The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-01-31
AGAINST A
MONOPOLY
Book Trust Scored by
{. A. Mott Smith.
WRITES ON THE QUESTION ]. On
The Board of Education Minority in
Favor Of Department
Business.
i,r


lie Instruction.
The Attorney Generals opinion on
the book contract business contained
two main points adverse to the &C
ceptance Of Mr.. Gums offer: First,
The department Is obliged by law to !
maintain it's own depository OF DOCKS /
| second, the legal authority OF the |
| commissioners to enter into a contract |
nv which they bound themselves. Tor
term of years, to purchase all books
solely from the list of one publisher is
| open to serious doubt.
/ The opinion of the Attorney General
| had been received and read at pre-
| vious meeting, at which I was not
present, being absent from the coun-
/ try. At yesterdays meeting l moved
it's adoption. My motion was not sec
!. onded. l then offered. resolution,
which I had prepared yesterday morn
hing learning that at the meeting in
the afternoon a publishing house in
tended to submit an offer to CONTRACT
to supply books for five years 10 the
commissioners. This resolution, though
similar in import to the Attorney CEN
erals opinion, was drafted by me on
the morning of its presentation peIore
ever saw the Attorney Generals
opinion. l saw his opinion for the hrst
time at the above mentioned afternoon
meeting The res Tuition is as tolloWS'
Whereas, it is the sense of the Com
missioners of Public instruction that
any contract entered into by the De-
, uartment of Public instruction by
which the department binds itself for
| a term of years to purchase books ex-
clusively of, or confine It's choice OF
books exclusively to, the list of books
published by any one publisher is Vold
as against public policy, and has no
binding force upon the Commission
: ers of Public Instruction as being in
consistent with the exercise of their
discretion with respect to the regula-
ton of courses of study and control
and management of schools. as pro-
r yided by statute, and as being incon-
sistent with the oath made and enter
/, ed into by the Commissioners Of Pub
!. lie instruction on taking office;
, Now therefore, resolved, that nc
y contract for the purchase Of books be
- entered into hereafter by the Depart
ment of Public Instruction whereby
, the department. binds itself for term
of years to purchase books exclusive
ly of, or confine its choice exclusively
j, to the list of books published by any
one publisher.
= That the Department of Public IN
:, struction hereafter conf1ne itself ex
L cIusively to the purchase Of books b.
advertisement for tenders for tn
same.
This resolution was not seconded.
. was then informed that Mr.. Gum
:. offer had been refused at forme
Oh meeting at which / was not present
i'll on the first ground stated in the At
Of torney Generals opinion, that is, be
ne cause the department is obliged D.
law to maintain it's own depository o
books For this reason, and for tn
reason that the resolution had receive
no second, 1 withdrew same. l the
IN put the following motion:
Moved that it is the sense of tn
he Commissioners of Public Instructio
u. that the interests of education in thi
country can be best subserved b
placing and maintaining the manage
l., ment, control, and distribution {
w. school books in the office of the De
partment of Public Instruction.
- AS this motion was not seconded, an
it being explained to me that at
former meeting, held when I We
away, the commissioners, In gener
. discussion had given the superintei
dent of Public instruction the impre
sion that they We're in favor of relie'
ing the office of the department of Il
care and trouble Of the book bushes
and he had SO framed his report to II
Governor of the Territory, / ask
that my motion be left on the minut
Nc as establishing my record in the ma
NJ. ter:
rm / pressed the adoption of the Alto
lay ney Generals opinion for three rea
the ons: 1t was the opinion of the leg
ion representative of the government, fo
Ike, mally asked and formally given; t
determination of a question of co
as struction of powers is as pertinent
ALI day as it Is tomorrow, or on any 9th
bile day; the issue raised by Mr.. Gum
offer had not been decided on all
Who points.
,ich l pressed the motion to retain
e Is control and management of scho
,or- books in the office of the departing
f. for three main reasons. The depa
ment with it's machinery extendi
throughout the school system is bet
yrey. able to ascertain and supply the wal
iris or scholars than any other concern
den concerns. 1t can buy books from
'oke publishers at the same discount
vers other concerns, but will not, as otl
'oke concerns are likely to do, sell 4
:anle at profit. The SYSTEM thou
u.ique, is success here, the only d
hcaity appearing to lie in scare
o. clerks in the office of the depa
meif. a matter easily remedied
HE WHIT [ tried to do yesterday v
and to hae the commissioners decide oil
2Sth for al the question of entering il
wing d term !HoHOpOly COUlTdct, whether
the choose or purchase exclusively of
publisher, whether the same was 81
mitted by the American Book Conn
ny, D. 9. Heath & Co., or any publ
- err and let the public know by {
tinct action in SO important an is
as this, that hereafter the commissi
ers intended to buy books In an o.
airy. market by advertisement for tend'
- and from such tenders choose the
book submitted, whatever the price,
whoever the publisher might be. L
with The power Of the commission
RE- to AZ a certain book for a term
tion years at a question arises as to
in adopt Of publisher for a term
I. S. years.
Immediately after the discuss
which took place on the above, c
| to tract offer was submitted among OF
lnts. offers to the commissioners. 1t
that offer, or any offers like it WI
/. might be submitted between now
IN. A. !, he N r