Indiana State Sentinel, Indianapolis, Marion County, 3 June 1891 — Page 4

TTIE INDIANA STATE SENTINEL. WEDNESDAY MORNING, JUNE 3. 18!J1 TWELVE FAUES.

INDIANA STATE SENTINEL BY THE INDIANAPOLIS SENTINEL CO. S. E. MORSS, President.

fZatartd at the Foatoffle at Indianapolis m ascend claaa matter. TERMS PER YEAR PlDgle eepv (Invariably In AdTnc.)-.....81 OO . We aik democrat to tmi In mind and select th' lr evp atata paper when they coma to tak aubacriptiari and mala up clubs. Agents waking up clubs send for any Information hij1. Add THK IMJIAJi ATOLIS SENTINEL Indianapolis, Ind. WEDNESDAY. JUNE 3. 1891. TWELVE PAGES. Reciprocity and the Democratic Free. Our misguided protectionist contemporary, the New Albany Ledger, has something to say about the "threadbare preachment of the free-traders, that reciprocity ia Bought by Blaine with nations the trade of which will benefit manufacturers only," and adds : Why ia there such a studied effort to discountenance reciprocity. Let us eee bow it is about thia: First and foremost, we have a surplus of agricultural and manufactured products. We want a Itnarket. Where shall we find it? Certainly it is not to be found ia Great jJJritain. We eel: certain staples there, it 'ia true, but usually at the price fixed by the purchaser, without any equivalent. TVe can sell Cuba corn, 'wheat, bacon, 'horses, mulea and other products and buy . coffee and sugar and other articles that enter into a real country home. What can we sell at a profit in LiverpooL Again: "Ve can, through a well established zllverein, control the trade and political future of thia continent. It is our manifest destiny. Mr. Blaise ia reachine out In the right direction and should meet with the encouragement cf intelligent men of all parties. It ia really amazing, and indeed, somewhat discouraging, to find a professed democratic organ in Indiana thus attempting to bolster up Mr. Elaine and his reciprocity humbu?. We use the word 'humbug deliberately, because it ia the only word which will adequately characterize the policy which Mr. Blaine haa proclaimed with such a tremendous flourish of trumpets, and which, it ia hoped by its promoters, may save the republican party from the fate to which ita espousal of McKinleyism had condemned it, Of course it will readily be conceded that any extension of our foreign trade, however limited, ia desirable. Every barrier, however Email in itself, to the free interchange of commodities between the United States and other cations is a step toward the commercial emancipation of the republic. But the pretense that the ilia under which the American people and especially the farmers and wage-earner? are sullering in consequence of a fal?e and vicious revenuo system can be relieved ia any appreciable degree by the methods proposed by Mr. Blaine, while at the same time our gates are closed more tightly than ever against the great commercial nations of the world, is insulting to the popular Intelligence and ehould receive no .support from a democratic paper. The situation ia thia: To the south of us are thirty-five millions of people, none of them in a very advanced stage of civilization, largely inhabitants of tropical or semi-tropical countries, whose wants are limited and whose purchasing capacity is comparatively emalL The standard of living ia theso Countries is very low. Their governments are unstable, and three or four of the most important of them have been the scenes of revolutions 6ince the Pan-American congress, which adjourned only a little more than a year ago. Trade in these countries is chronically in an unsettled condition, and transactions with their people are attended with extraordinary riBks because of the long credits demanded on purchases, the peculiar tastes and requirements of the people, etc., etc. Their chief products are hidea, coffee, wool, sugar and timber. "We import largely of these commodities. Coffee and hidea have been on our free list for many years, and no political party would dare put a duty upon them. Their wool we ntei and must have, duty or no duty, and it is not proposed by Blaine, McKinley, HarBrso & Co. to put it on the free list under any conditions whatsoever. Sugar above No. 16 Dutch etandard haa been untaxed by the McKinley law. That law authorizes the president to reimpose the taxea on hidea, sugar, coffee, etc., in order to compel the South American states to make concessions to ua, but thia provision is notoriously impracticable and patently unconstitutional, and the statesmen of South America know, aa well as we know, that no president will ever dare to carry it into effect. The people of the United States would not submit to it for a moment, even if there were no constitutional objections to it. The Latin Americans are agricultural peoples. Their products are those of the field, the mine, the forest. Thoy do not enter into competition with our manufacturers at alL If they did neither Mr. Blaine nor any other republican statesmen would propose reciprocity ith them. The carrying out of Mr. Blaine's policy may open up, in a small way, new outlets for American manufactured goods. It may increase our exports of machinery, of petroleum, of Tarious lines of manufactured goods to some slight extent, but it will open markets for very few bushels of wheat, very few barrels of flour, very few barrels of pork. It will not relieve the American farmers, from any part of the tribute they are now compelled to pay home manufacturers. They must still sell in an open market and buy in a closed market. The prices of their products will still be regulated by the European demand for their surplus, and the prices of what they and their families consume, will still be artificially enhanced by law. For theee reasons and many others, we say that Mr. Blaink's reciprocity, in so far as it is offered as a substitute for a policy of free interchange of products with the rest of the. world is a "humbug" a delusion, a snare, a fraud cunningly devised for the deception of the masses of the American people and for the further enrichment of the small

