Judge Neeley decided today that according to law, the School Board does not have the power to supply free text books to the children in the Public Schools; it would require new legislative acts to give this power to the administration...... This does not end the affair by any means, since the legal lights, Altgelt, Darrow and Thompson, who happen to be the representatives of the School Board in this instance, declared immediately after the decision, that the case will be appealed......The main issue - as Judge Neely interpretes the law, comprises the following:

"In regard to this controversy, it is not a question of whether the proceedings of the School Department have been advisable or justified in the interests of education, but the affair hinges on the actual authority, which the State laws give to the School Board. Section 1 of Article VIII of the States's Constitution specifies: 'The Legislature shall provide for an effective free school system, 2whereby all children of the State may obtain a good Public School education. The representative of the School Board maintains that the Constitution takes a liberal view and so also concedes the right to distribute free books, even if the State's statutes did not give additional definite paragraphs on Public School matters....In fact special laws are not needed....Section 202, Paragraph 122 of the amended laws of the State of Illinois:.....that the Boards of every school district shall have the right, to raise a tax for the following purposes:

For the furnishing of and the continuance of free schools and for the payment of all expenses caused thereby; for repairs and improvement of buildings, procuring of furniture, fuel, libraries and apparatus and all further costs which will eventually arise in such an establishment!....

Thus the tax money can be used for free books - in conformity with the quotation: "Expenditures for various purposes... The court claims this inference is erroneous

In the foregoing proceedings, the School Board's attorney takes cognizance of Paragraph 1C, Section 146 of the School Laws, which states:

The School Board is empowered to provide a sufficient number of school books (copies of those which are in general use) for children of such parents, who are not financially able to procure them. The books thus obtained are to be loaned only....must be returned at the end of the year....teachers shall see to it that children do not damage them etc..."

The School Board's legal batteries consider this as unconstitutional, as that is manifestly class legislation... Regardless of the injunction which curtailed the distribution of books, these, to the amount of $40,753, are now in the private possession of the youngsters.....

This decision will affect many of the high school students and compels a large number to discontinue their studies, since these text books are high in price..... The School Board awaits the results from the Court of Appeals; there is nothing else it can do.... The local Turn Vereine, The Alliance of the German clubs, Federation of Labor, were all in favor of free books, but found a strong adversary in the German Catholic clubs, led by Theo. B. Thiele....and these latter clubs applied for an injunction to prevent the distribution of free texts.... which was granted....

Mr. Thiele considers the action of the School Board as "socialistic" and without legal authority. He further invokes Chicago's citizens to restrain the School Board in the future..."