The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-06-19
Marcus Smith Takes the j Pier
pont Morgan Route.
ENJOiNS THE SEC. OF STATE
DOESN'T LIKE HIS MANNER OF
SELLING THE REPORTS.
SAVES THE STATE $500 A YEAR
The Case to Be Argued Before Judge
Robinson at Chambers IN G1lds-
boro July i6--Dr. Thomp-
SON is Not Pleased.

boro July l6--Cr. Thomp-
son is Not Pleased.
Section 3. That the Secretary of State
is authorized and directed to sell any or
all of the North Carolina Supreme court
reports at a price not to exceed 81 per
volume, and that said secretary shall
receive as compensation for the sale OF
said reports such commissions as are
now allowed by law for the sale OF other
reports, and that he may allow to regular
licensed booksellers in this State such
discount as to him may SEEM reasonable
and Just. from the prices hereinafter
fxed.--Chapter 473, public laws 1889
Mr.. NJ. NJ. Smith, doing business I'M
der the firm name of southern Law
Book Exchange" yesterday got out an
injunction against Cyrus Thompson,
Secretary of State of North Carolina,
and Alfred Williams and Edgar Hay
wood trading as "A. Williams u Co,
,enjoining them to show cause, before Hls
Honor w. S. OBJ. Robinson at Cham
bers, in Goldsboro, on the 10th day of
July, 1897, at o'clock, why they shall
not be restrained and enjOined from
perfecting and carrying out contract
whereby A. Williams & Co. are to have
possession and exclusive control of all
North Carolina Supreme court reports
printed and sold.
In his complaint Mr.. Smith sets forth
that he is and has for long time been
a regularly licensed bookseller in the
city of Raleigh and has for long time
been engaged in buying and selling
North Carolina Supreme court reports,
purchasing the reports from the Secre-
tary of State at a discount of 1212 per
cent, which was considered and ad-
judged by the Secretary reasonable and
just and which was the same discount
allowed other regular licensed book
sellers in the State.
1t is further declared that under the
law public laws 1889. chapter ALB
regulating the sale of these reports, it
was and is the duty of the Secretary of
State himself to sell and deliver the re-
ports to purchasers, and sell them to
regular licensed booksellers, allowing
discount without any discrimination as
to discount or person.
The complaint sets forth that this is
about to be done, that the Secretary of
with A. Williams & CO., by the terms of
which there is about to be delivered to
them the possession and exclusive con-
troll of these reports-about 10000 vol
umes to the value of $50, 0OO-and give
them such exclusive, privileges as will
given them monopoly in this control
and sale, thereby preventing the Secre-
tary from selling the books upon equal
terms to all licensed booksellers, as re-
quired by law.
In pursuance of such a contract it is
alleged that the Secretary is now en-
gagged in removing the reports from their
place of deposit and is delivering them
to A. Williams & Co., and unless he is
restrained therefrom he will enter into
and perfect the contract and delivery of
the reports.
The plaintiff further set forth that
in pursuance of this statute authorizing
the sale of reports and relying upon its
provisions and the profits from the dis
counts allowed, he has, at great expense
and much labor, established profitable
business in the city of Raleigh, in the
sale and exchange of books, especially
North Carolina reports; and that il the
Secretary of State is allowed to perfect
the contract with A. Williams IL Co.,
his business will be destroyed and he
will suffer irreparable loss and damage.
For these reasons it is prayed that the
,defendants-the Secretary of State and
A Williams & Co.-be restrained and
enjoined from entering into the contract
and from further proceeding under the
agreement or delivering the books.
The injunction was granted by Judge
McIyer Thursday evening at Carthage
1t was obtained by Mr.. w. G. Douglass,
who represents Mr.. Smith.
Secretary of State Thompson was seen
yesterday afternoon, when the papers
were served. He was not at all pleased
He said the arrangement with A. Will
Inns & Co. saved the State just $50 a
month, or $500 a year, rent for a ware
house in which to store the books: that
similar arrangements had been made by
former Secretaries, and that he believed
Under the law he had right to make
such a contract.
He added that Smith had told him he
would have paid him $500 for the con-
tract! but that there were business rea-
sons why ne would not have given Smith
the contract under any circumstances.
He says there are not 10000 books in
the lot delivered to Williams, but some
5000 or 1000. An inventory is now be-
ing taken and it will not be known until
that is completed exactly how many there
are
All of the books have been delivered
and Of course that part of the injunction
is therefore imperative. Mr.. Edgar
Haywood, OF the firm of Williams & Co.,
says they will continue to sell the books
until somebody stops them.
"
AN INCREASE IN PENSIONS.
The Auditor is expecting very large
increase in the pension lists this year. A
large number Of applications are being
received, larger than ever before. Bun
conlfa county Sls for 100 Arari, nd