class which haa dictated the revenue legislation of this nation for the past thirty years. Reciprocity is a musical word. Like protection, it has a certain attractive jingle which is apt to commend it to the unthinking. But what thia country wants what the fanners and mechanics want is reciprocity with the civilized people of the world ; reciprocity with those who have wants and the mean of gratifying them reciprocity with the nations which today take our great surplus of agricultural products and are ready and willing to greatly increase their purchases from U3 whenever we are prepared to trade on even terras with them. It is the duty of every democratic journal to expose the real character and scope of Mr. Blaink's much advertised and very pretentious project of reciprocity, which, in the last analysis, is little better than a clever political dodge. A Great Field for the "Journal's" Lawyer. The eharge that tha new tax law redaees th tax of corporationa ia made out of whole eloiu. It increases the Uxs of corporation! very materially. Under the uew law they will pay more money into the pubiio treasury than they have ever paid before. They will be taxed, for the first time, on their franchises, dESTlNEL. The new law doe provide that franchises shall be taxed, but that cannot affect existing franchises. The idea that a tax law could operate on franchises already granted is pecularily brilliant. The Dentin kl. doesn t know much more law than Green Smith. Journal. Where did the Journal obtain the "brilliant idea" that an act taxing franchises is ex post facto law ? The state law library does not contain a report, state or federal, in which a decision can be found to sustain the position the Journal has taken, and certainly no reputable lawyer in the city, would risk his reputation by maintaining that "a tax law could not operate on franchises already granted" except when the charter expressly exempted the franchise from taxation. "Deety on Taxation," the standard authority on that subject, defines a franchise thus: The franchise of a corporation is deemed personal property and is taxable as such, but it ia not a tax on property, but on the privilege of carrying ou the business. It is a personal tax to be assessed at the place where the business is carried on. The supreme court of Illinois held that a "franchise of a corporation is property and has a value capable of being estimated, and Is taxed, but under the constitution, is required to be taxed in some appropriate mode." The U. S. courts have also repeatedly decided that a franchise is personal property. The courts of several states and th3 U. S. courts have also decided that for the purpose of police regulation, to raine revenue to support the government, the legislature haa the power to tax any specified class of property within its jurisdiction, and the mere fact that property existed prior to the passage of the act does not prevent the legislature from taxing the same. The courts having invariably held that franchises are petsonal property, a law taxing them is not ex post facto. "Desty on Taxation" sava: The taxing power ia inherent in every sovereignity, and there can be no presumption in favor of its relinquishment, surrender, or abandonment It is never presumed to be relinquishf d unless the intention to relinquish is declared in clear, unambiguous terms. It can never be presumed to be abandoned or surrendered except by clear words, and for what is deemed at the time by the law-making power an adequate consideration. The surrender cannot be extended by implication. Hundreds of decisions could be cited from the federal and state reports in cases arising from the taxation of franchises, but, strange to say, not one corporation ever raised the issue that "a tax law could not operate on franchises already granted." In 1871 the state of Nevada taxed the franchise of the Central Pacific railroad company. The company refused to pay its tax because it derived its franchise from the national government. The supreme court of Nevada decided that the taxes must be paid. State vs. Central Pacific railroad company, 10 Nevada 47. This decision was based upon the opinion of the U. P. circuit court for California in Huntington vs. Central Pacific railroad company, 2 Sawyer 503. The tax law of Nevada which taxed the franchise of the Central Pacific was enacted long after that corporation secured ita franchise from congress, yet its ab'e lawyers never raised the point that the tax law could not affect existing franchises. It was unfortunate for Huntington, Stanford 4 Co. that the Journal's constitutional lawyer had not yet discovered that a tax law could not affect existing franchises. Hcntingto.v, Stanford, Crocker & Co. are still paying taxes in Nevada on their franchises notwithstanding that the tax law of that state was passed long after they obtained them.' Here ia a chance for the JournaCt constitutional lawyer. He need not stop with the Central Pacific. There are thousands of corporations in Pennsylvania, New York and other states