The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1889-12-11
SCI. DOL BOOK LAW HOLDS
JUDGE FRAZER SAYS 1T is GOOD.
There Is Not An Unconstitutional Point
In II and Ii Must BE Obeyed-No Conn
fort For the school Book Trust
The Decision in Full.


proclaiming editorially and in head lines
that Judge Frazer of Kosciusko county,
arepublican and an esteemed ex-member
OF the state supreme court, had declared
the new school-bOok law imperative and
invalid. With its accustomed effrontery
the Van Antwerp-JOurnal Bragg company
(co-operative and proft-sharing un-
limited) has boldly and badly lied-in its
editorial columns and headlines. 1t has
also been injudicious, for with its edito-
rials and headlines it has printed Judge
Frazer's decision, which clearly and une-
quivOcaily uphOlds the school-book law.
That the public may know the depth and
breadth and length of the book trusts lying
The SENTINEL herewith prints Judge Fra
zers decision in full. II the Van Ant
werp-Jourllat Bragg company cooperative
and profit-sharing unlimited can get any
comfort out of it, it is welcome. Judge
Frazer saws:
"This is an application originally by the
relator Smoke for writ of mandate against
Blue. trustee OF the school township of
Seward, to compel the trustee to make re-
QUESTION upon the county school superin-
tendent for certain school-books The af-
idavit in support of the application shows
that the relator Smoke is a patron of one
of the public schools OF the township, and
head of a family citizen, taxpayer and
voter. resident therein, having child in
attendance as a pupil in one OF the schools
thereof; that be has made demand upon
ha frne affar 10
some OF the books selected by the
state board of education under the
act of 1889 (acts 1889, p. "a, with
n view to the use of such books by
his child in the public school; that the
trustee refused to supply the books, did not
have them, and declared that he would not
take any measures to procure or supply
them, and that he fails and refuses to make
the necessary certificate to the county
superintendent, as the act requires; and,
for that reason, the latter has made no re-
QUESTION upon the state superintendent
Tor any OF such books for the people OF the
township. 1t is also shown, inter ala, by
the alhdavit, that the state board OF edu-
cation has duly contracted with the Indi-
ana schoOl-bOOk company for said books,
and that the governor has issued his proc
lamatlOn as the act provides, etc.
The Indiana schOOl-bOOk company
has, upon its petition, without objection,
been admitted as a relatOr, and has there
upon filed its complaint for mandate
against the defendant TO compel him to
make the necessary requisition for the
boOks-setting forth its contract with the
state to furnish the schoOl-books and all
the preliminaries thereto required by the
act, the fact of the governors proclama-
ton, and its present readiness, after large
nXnanEQ IN ffrrr TGh no
boOks-the refusal of the defendant to
make requisitiOn therefor, the demand of
Smoke, etc.
"The return OF the alternative writ ad-
mits the facts to be set forth above, and al
leges several grounds for the defendants
refusal to act. The suficiency of this re-
turn is challenged by the separate demur-
rers OF the relators.
Il. The validity of the act OF 1889 and
the contract made under its authority are
questioned upon the ground o. that they
impose without compensation duty upon
the trustee, which is wholly for the bene-
ut OF the contractor; % that the act is
against public policy, as it establishes a
monopoly, and (3) that it is unconstitu-
tional generally. In the absence OF re-
strictions to be found in the constitution
OF the United States and OF this state, the
legislature OF Indiana is untrammeled in
declaring what shall be our public policy.
In restricted sense, so far as the courts
recognize ii, public policy is only law
and the legislature may certainly change
this as well as any other law.
'As to the suggestion of establishing a
monopoly: Sometimes, and on some occa-
sions, this word monopoly is regarded as
potent argument. But the courts must not
lose their equilibrium on account of the
employment of epithets, or the misuse of
terms. By the act of the legislature this
contract was open TO all the world, upon
the wide invitation which the most extens-
i've public notice of the letting could give.
The lowest bidders obtained it. This
method of letting public contracts for
buildings and other things required by the
public service has been a poicv always
approved and REQUIRED by the legislation
and practice OF the nation of this state,
perhaps of al the states, as we'll as by
private. pa sons and corporations, time out
tAoinG. = invites the fullest possible
competition and is absolutely free
from any odious feature of a mo-
nopOly. By this method every
public building in the state-the state
house, this and all other court-houses, our
prisons and costly benevolent institutions.
and many, if not most, OF our school build |
ings have been erected and the material
for them furnished. BY this means the
state contracts, from time to time, for its |
large service Of public printing, its blanks |
and Its stationery. In every such case ths. |
successful bidder obtains, much more than |
in the case under consideration. the |
exclusive right to perform the service, or |
furnish the thing covered by the contract. |
Free and full competition comes before the |
contract is entered into, as it should; but |
not afterward, for that would be absurd. |
Unless something can be found in the con-
stitutiOn, either expressed or fairly i'm |
Piled, against this practice, a court should |
not and cannot interfere 10 put stop to |
it. Nothing Of the kind has been referred |
to in the argument, nor have found any |
such thing.
''The defendant is public officer, and /
it has always been held in this state that /
such officers hold their places subject to /
whatever burdens for the public benefit /
the legislature may, in its discretion, inn |
pose upon them, even without compensa-
ton. But in this case it seems to me that 1
compensation is provided. For whatever /
service is required Of the trustee, he is en-
titled to receive a sum per day which is 1
fixed by law. Our public schools are state /
institutions, required by the constitution 1
TO be established and maintained. To their 1
usefulness and efficiency, books as well as
teachers, are deemed essential. Is the /
Z