Montana Attorney General Opinion 16-3

Opinion No.3. Schools-Textbooks--Basal Textbooks. HELD: Section 1190, R. C. M. 1921, as amended by Chapter 25, Laws of 1925, means that one particular pub- lisher's textbook shall be provided for each branch of learning, as a basal textbook in that branCh, and such sup- plemental textbooks on the same branch of study may be chosen as the commission may determine upon. December 7, 1934. Miss Elizabeth Ireland Secretary, State Textbook Commission The Capitol We acknowledge receipt of yours of December 6, requesting an opinion in the following matter: "Kindly let me know if 'basal' found in line 8 in the first paragraph of section 1190, and 'basal' in line 2 of the second paragraph of section 1190 of Chapter 25 of the 1925 School Laws, mean one or more than one. "If basal textbooks are to be adopt- ed in grammar and arithmetic, can there be more than one book adopted as basal for each of the two subjects named ?" Said Section 1190, as amended by Chapter 25, Laws of 1925, provides in part as follows: "* ,. * that the Text- book Commission will meet, as herein provided, and that it will receive sealed proposals up to twelve o'clock noon, of said second Monday in Decem- ber next following, for supplying the State of Montana with such basal and supplementary textbooks as the Com- mission has considered desirable to be changed, ,. * *. The Commission shall 4 OPINIONS OF THE ATTORNEY GENERAL make contracts for textbooks in the following branches, to-wit: Reading, spelling, writing, arithmetic, geogra- phy (elementary and advanced), lan- guage and grammar, physiology and hygiene, civil government (State and National), history of the United States (elementary and advanced) and ele- mentary agriculture." In the next succeeding paragraph is the following: "Said Commission is hereby empowered to adopt such other textbooks supplementary to the basal textbooks above referred to as it may deem advisable. But no supplementary textbooks shall be used in any of the schools in this state except in con- nection with and supplementary to the basal textbooks adopted by the said State Textbook Commission as provided in this Act. * * *" The words "basal textbooks" used as above, being in the plural, causes some confusion in determining wheth- er the statute means the plural form shall apply to "basal textbooks" or is used in reference to the basal text- books of the numerous branches of learning referred to. In our opinion the statute means that one particular publislier's textbook shall be provided for each branch of learning, as a basal textbook in that branch, and such sup- plemental textbooks on the same branch of study may be chosen as the commission may determine upon. If it were the intention of the legis- lature to authorize the selection of co- basal textbooks on a single branch of study, it would have been a simple matter to say so rather than the use of "supplementary textbooks."