paying taxes annually upon franchises obtained prior to the enactment of the laws authorizing their assessment for purposes of taxation. "There's millions in it" for the constitutional lawyer of the Journal. Bnccma of the School Tloolc Law. Speaking of the meeting of tho state board of school book commissioners to open bids for additional text-books, the JVrw's says: Some interesting comparisons might be made between the circumstances surrounding thi meeting and those of a very similar meeting of the same board about two yeara ago. Then the law was new and untried, and ita enemies bold and strong. Some of the Btronrest publishing firms in the country openly and repeatedly declared that the books could not possibly be eupplied for the prices fixed ia the law, one ot them even going so far as to file a written statement to that effect with the board. Now two years have passed and the board is choosing among bids to fill out the series. The enemies of the law are not heard at all, and the board has ten bidders to select from. Nothing more is beard of the prices being too low. There is indeed a striking contrast between the school book situation in Indiana two years ago and at the present time. Then the people were paying more than double the prices they are paying now for readers, geographies, arithmetics, .etc. The people had long been at the mercy of the great school book monopoly, and the leading publishers declared that books could not be furnished at the prices fixed by the new law. They declined to bid,

prevented other publishing houses from bidding, and left no stono unturned to insure a fulfillment of their prediction that tho law would prove a failure. Sir or eight Indiana gentlemen of capital and enterprise, however, came to the front, organized a publishing company, secured copyrights on text-books, put in their bids and were awarded a contract. The contract has been faithfully carried out, School books which are now universally admitted to be fully equal in every respect to those displaced have been supplied to the county superintendents on requisitions and have been sold, through the trustees, to the school children. By virtue of its perfect organization and its perfect system the Indiana company has made the law a success. Hundreds of thousands of dollars have been caved the people during the two years, and the law has given universal satisfaction. The last legislature supplemented it with another law, designed to extend the svstem and to give the people additional school books at honest prices. The supplemental law passed with scarcely a dissenting vote. The triumph of the school book law is a triumph of Indiana brains, Indiana enterprise, Indiana pluck and Indiana capital. The law was the first one of the kind adopted in any state. Similar laws are now on the statute books of a number of states. The board of school book commissioners finds competition lively for the additional contracts, and among the works tendered are a number proposed by Indiana authors and educators of distinction. Two years ago the law was denounced as impracticable, cumbersome and expensive. It has been demonstrated to be entirely practicable, simple and economical. The board was condemned two years aeo for doing its plain duty under the law. It was criticised for awarding contracts to Indiana bidders of entire responsibility, but today no voice is lifted against the board whose action in 1889 haa been fully vindicated by the results. Indiana has shown that she is abundantly able to supply her own school books, as good aa the best, and at less than half tho cost to the people of the books formerly purchased Loin outside publishers. The gentlemen whose timely enterprise saved the school book law from failure are entitled to the thanks of the people of Indiana and to the recognition which business skill and pubiio spirit should always command. IUpnblican Misgovern men t In Pennsylvania. Probably the most corrupt "politics" on the face of the earth ia to be found in those great republican strongholda the state of Pennsylvania and its great metropolis, the city of Philadelphia. For the past quarter of a century indeed, ever since the republican party became dominant in the Keystone state Harrisburg has b;en a veritable cesspool of political rottenness, while the city government of Philadelphia has been a marvel of inefficiency and corruption. The most shameless rings of public plunderers ever organized in this country have rioted in profligacy, and the people's money has been squandered with a recklessness never equaled in this country, save, perhaps, in the South during the republican carpetbae regime. The Camkkons, and Quay, and Kemble, and "Leeds" (whom President Harrirox recently appointed U. S. marshal), and Delamater, and a lot of other conscienceless politicians, have manipulated the state finances in the interest of all sorts of disreputable schemes; have piled up millions of the state money in banks owned or controlled by them or by their friends, and put the interest in their pockets; have taken vast sums out of the state treasury and employed it in speculations in Wall-at. and on the Chicago board of trade; have put numberless jobs through the legislature at Harrisburg, which have cost the people of Pennsylvania millions of money, and, ia a word, have played fast and loose with the public funds in a manner which no other civilized commonwealth on the globe would have tolerated. Besides theee stealings and frauds there have Icn outright thefts of great sums from time to time, and Jarge amounts of