The Topeka state journal., 1899-05-29
DOODLE.
Claim That Member of Text
Book Board Was Paid.
Agent TutwiIer Says He Gave
F. p. Smith $4OO.
NOW WANTS 1T BACK.
Says Money Was to Be Returned
to Him,
If Peabody Chart Was Not
Adopted.
MIR. SMITH is FIRM.
Refuses to Turn Over Any Cash
to TuGWiler.
Calls the Case One of Black
mail.
Story About Text Book Com
binatiOn Revived.
Refuses to Turn Over Any Cash
to TuGWiler.
Calls the Case One of Black
mail.
Story About Text Book Com
binatiOn Revived.

A civil suit will be commenced this
afternoon in the district court of Doug
las county on behalf of w. w. Tutwiler,
a school book agent, to recover $40o
which he claims to have paid to Frank
P. Smith, a member of the state text
book board and city superintendent of
the Lawrence schools.
Mr.. Tutwiler who is now in Chicago
claims that he paid the money to Mr..
Smith to be used as Legitimate ex-
penseS'' to secure the adoption of the
Peabody chart by the text book board.
He claims that he had an understand
ing with Smith that the money would
be paid back in the event that the chart
was not adopted by the board.
The Peabody chart was not adopted
and Mr.. TutwiIer says that he went to
Smith and asked for the money and
that Smith refused to turn it over. He
employed attorneys who also waited
upon Mr.. Smith but he again refused to
pay and claimed that it was black
mailing scheme to get money from him
and that he could not understand why
Tutwiler should single him out as his
victim.
Mr.. Tutwiler is the representative of
r. o. Evans & Co. of Chicago. He went
to Chicago late last week to consult his
firm about bringing the suit against
Mr.. Smith and when he was informed
by his attorney of the result of his visit
to Smith he telegraphed him to bring
the suit at once.
The petition is a simple one and does
not recite the claims made by Tutwiler
1t simply sets up that Smith is indebted
to Tutwiler in the sum of $400 and judg-
ment is asked for that amount If the
case ever comes to trial some interest
ing developments may be expected and
the methods by which the adoption of
text books are secured may be brought
to light.
When the text book board was about
to meet to agree upon the books to be
adopted this year a story was circula-
ted to the effect that a combination had
been made in favor of a few publishers
This may have been true but if it was
the combination did not hold good Geo
w Crane of Topeka thinks that there
was such a com mbinatiOn and that it
was mainly directed at his firm. How
ever that may be Mr.. Crane secured
one book in the list, the Wooster Pri-
mer but he says that if State Superin-
tendent Nelson had not come boldly out
in his favor he would have failed to
secure even that.
Mr.. Tutwiler in his statements before
he left Topeka hinted that a combina-
tiOn was made and that he suffered
thereby. He said that when he gave
Smith the money he understood that
he was already in favor of the Pea body
chart and that he gave him the mon
ey to enable him to help secure the
adoption through other members of the
board. He says he thinks that Smith
went into the combination and that
he was thereby prevented from keeping
his promise because another chart was
agreed upon by the combination
An investigation of the records of the
session in the office of Superint
Nelson would tend to disprove this the
ory of a combination for the records of
votes do not show that any faction of
the board unanimous for
series adopted. There might have been
an understanding by which the true
facts are not apparent in the recorded
vote. The records show that the board
voted unanimously for the Wooster
Primer though Mr.. Crane says that his
book was adopted only by a scratch.
The vote the chart shows that the
board was practically unanimous for
the Macy chart which was adopted.
The vote on the motion to adopt the
Peabody chart shows but one vote in
it's favor and that was not Mr.. Smith.
George w. Crane said today, when
told of the proposed suit against Su-
perintendent Smith: Il hope this
matter will be probed to the bottom
1 have no doubt in the world that there
was a combination and that one of it's
objects was to shut US out entirely.
superintendent Nelson saved US. We
would have gotten nothing out of the
deal if Mr.. Nelson had not admitted
the superiority of our primer and bold
ly said that he would vote for it.
Il would like to see thorough in
vestigation. There were two factions
on the board, one which called itself the
educational end, to distinguish itself
from the rest who are not actively en-
gagged in educational work. and Mr.
Smith belongs to the educational end of
the commission. I know nothing about
the merit of Mr.. Tutwiler's claims, but
I would like to see. the thing shown up
in it's true light
Superintendent Frank Nelson was
told of the proposed suit. He said: ''I
do not believe that there is any founda-
tion for Tutwiler's claim 1 believe Mr.
Smith acted from the best motives and
that he was not influenced in any way
do not understand why he should
bring a suit against Mr.. Smith He
is naturally chagrined because his
chart was not adopted, but I do not
know that it was Mr.. Smiths fault that
it not.
las far a combination is concerned.
an examination of the records will dis