People ex rel. Beckwith v. Board of Education of Oakland

This is an application for a writ of mandate directing the respondents to use and cause to be used in the public schools of the qity of Oakland the text-books known as the McGuffey series of Readers.

The facts upon which the application is based are as follows : During the years 1873, 1874, and 1875, and thence continuously until January 17th, 1880, the McGuffey series of Readers were by law in general use in the public schools of said city. At a meeting of the Board of Education of said city, held January 17th, 1880, the said board determined and resolved to adopt and introduce into general use as text-books in all the public schools of said city,-the text-books known as the Appleton series of Readers, in lieu and in place of the McGuffey series of Readers; which said resolution has been enforced, and ever since said day, said Appleton series of Readers has been continuously and is used in said city, in lieu and in place, and to the exclusion, of said McGuffey’s series of Readers.

The law under which the application for the writ is made is as follows :

The respondents rely upon § 7, art. ix, of the new Constitution, claiming that it is self-executing, and that local boards…