public money have been repeatedly lost by the failure of the rotten banks in which they were deposited. Philadelphia has been, in the meantime, the worst governed city in the country. New York and Chicago, Cincinnati and New Orleans, have been misgoverned and plundered most grievously, but the management of their municipal affairs has been purity itself as compared with that of the municipal affairs of Philadelphia, The Philadelpluans have been robbed outrageously by the republican bosses year after year. The municipal revenues, swelled by exorbitant taxation, have been squandered in projects of jobbery. Many of the city's fiduciary officers have turned out embezzlers and defaulters. Fraud haa held high carnival in every branch of the municipal government. At the recent state election in Pennsylvania the republican candidate for governor was one Del a mater, whose bank at Meadville had for years been the depository of a large share of the state's funds. Delamater had served several terms in the state senate, and in that body had championed every rotten job that was proposed. Conclusive evidence of his corruption was laid before the people of the state, but the Quay ring forced his nomination for governor and made a desperate effort to elect him. In fact, the preparations were made to count him in in Philadelphia, but the majority against him was too large to be overcome in thia way. The plot to stuff the ballot-boxes was discovered before election day, thuough not in time to prevent it from being partly carried out. But the public verdict was too emphatic to be overset by such measures. Pattison was elected governor, and within - a few days Delamater' s bank at Meadville closed its doors, A large amount of state money was swallowed up in the wreck, and many individuals were ruined by the failure. It transpired that the bank had been managed in utter defiance, not only of sound principles of banking; but in violation both of the laws of honor and the criminal statutes of the state. Delamater is now under indictment for felony. There is no reason to doubt that Quay and the other members of the Harrisburg ring knew the condition of the bank and the state of Del a mater's personal finances when they forced his nomination for governor, and that ther

counted upon his election, with the prestige that it would give him and the

opportunity to control the state funds, to lave him from bankruptcy and themselves and their friends from losa and exposure. His defeat precipitated the failure of his bank and the revelation which startled the people of Pennsylvania, accustomed as they are to such disclosures. Philadelphia is now In a turmoil over the discovery that the city treasury haa been gutted. The treasurer, John Bardsley, a republican, of course, is under arrest for embezzlement. About $930,000 of itate money, which was in his hands, has disappeared. About $400,000 of city funds is gone. He says be had the money on deposit in the Keystone bank, which recently collapsed with very heavy liabilities and comparatively small assets. The records of the bank show no such deposits. The president of the bank, Gideon W. Marsh, has taken flight, and the affairs of the institution are in a chaotio condition. The fact seems to be that Treasurer Babdsley deliberately turned over to President Marsh the missing million or so of state money to enable the latter and his friends to continue their, wild career of speculation. The whole thing is disgraceful, astounding, appalling. The Philadelphia Times, commenting upon tho Bardsley explosion, says : The city has been literally robbed of hundreds of thousands of dollars and thia robbery is no accident It is the logical result of the corrupt, demoralizing political system that rules Philadelphia and that accepts all public offices as mere instruments of party or jersonal plunder. The city has been robbed of from a quarter to half a million; the state has been robbed of from half a million to a million; the mercantile taxes which should give the etabj a revenue of from $300,000 to $400,00 , annually from this city alone, are the maro prey of banded thieves, and debauchery and lawlessness pervade our ruling political system. Now, halt! The people demand it and they will be obeyed. An edifying spectacle, indeed, do the banner republican state of Pennsylvania and the banner republican city of Philadelphia present at thia moment! A high price, surely, are the people of that state and that city paying for their toleration of Cameron and Qitay and Delamater and Kemble and Leeds and . the rest of the scurvy republican gaog whioh has eo long dominated their politics. For years every protest against the methods and practices of these fellows haa been met with a loud chorus ia celebration of the beauties of protection to American industry. At last the inevitable denouement haa come in a cyclone of financial disaster, of shame and of ruin. Corporations and the New Tax Law. It seems to us eoffkiect answer to the Journal's repeated assertions that the legislature at its late eession favored the corporations by reducing their taxea to simply quote from the annual reports of tho late republican auditor of state and attorney-general to show that the statements of that paper are false. The annual report of Auditor Carr for 18S7 gives the amount of taxes collected from foreign corporations other than insurance companies for' that year as follows: Adama express company.