year when Gov.
Cruce removed Dunlop, Hayes and
Glenn as memHers, leaving no quor-
nm of tue board 70 act. It is generally
conceded that che adoption of 1908
ended last August, which means there
Is no textbOOk adoption and the county
and oty school boards may use any
books they deslre.t Both the so-called
1908 and 1919 adoptions are in hands
OF local dealers and many OF the
school patrons have already supplied
themselves.
The suit before the court was that
Of the state Board of Education
against A. Il. Wheeler & Co., appeal I
ed from the Oklahoma County Dis
trict Court. where an Injunction had
been granted against the present
Board of Education TO keep 1t from /
making an adoption to supplant the
one made in 1912. Gov. Cruce had de-
elined to approve the company's bonds |
and while the case was pending On
spTeal ana during the Governors abb /
renee from the State, Lieut. Gov. Nc
Alester as Acting Governor, approx
ed both the bonds and the contracts. /
Upon this phase of the case the Court |
did not pass. The opinion delivered
by Associate Justice Turner says that
assuming Dunlop. Hayes and Glenn
we're de jure officers at the time of
making the supposed contracts, their
srts would be binding had they kept
within thsir statutory powers.
with the action of the Governor in
refusing to approve the bonds. this
court has nothing to do" the opinion
says. whether justifiabIe or not we
do not undertake to say His discre-
ton in the premises cannot be con-
trolled by us in any way, but being in
dispensable to validity Of the con-
tracts they are incomplete without It.
The opinion also recites that the
Legislature conferred duties upon
both the Governor and the Board of :
Education in making a legal adoption
Of textbooks, and while the attorneys |
briefed thoroughly every phase of the |
controversy, the matter of bond ap-
proval was lightly touched upon. A
few days ago the court called in the |
attorneys and requested briefing upon
the point which was made the basis
OF todays decision,
Although the ocurt dissolved the
district courts Injunction and directed /
that it be dismissed, attorneys for the
1912 companies do'not admit they are
out of court. 1t is their intention, as
expressed tonight. to amend. the Pc
ttion and bring out that the bonds
have since been approved by the Act
ing Governor and ask another injunc-
ton to prevent the present board from
making a new adoption This is to be
supplemented by an application for
mandamus to compel the present
Board of Education to execute new
contracts as per the 1912 awards, re-
living upon the Acting Governors ap-
proyal Of the bonds 10 support them. I