Opinions of the Attorneys General of the State of Minnesota From the Organization of the State of Jan. 1, 1884
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' " The act to provide uniform and cheap text-books — the " Merrill law " — was ap- proved February 23, 1877. It is compulsory in its terms upon all school-districts in the State, except those organized under special charters. The general school law was approved February 28, 1877. Under the latter act, Boards of Education in in- dependent school-districts are given authority to prescribe text-books, and a course 368 OPINIONS OP THE of study for the schools in such districts. Upon this point it ...is claimed that the two statutes are repugnant, and, being repugnant, that the latest act must prevail. This would relieve independent school-districts from the operation of the Merrill law. On the other hand, the friends of the Merrill law claim that force and effect can be given to both statutes; that the purpose of independent school-districts is. to provide instruction in the higher branches,— that is, studies more advanced than those taught in the common schools; that the power given to Boards of Educa- tion in independent districts to prescribe text-books, refers to text-books other than those covered by the Merrill law ; that in this way the two acts can be reconciled.
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