The news & observer., 1897-07-20
THE BOOK INJUNCTION CASE.
Argument Continued in Case of Smith
VS.. Secretary of State.

Argument Continued in Case of Smith
VS.. Secretary of State.
Judge Robinson sitting in Chambers at
the office of w. II. Day heard last even
| ing additional argument in the now IA
nous injunction case of NJ. NJ. Smith
against the Secretary of State.
Mr.. J. n. Holden, counsel for the
plaintiff, made a lengthy argument and
read the statute law and judicial deci-
sons to show that in the appointment
by the Secretary of State of A. Williams
& Co. as agents to perform duties re-
quired of him by the statute he was
transcending his authority "He could
not" declared Mr.. Holden, employ
other agencies than the law allowed or
other clerical aid to perform his duties
at the expense of the State, and any con-
tract he had made of this character was
void Nor could he enter into any agree
ment expressed or implied, which gave
to A. Williams & Co any special privi-
eges over any other licensed bOOksell-
ers in the State without creating a mo-
nopoly, which was clearly in violation of
the constitution"
He declared that if by any arrange
ment and for any service rendered by A.
Williams & Co. for the Secretary of
State the said A. Williams & Co. were
to receive at the expense of the State
any compensation other than was al
lowed to any other licensed bookseller
over and above the ) per cent allowed
by the Code, was Il clear violation of the
law and amounted to the farming out by
the Secretary of State of duty that the
law required of him, and him alone, at a
definite compensation
Mr.. Holden was followed by Judge
BOykin for the defendant.
Judge Boykin argued that Williams &
Co. are agents of tie State and acting
for the State under the contract with the
Secretary of State. The Secretary is al
lowed the 8 per cent which is not more
than the law allows. The true contention
is that under the law the Secretary is
vested with the power to sell the books
at such discount as he may think proper
he State means that the Secretary may
sell at 81 or less to booksellers
The State lis the author of the Supreme
Court Reports, it pays for printing them
and owns and controls them. A monopoly
rs the sole authority granted to a few;
something there was before of common
right. No man or class of men had the
right to sell the State reports. The State
owned them and no one else had the right
to SELL and the sale of them was not of
common right. He cited case from the
Supreme court of the United States; al
so Tennessee and other reports. 1t is not
monopoly, because it is benefit to the
State. Williams & Co. relieve the State
Of the $500 it has paid as rent for a
house to store the books; they take care
of the books; they distribute the books
and relieve the State not only from pay
ing the rent, but from the trouble and
expense of caring for, handling, distrib-
uting and selling the books. The act of
1922 provides for publishing the reports
and empowers the reporter to have same
published, and gives him the right to sell
as many copies as he saw fit; this law
continued to 1871 and was then put up
on the Attorney General, and in 1883 the
duty to sell was transferred from the
Attorney General to the Secretary of
State. In 1889 the licensed booksellers
were allowed the commission.
The contract provides that the agents
Of the State shall not sell for over 50 per
1uc CtClctdiy VI cldUt Iht
power to make this contract, it being a
fairly enacted act; then for the ex-
pense and trouble incurred by Williams
& Co. ought not the State to pay? This
has been the case for at least nine years,
and the Secretary of State is only fol-
lowing in the line of his predecessors. 1t
is not in restraint of trade, because that
implies that Smith mad the right to sell,
which is not true. There is no reason to
continue the restraining order to the
hearing; the facts are undisputed and the
law is plain, and the question should be
decided and put at rest.
Capt Day argued that the Secretary
has the right, and by his course in max
ing the contract he had benefited the
purchasers of books all over the State.