The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-11-20
JIG UP FOR
THE TRUST
Proposed Book Contract
Pronounced Illegal.
Acknowledgement SAYS So
Mainland Combines Clutches Will
Be Kept off Hawaii's
Schools.

torney-General Dole in an opinion
read before the Governors council yes
terday, said that Superintendent of
Public instruction Atkinson did not
possess the right to make a contract
for books with the American Book
Company. The opinion in full is as fol-
lows:
Territory of Hawaii, Office of the Attor-
ney General, Honolulu, II. L. Nov 10,
1900.
Hon. Alatau T. Atkinson, Superintendent
of Public Instruction.
Dear Sir: Your favor of November 18th
| is received, in which you inquire If a
contract made in accordance with the ac-
companying letter of Mr.. Gum, of the
American Book Company, would be bind
| ing upon your official successor
In my opinion, it would not be binding
upon any one.
Mr.. Gums letter begins as follows:
whereas, the contract now existing be-
| tween the Territory of Hawaii and the
American Book Company will expire on
the 18th day of February next, and,
whereas, the Territory now has a large
stock of books on hand amounting to
about six thousand dollars, and it has
been stated that your honorable Board is
DESTROYS of disposing of the handling of
said books and placing same in the hands
| OF the dealers; now, therefore, we pro-
pose as follows: We will take from the
TERRITORY all of the stock of books now
1 on hand, allowing you cost prices for
same, and will create depository in the
lefty of Honolulu that will carry a COM
plete stock of the books which may be
required for use in the public schools of
the Territory We further agree to sup
ply said books from our publications, and
have them sold to the school districts or
pupils or other purchasers of the Terri
tory, as they are now supplied by your
honorable Board"
Section 125 of the Civil Laws of 1897
provides: The department shall furnish
lan necessary books and stationery re-
lquired for the use of the pupils in their
respective grades, charging therefor their
cost price"
Section 127 provides: THE department
may furnish books, stationery and other
lschool supplies at price sufficient to
lccver cost, including interest, to private
schools or pupils therein, or to other
persons for educational purposes"
1t seems to me that the law requires
the department to do a book business
Isel1ins at cost to the patrons of the pub
lie schools: and permits 1t to do book
business. selling at cost with interest or
the investment added, to patrons of pri
vate schools.
Mr.. Gum, in his letter, says: "YouI
honorable Board will have the privilege
I at any time of selecting any books from
our catalogue that they may wish t.
have used in the public schools of tn,
Territory" The existing contract pro
vides that: Said Board of Education
SHALL during the five years next follow
ing the execution hereof, purchase from
the said American Book Company from
! publications issued by it, all of the book
required in the Government schools o
the Hawaiian Islands,
Under our form of Government tn
people are the only source of power an,
- an executive department has only suci
powers as have been given to ii express
ly and by reasonable implication Section
a lib of the Civil Laws of 1897 provides that
= The department (of public instruction
shall have entire charge and control an
Ibe responsible for the conduct of all af
fairs appertaining to public instruction
i l seriously question whether these pow
Iers, great as they are, authorize con
tract under which, for the term of fiy
years, all books required for use in tn
public schools of this Territory must b
purchased from a single concern, instea
,of In free and open market, regardless o
lrelative price, value or adaptability to 10
cal needs. contract lettering a govern
mental department to this extent is S
lcontrary to the spirit of our institutions
that to sustain 1t would require | am in
lclined to think, plain legislative authorit
lunhampered by constitutional restric
ltions.
g Furthermore, as the consideration ap
n pears to be taking over business whic
the law, requires the department to cor
lduct, the contract for that reason ais,
in my opinion, would not be binding.
Very sincerely yours,
E. p. DOLE,
ATTORNEY General