The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-07-27
LAWYERS KINDLY
OFFERED To ACT
Generosity of Brown 3 Hender.
son in Book Case.
NELSON MAKES STATEMENT
IF ATTORNEYS ARE PAID HE'LL
PAY THEM.

A CCORDING 20 the statement Of
II State Superintendent Nelson of
the department. of public instruc-
ton, the school book trust, otherwise
known as the American Book company,
is not responsible for the employment
of the law firm ofsBrown a. Henderson
to defend the acts of the late state text
book convention in selecting text books
for the public schools, the manner of
which the district court has held was
Illegal Whatever compensation Brown
& Henderson receive the superintendent
expects to pay individually, however
much that may work a hardship upon
him.
When asked yesterday if the school
book trust had employed Brown & Hen
derson to represent him and the con-
YentiOn of county superintendent of
schools in the legal proceedings, Super
intendent Nelson replied in the mega
tive, qualifying the answer with the
phrase mot to my knowledge"
Who win pay Brown & Henderson,
was then asked.
That is an arrangement with me"
replied the state superintendent This
law firm volunteered its services to me,
but MesSrS. Brown & Henderson had
no idea that ii would be so protracted
a case. If they are getting 81 from the
book agents for their legal services.
don't know it. Attorney General Bree-
den was my attorney. and it was with
his consent that Brown & Henderson
appeared in the case, but the first day
of the hearing he was obliged to go to
Ogden on business. The securing of adj
ditional counsel was advised by several
of the county superintendent, and if
Brown & Henderson get any compen-
sation 1t viii be from me individually.
/ expect to pay them, but il viii work
hardship upon me.
VINO Hired Other LawyersP
az may as well put the question to
Stuart 7. Tanner of why he employed
Richards & Varian and Whittemore,
Cherrington & Bierer to sue out the
injunction. 1t is not true that the
American Book company employed
Brown & Henderson to represent me
and the members of the text book con-
vention in the court proceedings. Mel
Their did the Silver-Burdette company
nor Mr.. Knox employ them
Il might add" remarked Superin-
tendent Nelson. that the book trust
has a larger holding under the old con-
tract than under the proposed new
ONE
Speaking further, Superintendent
Il
but decidedly intentional in reading
and considering the bids in the maj
ner which has been held by Judge Hall
| to be illegal. I was present when the
| city board of education opened the bids
\ for its consideration. The only part
read was the Introductory, but the bids
were later tabulated.
While the bids were handled in an
! intelligent way. there was a question
[ in my mind whether or not the law was
properly obeyed. Therefore, I consult
ed proper legal authority. who assured
me that the methods used by the board
complied with the spirit of the law. Ac-
/ cordingiy. resolved to handle the state
/ convention in the same way, and did
81 am satisfied that the state con-
/ vention in its work carried out the law
and in this don't stand alone, several
| attorneys, including Attorney General
| Breeder, sharing my opinion.
/ Regarding the method adopted by
( the convention regarding the selection
| of books. 1 want 10 state that the vot-
/ ing by ballot and the rules that gov.
\ erned the work of the convention wers
| advised by the committee on rules, the
majority of members of which were
members OF the convention five year,
| ago. The committee took the proceed
I ings of that convention as a precedent
so far as the matter of prices arr
concerned. those of the recent conven
| ton are far better and cheaper thar
| those of the convention five years ago