Pendry v. Edgar

Citations

• 88 Kan. 830
• 129 P. 936
• 1913 Kan. LEXIS 429

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Mandamus—Uniform Textbooks—Primary Reading Chart. The uniform textbook law authorizes the state textbook commission to adopt a series of textbooks in various specified branches, including a primary reading chart. Standards of quality are prescribed, maximum prices are fixed, and provisions are made for letting contracts upon competitive bids for supplying the textbooks named in the list—-but a maximum price is not fixed for a primary reading chart. The statute also declares that “It shall be unlawful for any school-district board . . . to. purchase or contract for any chart, map, globe, or other school apparatus . . . unless the same shall have been . . . approved, and a maximum price therefor fixed by said school textbook commission.” (Gen. Stat. 1909, §7836.) It is held (1) that the Arnett primary reading chart, described in the petition, is intended and adapted for class instruction and not for individual use by pupils as an ordinary textbook, and (2) that a school-district board will not be compelled by mandamus to buy or install a primary reading chart for class instruction in a district school and pay to the manufacturer the maximum price fixed therefor by the textbook commission, although the commission has adopted the chart for use in the public schools.</p>