- $335 29 Telephone company 5 62 $371 91 1SS8. Adama expre.se company .. $2!3 25 302 03 Telephone company......... Telegraph 18S9. V Adama express company... Telephone company 1.0U 9t $1,610 34 $T.2S 03 320 94 Telegraph 1,14 52 $1.S31 49 Several of the corporations having failed to make reports and pay taxes, the matter was in 16S3 called to the attention of the state board of equalization, who ascertained from the attorney-general that the reason for this non-payment of taxes by several corporationa was that they had been advised by eminent counsel that the law of 18S1 was unconstitutional in that it taxed interstate commerce. The attorneygeneral was rather of the same opinion and advised the enactment of a new tax law applicable to foreign corporations. The legislature of 1889 instead of enacting a new tax law amended the law of 1881 by taxing the express companies on business done wholly within the state. Thia being an amendment to a law admitted to be unconstitutional, it was held that an amendment to said law was equally void. The attorney-general in 1S90, upon the theory that the laws of 1SS1 and 1889 were of no effect and that there was no chance of collecting any taxes under them, made a proposition to the express companies to pay a tax of 1 per cent.,' and it was accepted. This compromise brought to the state $6,184.66, which, it is claimed, could never have been collected at law, in detail as follows: Western Union telegraph company...! 2,157 05 American express company 1,148 46 Adama expreae company 1,49 26 United States express company......... 629 50 Cumberland telephone company 133 65 City aad suburban telephone compauy 10 K) Chicago telephone company 2 40 Ureeusburg telephone company......... 28 92 Woodruff sleeping-car company 459 6." Pullman sleeping-car Company 125 07 Total ..$ 6,184 66 Attorney-general Michenir, in hia report to the governor for 1890, said : The office has also collected from express, telegraph, telephone and sleepingcar corporations, on account of taxea due under certain acts of the general assembly passed in 1889, the sum of $0,328.69, making a total of corporato taxes collected by this office of $40,531.17. The collections made from the corporations last mentioned may be regarded as clear gain for the state, for it is little lees than certain that all of the corporate taxation acta of 1889 are unconstitutional. I am of thia opinion because three of those acta originated in the senate and not in the house; they all purport to be amendments of void acts, and some ot them are open to the objection that it is not clear that it is the domestic privilege, and. not the interstate commerce, which is taxed. AVith reference to the express companies it is proper to aay that eminent counsel advised them that the law taxing them was unconstitutional They professed a willingnefs, nevertheless, to pay a reasonable amount, but claimed that a tax of 2 per cent, on their gross receipts required them to maintain a disproportionate burden as compared with other corporationa whose operating expenses were much less. On investigation-' I ascertained that 50 or 60 per cent, of express earnings are paid to railroad companies, and, beinpimpre6sed with the justice . of the view advanced, and being desirous of realizing 6omethinfor the state's claim, -.. I. ofTered, with the consent of your excellency, to compromise the demand for 1 per cent, of the gross receiDta. and to make a recommendation

that a new bill be passed which should, so tar as possible, place euch corporations on an equality with othr corporations. I make the recommendation suggested abeve, believing that express companies are now taxe d more than other corporations. c The legislature, at its late session, in part adopted the suggestions of the attorney-general. It did reduce the tax from 2 per cent, to 1 per cent, bat while the law of 1S89 provides that the tax shall be on business wholly within the state, that is, originating and terminating within the state, the law of 1S01, provides that the report shall show the gross receipts of each agent of such company, which means businers coming into and going out of tho state.which the act of lSSOdidcot require. Under this law the corporations will pay a great deal more money into the state treasury than ever before, and any statement that the purpose or effect of this bill is to reduce the burdens of the corporations is utterly false. An Illustration of McKinleyism. Maj. McKinley, in sorue of his recent epeeches, laid particular stress upon the provision of tho McKinley law which allows manufacturers a drawback of 99 per cent, of the duties paid by them upon imported materials used in articles made for the export trade. Aa we have repeatedly pointed out, thia provision, in so far as it amounts to anything, is an unjust discrimination in favor of foreign consumers of American goods aa against home consumers. But, in a great majority of instances, manufacturers are unable to avail themselves of it because of the practical impossibility of identifying the imported materials used by them in the fabrication of articles for export A striking illustration of this fact is afforded by the recent experience of the American screw company. This ia an old and wealthy corporation, which has for many years practically controlled the screw business of the country. It owns the patents controlling the construction of automatic screw-making machinery similar patents to those which Joseph Chamberlain controls in England, and by virtue of which he monopolizes the screw trade of that country. Chamberlaix has had an advantage over the American company In the matter of the cost of raw materials. The