Snell v. Welch

• Decision Date: 14 July 1903
• Parties: SNELL v. WELCH, Superintendent of Public Instruction, et al.
• Court: Montana Supreme Court

28 Mont. 482

SNELL
v.
WELCH, Superintendent of Public Instruction, et al.

Supreme Court of Montana.

July 14, 1903.

Appeal from District Court, Lewis and Clarke County; J. M. Clements, Judge.

Suit by Chas. H. Snell against W. W. Welch and others, members of the textbook commission of Montana. From an order restraining defendants from proceeding under an act of the Legislature, defendants appeal. Appeal dismissed.

Jas. Donovan, Atty. Gen., for appellants.

Robt. B. Smith, E. A. Carleton, and Edward Horsky, for respondent.

PER CURIAM.

This cause is before the court upon the appeal of the defendants from an order enjoining them “from proceeding or acting under a certain act of the Eighth Legislative Assembly of the state of Montana, to wit, senate bill No. 84, entitled ‘An act to create a state text-book commission for the purpose of adopting and maintaining a uniform series of text books for the public schools of Montana; to regulate the price of same; define the duties and powers of said commission and appropriating a sum of money named therein for the expenses of said commission,’ approved March 7, 1903; or from receiving any bid or bids, or letting any contract or contracts, for the furnishing of public school textbooks under said act, unless they shall receive, consider, and treat any and all bids which may be offered for the furnishing of said textbooks, or from awarding any contract or contracts therefor, irrespective of whether the bidder or bidders attach to said books the union label or not.” The act referred to is entitled as stated in the above order, and provides, among other things, that “all text books shall bear the union label.” It is certain from statements made by counsel for appellants and respondents, respectively, to this court...