The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-02-01
AGAINST A
MONOPOLY
Book Trust Scored by
t. A. Mott-Smith.
WRITES ON THE QUESTION
The Board Ct Education Minority in
Favor Of Department
Business.

allow me to add "A few remarks to the
Advertisers report OF yesterday 5
meeting of the Commissioners of Pub
[ lie Instruction.
The Attorney Generals opinion on
| the book contract business contained
/ two main points adverse to the ac-
/ ceptance of Mr.. Gums offer: First
the department is obliged by law to
maintain its own depository of books;
second, the legal authority of the
| commissioners to enter into a contract
/ by which they bound themselves, for
a 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 a pre-
vous meeting, at which 1 was not
present, being absent from the coun-
try At yesterdays meeting l moved
its adoption. My motion was not sec
onded. l then offered resolution,
which | had prepared yesterday morn
ing, 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 to the
commissioners. This resolution, though
similar in import to the Attorney Cen
erals opinion, was drafted by me on
the morning of its presentation before
| ever saw the Attorney Generals
opinion. | saw his opinion for the first
time at the above mentioned afternoon
meeting. The resolution is as follows:
Whereas, 1t Is the sense of the Com
missioners of Public instruction that
any contract entered into by the De-
partment of Public instruction by
which the department binds itself for
"A term of years to purchase books eX-
clusively of, or contine It's choice or
books exclusively to, the list of books
published by any one publisher is void
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-
vded 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 no
contract for the purchase of books be
entered into hereafter by the Depart
ment of Public instruction whereby
the department binds itself for a term
of years to purchase books exclusive
ly of, or confine its choice exclusively
to the list of books published by any
one publisher.
That the Department of Public In
struction hereafter confine itself eX-
clusively to the purchase of books by
advertisement for tenders for the
same.
This resolution was not seconded.
was then informed that Mr.. Gums
offer had been refused at a former
meeting at which l was not present,
on the first ground stated in the At
torney Generals opinion, that is, be-
cause the department is obliged by
law to maintain its own depository or
books. For this reason, and for the
reason that the resolution had received
no second, / withdrew same. / then
put the following notion
Moved that ii is the sense of the
Commissioners of Public instruction
that the interests of education in this
country can be best subserved by
placing and maintaining the manage |
ment. control, and distribution of
school books in the office of the 1Je- !
partment of Public Instruction.
AS this motion was not seconded, and
ii being explained to me that at /
former meeting, held when I was
away, the commissioners, In general
discussion had given the superinten- !
dent of Public instruction the impress /
sion that they were in favor of reliev-
ing the office of the department of the .
care and trouble of the book business,
and he had so framed his report to the .
Governor of the Territory, l asked
that my motion be left on the minutes
as establishing my record in the mat
ter.
| pressed the adoption of the Attor-
ney Generals opinion for three reas-
ons: 1t was the opinion of the legal
representative of the government, for
mally asked and formally given; the
determination of II question of con-
struction of powers is as pertinent to-
day as it is tomorrow or on any other
day; the issue raised by Mr.. Gums Il
offer had not been decided on all its
points IA
l pressed the motion to retain the
control and management of school
books in the office of the department
for three main reasons. The depart
ment with its machinery extending
throughout the school system is better
able to ascertain and supply the wants
of scholars than any other concern or
1t can buy books from the
publishers at the same discount as
other concerns, but will not, as other
are likely to do, sell the
same at profit. The system, though
unique, is success here, the only diff
hrulty appearing to lie in scarcity
of clerks in the office of the depart
ment, matter easily remedied.
What | tried to do yesterday was
10 have the commissioners decide once
for all the question of entering into
A term monopoly contract, whether TO
choose or purchase exclusively of one
publisher, whether the same was sub
mitted by the American Book Compa-
ny, ID. {. Heath & Co. or any publish
er and let the public know by dis
tinct action in so important an issue
AZ this that hereafter the commission
ers intended to buy books In an open
market by advertisement for tenders.
ana from such tenders choose the best
book submitted, whatever the price. or
whoever the publisher might be. 1t is
within the power OF the commissioners
10 adopt certain book for n term OF
years, but quest lOn arises as TO the
adopt On Of publisher FOR a term OF
Year,
Inn ediatrly rfter me discussion
which took place on the above, a con-
tract offer was submitted among other