The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-07-14
A POP. MONOPOL|ST
Has Dr.. Cy. Thompson Built
Up a Trust?
Mr., SMITH SAYS HE HAS
ASKS THE COURT TO DESTROY
THE MONOPOLY.
A CORNER ON THE STATES BOOKS
Delegates His Duties, Says Mr.. Douglass,
toAnother, But Keeps on Getting
His Commission lust
&c Pafora
as Before.

IF Mr.. Marcus NJ. Smith, of the South
orn Law Book Exchange, is to peLe'Gu'
it only takes an office to change INC
most rampant. trust-abusing, ana ploa'-
ed-bond holder denouncing fopulisI ih'o
a monopolist of the first water
At any rate that's the charge ne Is
now preferring against DIR. Cyrus Ihonlp-
son. late of Onslow county, later pfesi,
dent of the Farmers Alliance. anu
latest Secretary of State.
The basis of this charge is that lhoiiip
son has given to A. Williams u 20. the
exclusive privilege of selling supreme
Court Reports for the State, for when
rNbompson is to receive 5 per cent com
mission. and they are to receive l2h2
per cent. discount. For this exclusive
privilege they are to properly store ana
1are for the books free of charge 10 the
State.
This is a splendid arrangement for A.
Williams & CO., but pretty hard ON thelr
r;vals so Marcus NJ Smith, as the read
ars Of this paper already know, got out
an Injunction to prevent the carrying out
of the contract on the ground that 1t was
a violation of the law, an unjust as
elimination and contrary to pubic polcy'
This Injunction was made returnaple
before Judge Robinson, at Chambers,
here Yesterday. The hearing began with
the reading of the pleadings and affl-
dov;ts ON both sides. The plaintiff was
represented by Douglass & Holding, the
Secretary of State by Day q McRae, ana
A Williams & Co. by Jones q Boykin.
The readers Of the News and Observer
are already familiar with the facts ana
allegations set forth in Smiths COM
nlaint. In his answer the Secretary OF
State claimed that the sale of the reports
was left within the discretion OF the sec
retary of State and that IN making tne
contract with A. Williams &c 20. ne mao
heen doing the best for the State. he
had constituted them agents, WHEREBY
the property could be preserved ana tne
State saved $3605a year.
The first argument was made by JUDGE
T. C. McRae, whoaclaimed that the sec
retary Of State had done nothing to merit
the action of the court.
Mr.. Douglass, speaking for the PLAIN
tiff said the matter was settled by the
c;mnle statutes Of North Carolina; that
. void and illegal contract was about TO
ha carried out: that the law governing
tho sale of these reports was made for
the benefit of the booksellers, ana not ZOE
tho henef;t of the Secretary of State.
.srbe Secretary himself is simply the
aoant of the State in this matter. he
can't give one bookseller in North Caro-.
I;na rights and privileges that he Will
not allow to others-all must have the
Same discount. He not only is an agent,
receiving a commission of 5 per cent, but
no has to make a monthly statement to
the State and pay over the money re-
ceiyed for the reports. He is entitleo TO
only 5 per cent. as agent, and yet, under
the contract he has entered into wltn a.
Williams & Co., the State is paying l'h
per cent.
under this arrangement! lie mas mourning
To do-only sit down and count his COM
missions. A. Williams u 20. 90 all the
work.
"And then why be in such a hurry
about the warehouse and put IN a de-
tense here that he is saving the Stare
money. He's not doing DIT. He has leased
Mr.. Stronach says, that warehouse 1or
five years and he must pay for 1t.
"There is no such contract" interrupt
ed Mr. Thompson.
"Mr. Stronach says so in his aHldavlt.
"Where is his contract!
"He says it was filed in your office. lie
sent up there for it, and you sent him
word that it wasn't there.
"Wen, I'll not pay the rent
"Well, you and Mr.. Stronach must set
tie that-it's not my fight"
Resuming his argument Mr.. Douglass
claimed that the Secretary of State him
self being an agent could not appoint an
agent.
'.This contract creates monopoly.
perpetuity and restricts and restraints
trade. A. Williams & Co. have right to
sell to themselves any amount Of reports
they please. Suppose certain report is
about exhausted. Under this contract
they can buy up the ten or twelve vol
umes left and sell them at just such price
as they can get. If they are the agents OF
the Secretary Of State they must just
step into his shoes and do just what he
would do under the same circumstances.
''This is the most gigantic trust on a
small scale that was ever attempted In
North Carolina-a book trust. You have
no right to take commissions out Of the
pockets of one branch Of the trade and
put them in the pockts of others. A.
Williams & Co. are under contract to
have 81 per cent more commissions
than any other bookseller. This means
each year about 1925 clear profit on the
States property-much Of it out Of other
booksellers.
Gas to the pitiful, miserable, contempt
ible rental of $48, it would be better for
the State to pay it than to save it, il by
so doing she has to do an injustice
to certain class of citizens. The
State has not fallen so low as to nave
to skin around for $4S.
Gwen the Legislature has no right to
grant such franchise as the Secretary
of State has attempted to create. If
Alfred Williams & Co. can't stand in
competition with Smith without getting a
Secretary Of State to create for them a
miserable little monopoly let them go
under. All Smith asks is fair fight"
At this point the hearing was discontin-
,led to be resumed again of e o'c,ocl, this