The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1902-08-15
Mr.. WEIGH Says Companies should
Be Prosecuted for Violating
Their Contracts.

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It will be remembered that some
months ago the state superintendent
of public instruction, Mr.. Welsh; caus-
ed it to be published that the compan-
les were not living up to the terms Of
their contracts and threatened to in
stitute proceedings against them for
the forfeiture Of their respective
bonds. The defaulters notified the
superintendent that they were will
ing to settle the matter and make
restitution so far as lay in their pow
er. A conference was held between
the contractors and state officials and
the strength of the promises made
by them at that time the threatened
proceedings were withheld. On the
heels of this the attorney general ask
ed the superintendent to submit to
him all the original information his
office possessed on the subject. This
Mr.. Welsh declined to do apd ever
since the relations between the two
officials have been very much strained.
Mr.. Welsh agreed to give copies of
the letters and other documents he
has, but would not permit the origi-
nails to leave his Office.
The matter has got into the newspa-
pers of Helena and a day or two ago
the superintendent gave his side of
the affair to one of the papers of that
oi%v liz ;c u,,Cfod oc covino. @t
''This office is proud to assist Mr..
Donovan in every way possible in
| adjusting the text book matter and
we agreed to furnish Mr.. Donovan
with copies of all letters and other
information on file, but I was not dis
posed to allow the original copies AND
files to leave, my Office,
"There is no question but what the
book concerns have violated their
contract entered into with the state
in July, 1897, in many respects, but
I am not the legal representative of
the state and it is not my place to
start prosecutions to'compel the com
panies to comply with their con-
tracts.
when the matter was brought be-
fore the attorney general some time
ago he suggested that my Office fur
nish him with an itemized account of
the. ever-charges in the various coun-
ties of the state. Fancy such a task
without additional help and appro-
priation for the purpose.
Mt appears to me that the book
concerns have violated their con
tract with the state in utterly failing
to maintain in each county in the
start a distributing store for the text
books; a place where the schools
could secure the text books at the con-
tract price. This breach of their con-
tract would seem /, to me to be SUI
icient to cause the forfeiture OF the
bonds of $4,000 given by the COM
panies.
1.-THE companies have never denied
that they have o~ver-charged and VIC
lated their contract in more ways
than one. Since I was the first to
discover and disclose the violation,
naturally I have an interest in seeing
some steps taken to bring the com
panies to time and for an adjust
ment."
At the conference between the rep
resentatives of the state and some Of
the book concerns some time ago, the
latter manifested a willingness to set
tie. State Superintendent WEIGH is
now preparing all the information he
has in his office for the attorney gen.
eral, but this in the shape of letters
received from county superintendent
showing that overcharges in the
prices of text books have been going
on for five years.
In many of the counties the over
charge has been Is great as 100 per
cent.
AS it will soon become necessary to
buy a large supply of books, the SUI
perintendent believes that steps
should be taken to prevent further
violation of contracts by the book
companies. He says that in the event
nothing is done before the Legislature
meets the matter will be brought tt
; the attention of that body.
:. If the bonds furnished by the com
: panies for the fulf1llment of their
{ contracts are forfeited it will be fol
the legislature to say to what fund
the money collected. on them shall re
: vert.
while l have ven no way of ap