latter, although liberally "protected" by the tariff, has only been able (so it is said) to keep Chamberlain out of the American market by paying him a handsome bonus. The American screw company, in order to capture some foreign trade, has recently determined to remove a part of ita plant to Leeds, England, and contemplates the establishment of a factory in Germany. President Angell of the screw company says the principal reason for these foreign ventures is the utter worthlessnesa of the drawback clause of the McKinley bill. In order to take advantage of the drawback on goods made of imported raw materials on which duty Las been paid, the manufacturer must make a sworn declaration, stating the grade or quality of material iron in this instance and the name of the steamer in which the material was imported, together with the date of importation. The signature of the captain or mate of the veesel in which the goods are exported and the foreign consignee also are necessary before the documents can be taken to Washington and put in the course of passage through the proper channel. "In our case," said Mr. Angell, "all thia ia practically impossible, because we use imported raw material from different foreign countries, and to keep track of all the different kinds, with the dates and places, would involve endless work and trouble. All the goods the company will make abroad and all now made in Canada could be made in Rhode Island better and cheaper if it were not for the fiscal policy of the government. Wage3 are higher here than in England, but under the American system each mechanic does more work." The assistant superintendent of the company is now upon the ocean with plans for the Leeds establishment, which will be built at once. The factory buildings will cover an acre and a half of ground, and will be operated on the American system, with men sent out from Providence aa heada of departments and English factory help. Most of the screw-cutting machinery in the Providence mills of the company has been idle for weeks, the mills making wire nails, coach screws and the rougher class of work. The cutting machinery from thia mill will be sent to Leeds and the English mill will have a capacity of about seven thousand five hundred gross of screws per day. Here we have an important industry driven from thia country by the very law which, it was promised, would build up American industries. It is, indeed, a striking illustration of the practical workings of McKinleyism. Accordino to the Journal, Mr. A, R Whitney of New York, "the head of a firm representing the leading iron industries in Pennsylvania," says that "there is nothing we deal in, the tariff on which was advanced by the McKinley bill, but what is lower today than it was before." If that is true the McKinley bill must be considered a rank failure by Mr. Whitney and his business associates in so far as it affects their interests. Certainly no Bane person will believe that these gentlemen spent their time and money as they doubtless did to secure the passage of a law to reduce the prices of what they have to sell. "We are inclined to think that Mr. Whitney is only trying to have a little fun with himself. ET CETERA.

The legislature of Wisconsin scooped in 75,000 passes from the railroads during its recent session. King Charles of Portugal, though under thirty years of age, has grown so heavy that he can hardly move about. Bishop-elect Thomas F. Gaylor of the episcopal diocese of Georgia ia thirty-five years of age and a native of Memphis. Mary Anderson Navarro saya: "I have not the slightest intention of ever acting again. I have retired forever." Mr3. Evk Cross of Adams county, O.. is .105 years old, and able to walk once a week to the country store, two miles away. Colte.s Lewenhaipt, ex-Secretary Bayard's widowed daughter, is residing in the Wilmington heme provided for her prior vo her marriage. She Inherits $75,000 presented to her husband by her lather.

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THE TRICK DIDST WORK. A LITTLE SCHOOL BOOK SENSATION. How m Publlihtr Tried to Work In a "RlBgat" aad Wm Knocked Oat bj tha Stata Board of School Doak Commlaaloaera. There were some Interesting developmntj Frirlav in tha romnetition. for i the state school book contract The stata board had advertised, under the provisions of the law, for bida on an elementary and an advanced grammar. D. C. Heath & Co. of Boston publish a book entitled "Practical Lessons in the Use of English" which they furnish, under contract, in West Virginia, at prices variously stated at from 43 to GO cents, with an additional stipulation, as alleged, that the book shall not be sold in any other state at a lower figure. ' D. C. Heath & Co. responded to the advertisement of the Indiana board for bids on grammars by tendering this book at the maximum price fixed by law, namely, 40 cents. In order to meet the requirement of the law and the advertisement for a grammar, and to eva-te their agreement with the West Virginia people, they put a new cover on this book bearing the title "Hyde's Practical Grammar and Composition," and gent a sample copy to the Indiana board, offering to furnish the book at 40 centa. The title page in the front of the book was not changed, and still reads, "Practical Lessons in the Use of English." The members of the state board, being aware that D. C. Heath & Co. owned the copyrights of these books two years ago, but refused to ofTer them at that time, and perceiving that a piece of sharp practice was being attempted, propounded these quebtions to the attorney-general: 1. In construing the bid of D. C Heath fc Co., he-eith submitted, mar we legally interpret the tilth line of aaid bid, which reads as followa: "Hyde I'racticat Grammar and Composition, book 2, 40 cents," to mean Hyde's book 2 herewith submitted, marked by the commission sample "D" (see inside first cover), the came having been submitted with said bid as one of the sample books? 