The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-10-28
SCHOOL BOOK FIGHT
Goldsmith & Co. viii Not
Pay for UnSoId Books.
SUED BY CRANE & co.
Who Try to Apply Their
Construction of the Law


A suit was filed in the district court
yesterday against the Goldsmith Book
and Stationery company of this city by
Crane & Co., of Topeka. which will, in all
probability, be of wide interest to retail
book dealers and school patrons through
out the state The suit is brought to
compel the payment of an account Of $Sl2
for books furnished by the publishers but
which books were not sold by the Gold
smith Book and Stationery company, and
are subject to the demands of the pub
fishers. Mr. Ike Goldsmith, manager of
the Wichita company, claims they do not
own the books absolutely but as provided
by law, are merely the publishers depos-
itory in this city, ard should not be re-
uuired to pay for the books except as
they are sold. The account is for the bal
ance of the books left on hand.
The suit will be bitterly fought in the
courts, as the book dealers claim they
could not possibly handle the school
books on the small margin laid down by
the law, any other way than as the law
intended.
Sankey & Campbell have been retained
by Goldsmith & Co. to handle their side
of the case, and last night Mr.. I. P.
Campbell consented to the following in
terview on the subject:
''Mr. Campbell, it is understood your
firm has been employed by the Goldsmith
Book and Stationery company in the suit
just brought against it by Crane & Co.
Yes, sir. We have been counseled by
this and other retail book houses for
some considerable time about matters out
of which this suit has grown"
would you object to stating what the
legal points in the case are?"
why, no; I don't object to telling you
what we regard as the law in the matter,
but 1 do not consider the newspapers
good place in which to try lawsuit.
This suit grows out Of the Kansas state
school book law or. rather, the con-
struction of it. The law requires the
publishers of school books who have con-
tracts with the state to appoint in each
county one or more distributing agents,
through whom the parties making the
books furnish them to the users-the
school children. These agents are allow
ed under the law ten per cent of the SELL
! ing price for handling the books. The
/ law makes 1t the duty of the publishers
to supply the books in quantities as or
dered upon the requisition Of the county
and city superintendent Crane & Co.
have been insisting that after the first
year they have the right to sell these
books outright to these agents, and can
not be compelled to furnish them except
upon order in the usual course, and
charge them up to the dealers just as
other books are sold and charged. We
do not understand this to be either the
intent or meaning of the law and have
so advised those agents who have con-
suited us.
"A persistent effort was made by Crane
& Co to have their agents throughout
the state buy these school books out
right and in most cases, we understand
they succeeded. But the Goldsmith Book
and Stationery company did not get
caught on this pin. This firm refused to
order the school books of Crane & Co in
the manner in which this company de-
manded, but insisted that the books ask
ed for should be sent, and at the last
moment. and just as the city schools were
being opened, the books came. At the
end of the first month Crane & Co. sent
in their bill for all the books sent to theil
agents here irrespective of whether the
books had been sold TO the patrons OF
not Goldsmith & Co. sent a draft
promptly in payment Of all the books
sold, and no more, and thereupon a draft
was drawn on Goldsmith & Co for al
the school books sent them, which, OF
course. was not paid; hence this suit
I'VE have been asked by numerous
agents and county superintendent for
our construction of this law, and our owr
county and city superintendent agree
with US that these parties who have con
tracts with the state are bound under
the law. to furnish the books as needed
and get their pay as the books are sold
They cannot compel the local agents who
handle the books tor the better accom-
mediation of the patrons, to pay for the
books.
I'VE have no doubt as to the law II
this matter. and we are in favor Of both
the contractor and the local agents hav-
ing the full benefit of all its provisions
I'VE are informed that all the partie:
having contracts with the state to fur
nish school books. except Crane & Co.
are complying with the law, and furnish
the books on acquisitions, getting theil
pay for as the books are paid the by tn,
users"
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