Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1901-09-05
GENERAL T00N GETS WARM
Over the Exchange of Second Hand
School Books,

A Releigh Special says: The State
Superintendent of Public Instruction il
not a little angry. The cause was a
by one Of the companies which was
| lately awarded a contract for furnish
ing textbooks. In the blank which is
SO arranged as to give the name of the
J pulpit and school, etc, a fixed and
i harsh rule is laid down as to the ex-
| change of an old book for the new
one; what shall be the condition of the
old book, that it shall have been used
! Dy the pupil in person the first half
OF the present year, ETC., and then Civ
ing the additional sum to be paid for
! the new book. The Superintendent laid
the matter promptly before the Attor-
ney General and said he would block
this little game or know the reason
why. He said two of the five book com
panies awarded the contracts were try
ing to work this game.
The following reply was made by the
Attorney General to the Superintend-
ents inquiry:
Replylng to your communication of
this date with enclosure of Mr.. Street
Brewer, county superintendent of
Sampson county, relative to the ex-
| change Of school books under the pro-
visions of the act to establish a text
book commission, passed by the Gener-
loc%
the honor to submit the following:
Section 10, of the said act provides:
That the contractor or contractors
shall take up school books now in use
in this State and receive the same in
exchange of new books, allowing a
price for such old books not less than
SO per cent. of the contract price of the
new books Paragraph of this con-
of North Carolina and the book con-
tractors is as follows:
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 Of
fered in part payment an old book
which was in use in the State of North
Carolina on the 8th 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 pro-
V1ded that 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 1st, A. D.,
1901" The textbook laws which is
made part of the contract declares
that the eXchangeable books shall be
books now in use in this State" the
date February 8th, 1901, mentioned in
the contract, being the date of the rati-
fication of the act. In your letetr yoE
say eff only the pupils of schools
taught since February 1st, 1901, are al
lowed to exchange, then the exchange
of books would benefit but a small part
Of the public school PATRONS aliuding
to the date mentioned in this letter of
Mr. Brewer. According to my con-
struction Of the law and the contract
made with the contractors, the clause
school books now in use in this
State determines 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 pat
rons in the schools of this State if the
General Assembly had not enacted the
present law porviding for the adoption
of new books.
do
of which you enclose, and prepared by
the contractor, to be signed by the
teacher of the public school, and III
dertaking to define the conditions upon
which an exchange of books can be
effected by public school patron is
authorized under the textbook law.
The statute does not confer upon the
contractors authority to issue instruc-
tiOns to the managers CT school COX
repositories, designed as their own IN
depreciation of the conditions under
which an exchange of school books can
be effected, these questions being, in
my opinion, within the jurisdiction Of
the State textbook commission to be |
determined in accordance with the law |
and the contract entered into with the |
publishers Section IA of the textbook |
law declares: That the said commits |
sion may from time to time, make any |
necessary regulations not contrary to |
the provisions of this act 20 secure TIE |
prompt distribution of book herein |
provided for and the prompt anl faith |
full performance of ali contracts and |
for this purpose it is expressly provid- |
ed III the said act that the textbook |
commission shall maintain its orga1i- |
Zation during the five years which is |
the period fixed for the expiration Of |
all contracts entered into between the |
State and the book publishers.
In my opinion the execution Of the |
law with reference to the exchange OF
school books should not be attended, ny |
any difficulty. The law clearly contem-
plates that any book of a certain
grade and on a certain subject which
has been used in the public schools,
and which is in a condition to be used,
and would have been used but for the
passage of the textbook law, can be
exchanged for a book Of a similar
grade and on similar subject at the
contract absolutely without any cOndi'
tons imposed by the contractors.
Chinese Authorized to Sign.
London. By Cable.-"Li Hung Chang