The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-02-19
Attorney General
Holds Action of
School BOad Legal
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necessary in order to dispense with
such system. presume, however,
that you desire to know whether or
not the board Of education can dis
pense with the free text book system
without being petitioned 50 to do by
two-thirds Of the voters Of the
sch DOL district.
'1n this connection, your attention
is respectfully directed to Chapter
28l of the Laws of 1923, which
Section 1898 Of the Compiled
Laws for 1913. Chapter 2sl of the
Laws Of 1928 is in part as follows:
whenever in the Judgment Of
the board it is desirable or neces-
sary to the welfare Of the schools
in the district or to provide for
the children therein better school
privileges, or whenever petitioned
so to do by two thirds of the vot-
provide free text books and sup
plies for all schools under it's
charge, in such manner as herein
before provided" '"Any school
board in this state that has adopt
ed the free text book system as
hereinbefore provided, must dis
pense with the free text book sys-
tenn if petitioned SO to do by two
thirds of the voters of such dis
trict, provided, however, that after
the free text book system is adopt
ed, no petition to dispense with the
said text book system shall be act
ed upon by the board of education
within period of four years af-
ter the free text book system has
been adopted under the provisions
of this section; and after the free
text book system has been dispens
ed with, the free text book system
cannot be installed until the ex-
piration of four years.
"Your letter does not give the time
that the free text book system has
been in operation in Tho particular
district. For the purpose Of this
opinion, l am taking it for granted
that it has been in operation for a
period of four years, and now, at
the end Of the four year period, the
question arises whether or not the
board can dispense with the free
text book system without being pet
itioned so to do by two-thirds of
the voters Of the district.
Quotes the Law
Chapter 2S1 of the Laws Of 1928
was, no doubt, passed in order to
remedy the undesirable features Of
the old law, namely section 1898 of
the Compiled Laws for 1913. Under
the old law, if the board itself, with
out being petitioned so to do, adopt
ed the free text book system, it
could dispense with such system the
next year. In other words, in the
absence of petition, the board
could change the system every year,
, If, however, two-thirds of the voters
petitioned the board, the board would
have to adopt the free text book
system. Subsequently, if later on
two-thirds of the voters of the dis
itrict wished to abolish the free text
book system, there was no way that
the board could be compelled to
change. Section 1898 did not pro.
vide any way to abolish the free text
book system, if such system had
been adopted by the board because
of petition presented to it signed
by two-thirds of the voters Of the
district.
"In the case before US, the board
OF education adopted free text books
by resolution. If that is the case
it is my opinion that the boare
would have the right to dispense
with the free text book system, ever
though it was not petitioned so t.
do by two-thirds Of the voters Of
the district. It is general rule o.
law that if a board has the right
to institute or adopt certain plar
or system, it also has the right t
dispense with such plan or system.
"The question now, no doubt
arises whether or not the voters car
compel the board to adopt the free
text book system, in case the boare
just recently abolished such system
and the term Of four years withou-
free text books has not as yet ex
pired.
"In constituting statute, the leg
islative intent should be ascertained
"A statute is not to be construed
so literally as to balk the Legislative
purpose" Re Union Elev. R. Co.
il. r. A. 359. "In constituting /,
statute its literal language give
way TO the intention of the legis
lature." Wilson v. Kruger, 26 N. D
II. "A statute is to- be interpreted
according to its true intent and pur
pose, and its strict letter must b.
made to yield to the obvious intent.
Plummer v. Yost, 10 L. r. A. 10.
Can Restore Free Books
"After careful consideration, it i
my opinion that even though tn
four year term without free tex
books has not as yet expired, if tn
board is petitioned by two-thirds o
the voters of the district, the boar
must adopt the free text book sys
tenn. As l view it, the legislator
never intended that an action of tn
board would prevent the people from
obtaining their wishes for a perio
of four years. On the other hand, i
the board had, without petition
adopted the free text book system
do not believe that the legislator
intended that the people could no
abolish free text books until tn
term of four years with free tex
books had expired.
IF, however, free text books hav
been adopted by petition, free tex
books must be furnished for a perio
Of four years. If two-thirds of tn