2. In tle supplemental part of said bid ia the sample copy of book 2 of the Hyde series sufficiently denned for the purpose of adoption of said book, the specimen copies placed before ua being accompanied by the following statement: "We further offer Hyde book 1 and nyde book 2, in cloth, equal in binding, etc., ia eerjr reapect to book 1, as submitted, for the i i of 65 cents for the series." Attorney-General Smith yesterday gave the loardthe following opinion, which of course effectually disposed of the bid of D. C. Heath fc Co. on grammars: It will be useful in this connection to examine certain pre visions of the law and requirements of the circular teat out by your board. Sec. 1 of the act of 18S9 contains the follow, ing provision: "And provided further that the foregoing books shall be at Iest equal in size and quality a to matter, material, style of binding and meobanical execution to the following textbooks now in general use: the grammar to Harvey's trammar, etc." Ia sec 2, clause 1, I find the following requirement with reference to books received from the publishers of text books, which is one of the conditions upon which proposals must be submitted, namely: "Stating soeci&ca'.ly in such bid the price at which each book will be furnished and accompanying eush bid with specimen copies of each and all books proposed to be furnished in scch bid." See. 3 requires that the board shall tarnish school books to the people cf this state "at the lowest price, taking into consideration the size and quality ai to matter, material, sty e and binding and mechanical execution ot such books." The same section directs that all sealed proposals shall be opened "pursuant to the notice provided for in sec. 2 of this net." Ia sec 13 of the act of lSyl, pajje 14 of the fupplemectid copy, it is made the duty of those supplying books to the state "to print in large letters upon the outside of the first cover r.f each book which is furnished and supplied by him or them, and upon the outside of the back aover, the priea at whioh such book ia farnif bed to be sold to pupils." At the bottom of pae '2 of the circular of information I find tha following provision: "Forms of proposals, contracts and bonds that have been prescribed are included herein, "o other forms will be accepted and no variations therefrom will be considered." . The contract itself, referring to the books to be furnished, requires that "said books to be of the size (both as to form and number of pages) and quality, as to matter, material, style of binding and mechanical exeontion, a the specimen copies of aaid books deposited herewith." From the foregoing quotation it is apparent (1) that the law contemplates and definitely fixes a standard for the government ot tba board in the selection of each separate text book to be used in our oommon schools: (2) that text books shall be bid on and contracted for, not as a series, but for each separate text book; (3) that each text book s'.aii bare tha title thereof printed Im larga letters on the outside of the first cover, whieh shall be the name bid on and under which the same shall be adopted, and that upon the outside of the back cover, the price at whieh said book is furnished to be sold to pupils, shall be stamped in plain letters; (4) that tla forms of bids, eontrr.cta, etc, must be in conformity to the circular sent out by the board, and that no other forms will be accepted, and bo variations therefrom will be considered; (5) that the parent of the children of the state shall be furnished with eebool books at the lowest price consistent with the considerations required by the law. It is scareely necessary forme to say that most vigilant cart should be exercised ia carry

iarowder;

40 Years the Standard bw dealt airrrt with ranaomrns No. 3. t fl prices. n-t fAn w aaUr'i proja. , ' Jf U uajw nrrr. who pnrueca oi Xo.S3 S!I0 am na aell at SIM. witli duh-k I Aiaa'INo.l W. B. PRATT, Secretin, ELKHART, IKO. ing out the provisions of this law so as to give full force to the intent of the law-maker, and to enable the pare nta of achool childran of tha state to avail themselves of all the advantages. is the duty of the board to guard and protect the important interests. The law places stress upon tna mechanical executioa of text books, as well as upon the merits thereof, for the evident purpose of providing children witk books whieh are not only gord in matter bntso substantially put together as to be of lasting service to them and thereby avoid the necessity of buying a new book every few weeks or months. The reqaireraant that the priea shall be stamped upon the cover is a legal precaution to prevent dishonest officers or dealers from imposing upon unsuspecting purchasers. These conditions were deemed to be of sufficient importance that the general assembly f ave expression to them iu clear terms in the aw itieif, and it is the doty of the board to aa that they are faithfully executed. The text took in controversy is a grammar. The standard ia Harvey's grammar. In making a contract for such work each specimen should be earef ally compared with the standard and it must be at least equal to that book