Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-10-05
THE BOOK SALE FIGHT
Judge Minor Hears Argument and Will
Decide The Case Monday.
Mn. P0IxDENTE0s STATEMENT.
lie Makes Full Explanation OF Ills
Action In the Matter and the Mo-
lives Tint Prompted Him to File
thc Protest.


the case Of Charles Poindcxter and others,
asking that the Secretary OF the Common
wealth be enjoincd from delivering any
more Of the old documents sold to j. G.
Smith. and that the latter be restrained
from further receiving these books.
Mcssrs W J.. Royal and s. ID. Davies
represented the compliments. in strong
arguments setting forth what they re-
gardcd as the grounds upon which the
Injunction should be granted. They went
on to state that the books formed II
fundamental part of the library. and that
the Commonwealth OF Virginia could not
afford 10 do away with them NJ the RI
dculOus price OF 65 cents per 100 pounds.
They contended that the books being
the property of the Commonwealth. could
be disposed OF leGitimately only by the
Legislature.
Mr.. II. Carter Scott. the assistant of
the Attorney General, appeared for that
official. in opposition TO the petition lie
outlined the history OF the controversy.
explaining how the books were ordered
20 be disposed Of
In order TO prove that II had IN the
past been the custom and practice of the
Library Committee 10 order the sale OF
books OF the same character AZ those dis
posed Of 20 Mr. Smith afiidavits were
produced by Mr.. LawIess. showing that
Mr. POindexter. while acting as state Ii
brarian. made a similar sale. on May H.
1883. 10 the Richmond Paper Company.
receiving only 80 cents per hundred pounds
for the volumes Mr.. Lawiess also claim
ed that Mr.; Poindexter. acting as IL
bTarian. sold through George W. Mayo
auci.oneer. volumes Of the Acts OF AS
scmbly. The Secretary mentioned Incl
dentally that ne had met Mr. smith this
morning. and that the junk-dealer offered
70 sell the lot Of books 20 any one who
would take them. At 500.
After counsel had concluded the argu-
ment Judge Minor stated that he would
reserve his decision in the matter until
Monday morning at 10 O'Clock, as he de-
sired TO look up authorities on the ques-
ton. Meanwhile. the temporary injunction
stands
Among those who are on the side of the
complaints in this case are Mr.. Philip
\. Bruce corresponding secretary Of the
Virginia Historical Society: Mr. Robert
A Brock. and Professor Charles H. Ry-
land. Of Richmond College,
Is before stated this sale OF books was
ordered by the Library Committee OF the
Legislature.
MIR. Foindextcr Makes II Statement.
The following, sent TO this office last
night. explains itself:
To the Editor of the Dispatch:
In view of the interest excited in the
matter. il is due to the public as well
as TO myself that l make statement
IL relation 10 the attempted sale Of books
from the State Library II may be
proper at the outset to state that my
interest in and knowledge Of the books
In question are founded ON an experience
of ten years a. acting State Librarian.
and Of lifelong acquaintance with ana
use of the Library
The papers IF last Saturday announced
the sal" mace the day before. with
brief general description of the books
sold. This descfiI tion made me suspect
that the lot soli iu bulk by weight might
contain many books of great value. and
some 81 them OF exceeding rarity.
visit 10 thu basement of the Capitol and
inspection Of the books satisfied me at
once that The great mass. estimated at
twenty tons. embraced the contents of
the second gallery Of the old Library
LETTER TO THE GOVERNOR.
] at once wrote and dc.Vered in per
son The following letter 10 tho Governor;
Il respectfully call your attention 10
the matter Of the sale Of public dOcu-
ments etc, made yesterday by the state
Library. the contamination of which will.
sub.a T. bee permanent and damaging
loss 10 the state. An inspection OF the
mass of books which were sold 10y weight
shows that among them are the official
documents OF the United States and
State governments. congressional and
legislature journals and reports. the pre-
sfrfatlou of which Is one Of the chief
reasons for the maintenance OF a State
Library. These books and documents
contain essential matter for investigation
ot historical subjects. and are indispcns-
able for students Of those subjects v no
want original authorities. Among the
volumes casually found In the lot are
orSinal manuscripts and printed records
Of headquarters, First Military District.
Virginia. General Orders, Appointments
etc.
The documents or which are based
claims pending 10y the State against the
General Government are probably To he
found In some of these volumes. many Of
which viii be very difficult to replace.
1t Is very true that the books are Of "a
class but little used, and not often re-
ferIcd To. but they contain the original
materials for the history of State and
country. and as such are indispensable
for the research and compiling of that
history.
In making the suggestion that you in
tcrfere 10 prevent the contamination of
the sale. ! am prompted by my interest
as "a citizen OF the State ana a student
VINO knows the value. and has made
profitable use ~ the Library. / make no
captious criticism of the Secretary of the
Commonwealth, under whose order the
sale was made but | respectfully submit
that the sale Is an error of judgment
that will deprive the Library Of one OF
It's most valuable collections.
u take this earliest opportunity 10 bring
tins matter 10 your attention before the
buyer may be informed Of the value Of
his bargain Should be be advised OF
practicable 10 interfere, II may require
large expenditure of trouble and money"
LEFT \ FORMAL PROTEST
on reading this letter he Governor re-
marked that the matter belonged to the
office OF the Secre'avy of The Common
wealth. and endorsing on ii his reference
. mat 'tncer. he requested me to hand
II 10 him. Not finding Mr I.awless at
home. ] Iett the letter at his house. with
note. king If he would entertain a
proposal Tor IN upset BID The object and
pr lose OF this PROPOSAL was TO suggest q
modt. u Possible or practicable. TO save
a. / In nd VOID no
scandal VI the sacrifice Of one of the
states most valuable possessions
An interview wi;h Mr.. Lawless Monday
morning confirmed the impression that
the books were the contents of the second
gallery OF the library the character ana
value Of which were well known 20 me. AS
no relief was practicable from the Sec
rotary Of the Commonwealth. | thereupon,
that afternoon, left at the Governors
house the following protest
I'm reference To subject matter Of my
note 10 you Of the 2Sth instant | respect
fully enter my protest against consum
nation OF the sale and delivery OF the
books from the state Library. Further in
formation gained to-day from the Secre-
taTy OF the Common wealth as TO the CON
tents OF the lot, aid from inspection OF
the pile OF hooks, confirms the impression
mat the loss. when the library has not
and IN many items an almost irreparable
damage 20 the library and the State"
SILL ANOTHER PROTEST.
ON the next day had another interview
with the Governor on the subject and
IN the mean while sought the advice and
counsel q gentlemen who know and APP
Ircciatc the value Cf the library As the
result Of thcse conferences, sne following
note and renewal of protest was mailed
r 60 the Governor.
I'm reference 20 The subject of our
conversation Yesterday about the sale of
books from the Stale Library. | am in
formed by the auCtiOneer Mr. q; " MaXo.
mere nf