in some of its alleged facts without regard to their importance, no textbooks will be left in the schools, for none are impeccable. True, the Cashman law would condemn only for falsifying the history of the Revolutionary War and the War of 1812, leaving four other foreign wars in which our country has engaged, and the great Civil War, to be treated without other restraint than that contained in the last clause of section 1, denouncing propaganda in favor of any foreign government. But under that sole provision it might still prove embarrassing for a writer to tell the truth about the Mexican War and possibly the others also, for the term propaganda—as the whole world has learned lately—is a most elastic one. Presumably, the propaganda test applies as well to other phases of history as to the military phases, wherefore an author of a textbook is apt, under a strict construction of this law, to be hauled into court on the charge of propaganda if he should consider it his duty to say a single thing in commendation of any other nation. For, will there not always be found, in any school district, five citizens whose views collide with those of the author; and if so, what is to prevent a case being called? Surely a word in favor of France would be resented by some; a word in favor of Great Britain would be resented by others; a word in favor of Germany would offend still others; and so on through the list. In the present mournful state of general unrest and want of confidence among nations, an author would tread unsafely on any ground outside the "three-mile limit."
It does not follow from the fact that under the law it is easy to bring cases, that convictions would be equally easy. Presumably the state superintendent has had knowledge of all books now in use in the schools and, in effect if not in form, has approved them. This he would not have done had he considered any of them purveyors of treason or excessively faulty in statement. Moreover, as judge in