before it should be considered; and the law haa specified aa to the particulars to be considered. It must be equal in sire and quality as to matter. Not only this, brt the style of binding and mechanical execution shall be aa good as the standard fixed by the law. If the standard be a leather-bound work, a board or clothbound book can not lawfully be considered ia competition. If the standard be a clothbound, leather baek book, a board-bound copy can oot be contracted for. Eioh sample laid side by side with the standard must in all thet particulars be at least equal before the board can even conaider ita adoption. Indeed, if matter is the only thing to be looked to, then a textbook maybe introduced into our publie schools bound ia paper or in any manner howsoever Himay. The sample copy cf the text book must conform to the bid. Your board has no other means of self-protection. Otherwise a bid may be submitted for an inferior work and the contract awarded on a superior sample. If the publisher in the future shall fail to furnish books equal ia standard to the sample and a protest should arise, he would immediately refer to his bid aa au evidence that th contraot vat based not upon the sample, bat upon the bid filed. We have here a bid on "nyde'e Practical Grammar aad Composition, Book 2 40cents." Filed with this is a book designated on the first outside cover in large letters as "Hyde's Practical Grammar and Composition. Book 2." The bid and the sample conform. 'ow if the sample is "at least equal" to the standard in all particulars, that book may be aocepted and a contract made therefor. But you ask whether a book designated on the first outside cover as practical Lessons ia the Use of English" (which same designation is csed on the title leaf on th inside), filed at the same time as the bid, can be construed as a sample book filed under such bid? It is needless to say that the title of the last book referred to dos not conform to the title of th book deaignated in the bid. Whatever may be the relative character of the matter inside of the cover of the books, th titles are dillereat. The law says "the name of the adopted book ahall be printed in large letters on the outside of tbe first cover." Thia is a convenient and proper requirement. It would be exceedingly dangerous to let a contract for "Practical .Lessons in the Use of Knglish" on a bid which called for "Hyde's Practical Grammar and Composition." Ther is no similarity between these titles. It is not evident to me why publishers should present to the public th same matter undei two distinot and different titles. It is doubt lesa iutended to enable the publisher to treat the same work as two dinerent works in different states, but probably for the purpose of fitting two ditlerent laws as to price, but thia version, if contested, could not stand. Th first question would be answered in the oegv tive. That whieh you designate as a supplemental bid, is submitted, not upon text books severally, but upon a series of bocks. This the law does not permit. The bid most etate specifically the price at which each book will be furnished. Otherwise a school officer in purchasing suppliea would be compelled to buy, not by th text books, but buy tbe series of text books. This tbe law forbids. Further, if the circular and the rules there laid down by the board are to be observed at all, bida are not to be accepted by fragments; by slips, but they must be submitted on the forms prescribed, and no other forma will be accepted, and no variations therefrom will be considered. A sample of a book, I take it, can not be submitted by reference. The bid before me proposes to submit a sample of Hyde's book 2, (which is in board binding!, which shall be in c'oth equal ia binding, etc., in every respect to book 1, which i submitted. This is not submitting ssmple copies as the law contemplates. The thing itself should be betore the board to enrble them to compare it carefully with the standard and to examine it as to material, mattor, bind ng and mechanical execution for themselves. It would seem under a fair construction of the law, that tbe only samples legally before me under the bid of D. C. Heath A Co., are book 1, br in pie A" and bock 2. earn pie "C" I cr.Q see no reason why under th very plain terms of the law, and the care with which the board haa published and famished forms to the several publishers and compilers of the country, that there should be such a wide deviation cf its plain requirements set forth as appears in the document before me. The second question must also be answered in the negative. The trick resorted to by the eastern firm above mentioned was characteristic of the school book trade, but the tricksters selected the wrong gentlemen for the experimeift. The Indiana ptate board is compopod of men of too much intelligence, experience and rectitude to be imposed upon by an v euch legerdemain or to tolerate it. The bid of D. C. Heath & Co. waa, of coarse, dismissed from consideration by the board upon receipt of the attorneygeneraa opinion. The board was in executive session yesterday afternoon about two hours during which the opinion of the attorney reneral was received. At 7 :3'J in the evening tbe board reconvened and held another executive session, but the members declined to say what, if any, conclusions they had reached. This morning at 9:30 the board will meet in open session when it is probable that the final awards of contracts for the primary and advanced grammar wil be made.

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