The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-08-30
BOOK PUBLISHERS
ARE up TO TRICKS
Ring in Red Tape About FIX
changing Books.
NOT IN THE BOOK LAW
NOT IN THE BOOK LAW
Attorney General Gilmer Decides
They Cant do This.
puplsNEED PRESENT NO CERTIFICATES
To Exchange Book il is Only Necessary That
tiles Been !!scd and is Now ina
Condition to be

Some days ago there was sent to the
Superintendent of Public instruction from
Buncombe county an old arithmetic
with the statement that as it had no
cover on it an exchange for new book,
as per the State adoption of books, had
been refused.
The matter was referred to Attorney
General Gilmer for his ruling in the mat
ter as it pertains to all similar books.
He has given this and in brief it is that
any book fit to be used and which would
have been used in the schools of the
State, but for the passage of the Text
Book Law can be exchanged at the ex-
change price for book Of similar grade,
despite any red tape which the book pub
fishers are putting about the matter.
And some of these book publishers are
using all the red tape possible. While
the question of getting on the list was
uppermost and while they and their
agents were warming the iron benches IN
Capital Square gazing with longing eyes
at the windows to the Governors office
behind which sat the State Text Book
Commission they were all promises Now
it is another tale. and they are endeavor
ing to camp outside the law.
The publishers Of Buehlers Modern
English Grammers is one of these firms.
They are sending to public school teach
ers certificates to be filed in certifying
that a child is a pupil in named pub
lie school and is entitled to purchase
their grammar at exchange rates il he
bring an old grammar without pages or
cover missing, with the further proviso
that the pupil has used the grammar in
the said school between February 1st
and July 1st, 1901
This IS a preposterous demand, and no
patron of the public schools is required
to do any such thing. All that a pupil
of school has to do is to take the
book he is using, hand it and 25 cents to
the agent or dealer in Buehler's Grammar
and get his new book.
Another firm, publishers of readers,
Biographies and histories is sending out
list of teachers who are asked to certify
to the number of books of those kinds
not on the State list in use between Feb
ruary Sth and July 1st. 1901, and that
the books were in actual use. No teach
er is required to furnish such a list 1t
is a courtesy if one does SO, and it is an
indication that the firm handling the
books named is going to try and split
hairs about the law.
These matters are disposed of in the
decision of General Gilmer, as indicated
in the following excerpts, which handles
the matter from plain. common sense
standpoint
Referring to the Text Book Law he
saws:
That the said party Of the second part
further covenants and agrees to supply
each and all OF the books or publications
embraced in this contract at the exchange
price or prices herein named. in those
cases where there is offered In part pay
ment an old book which was in use in
the State OF North Carolina on the 9Th
day Of February 1901. or which was in
use on July 1st, 1901, or which Was in
use between said dates, and which is OF
like grade and upon the same subjects
as the one for which it is taken in part
payment, provided the time in which old
books heretofore in use in the State of
North Carolina can be exchanged for new
books, be limited to July LIST, A. d.. 1902.
That the text book law which is made
part OF the contract declares that the
exchangeable books shall be books now
in use in this State" the date February
9Th, 1901. mentioned in the contract. be-
ing the date of the ratification of the
act. According to my construc-
ton Of the law and the contract made
with the contractors. the clause school
books now in use in this State" de-
termines what books can be exchanged,
and these words as used in the act mean
those books taught in previous sessions
of the school and such books as would
be used by patrons in the schools OF this
State if the General Assembly had not
enacted the present law providing for
the adoption of new books.
l do not think the certificate, copy
of which YOU enclose, = is au-
thorized under the text book law. The
statute does not confer upon the con-
tractors authority to issue instructions
to the managers of school book deposit
tories, these questions being, in
my opinion, within the jurisdiction of the
State Text Book Commission. to be de-
termined in accordance with the law and
the contract entered into with the pub
fishers.
The law clearly contemplates that any
book of a certain grade and on a certain
subject which has been used in the public
schools, and which is in condition to
be used. and would have been used but
for the passage of the Text Book law,
can be exchanged for book of similar
grade and on similar subject at the
exchange price provided for in the con-
tract absolutely without any conditions
imposed by the contractors.