The Montgomery advertiser., 1905-09-16
STATE TO SUE
 PUBLISHERS A Muddle Over Textbooks
 For Schools. CONTRACTS ARE VIOLATED DepOsitOries Not Supplied Acc
 cOrding to Law. Attorney General Directed by Cover nor to Proceed Against Twelve Large Firms Which Secured
 the Contracts.

was not prepared to say what amounts are to be claimed of the publishers. His judgment will be depended upon
 after he has thoroughly examined each of the contracts.
 The general grievance against the publishers consists of the State depos- itory at Montgomery being empty or tied up in some way for the past two months so that neither this city nor any of the thirty-odd counties of South Alabama has been able to purchase books Fowler & Company, of Mont gomery, who had charge of the depos- itory in Montgomery. has been re- lieved of the agency to which that firm was appointed by the publishers. By some business misunderstanding between this company and the con- tracting publishing companies, as has
 been narrated in The Advertiser. the depository has been absolutely inac- cessible for two months or more. Books Not Available.
 The law regulating the Text Book Commission of Alabama makes it com pulsory for the contractors to keep in store at both of the Repositories in Montgomery and Birmingham a sufii- cient supply of books at all times for | the immediate need of the public | schools. About two weeks ago State l Superintendent of Education l. W. Hill l found by complaints which came pour l ing into his office that the arms of | Fowler and Company, the agents here, | had been tied in such a way that 1t i was impossible to secure any school | books whatever.
 The matter was taken up by the | Commission Immediately thereafter. IL | was found that not only had the peo- pie of Montgomery been deprived of an opportunity to buy books here but the County agents were also powerless to obtain supplies for the southern part of the State. It looked to u. Governor and Superintendent Hill, who is also a member of the Commission, that this was direct violation of the contract the publishers have with the State. The publishers were notified of the hardships their neglect was fore ing on the people of Alabama.
 Temporary Arrangement.
 A temporary arrangement was made for the supply of the city of Mont gomery and the south State counties. The city pupils of Montgomery. under the arrangement, are to get books at the Montgomery Fair in a day or two. At least this is the announced inten- tion of the publishers through their representatives who are on a visit to now. As for the County sub Repositories which the law intends to be supplied from Montgomery the best they can now do Is to place theIr.I |.
  of Birmingham, who have the deposi- tory in that city for Northern Ala { bama. [
 The publishers consented to deduct | the extra freight that is charged on the books between Birmingham and This will enabIe the ! people of this section of the State, n therefore, to get their books at the prices and the only difference will be a delay in shipment. Until his temporary adjustment was de- ;ided upon about two weeks ago peo- jle in South Alabama, through the County agents, had been paying extra Ii reight on the books which they were j. compelled to order from Birmingham. ? This was manifestly unjust and caused " among the sufferers and H he members of the Book Commission. c
 List of Defendants.
 The publishers who will be made de- y endants in the States suit are Silver, h 3urdett & Company of Boston, Eaton si S Company of Chicago. Eldredge & u Bro. of Philadelphia, The MacMillan s' Company of New York, Ginn & Com c' ,any of Boston. Rand. McNally & tI Company of Chicago, American Book Company of Cincinnati. University c publishing Company of New York, ei daynard, Merrill & Company of New a fork, B. F. Johnson Publishing Com d any of Richmond, Va, Educational fl 'ublishing Company of Chicago, New on & Company of New York.
 It Is more than likely that a second complaint will be made in the suit u Lgainst Silver, Burdett 6 Co. for the S eason, as charged by the Text Book 8, that this firm has not, for S he current year, kept in the Repositories a my of the books it has contracted to d urnish. These are arithmetics, and Il onsist of three classes or grades. Up u lntil yesterday none of the books, &C., ording to reliable sources, was to be btained in Birmingham. and of course, he deadlock in the local depository l. ,ept them shut tight to the southern ounties even If a thousand Of them were here. It appears negligent to the | that with no rupture with N he agents in Birmingham .ue pub fl lshers should have failed to keep R upply there. u Schools About to Open. O
 Public schools will be opening in n arge numbers before the end of this T lonth, and unless plans are put on foot t, 0 meet the heavy rush at that time, 1t a expected to go particularly hard with c hem. s
 J. D. Matlock of the American Book c Company, and Havlin Stevenson of Sil- T CT, Burdett & Co.,, are in the city look U ag after the interests of their houses ~ n the muddle here. Yesterday they z ad a long talk with the Governor and Hill Their explana- S, ions, while kept quiet, evidently did a. ot exactly please these two members si f the Commission for Immediately Af- O CT the conferences the Governor gave a otice that the Attorney General had U een directed to proceed against the h publishers. N
 Mir. Matlock Is trying to get ready for F the books that are to be Il andled by the Montgomery Fair and u O be sold to the people of this city. & here is a large consignment of books V f all kindE needed which was held ', ntil a few days ago by Fowler & Co. N When that firm ceased to be the agents f the publishers, the books are under h tood to nave been transferred to the d 'air, which agreed to retail them. The Il lair has nothing to do with the whole s ale distribution among the south State . ounties for that Is now the business f Loveman, Joseph & Loeb of Birming- Iam. f
 Acted Without Authority.
 The Text Book Commission. accord- ng to Superintendent Hill, may be said o have never given its sanction to the ,lan of shipping books from Rirmfng- q lam to supply the counties of this part { # the State. This Is true because thsy ! would not be supported by the law be- towing uDon them their powers They c