The Detroit times., 1911-08-29
DEALERS At TACK
]. BOARDS PLAN TO
SELL BOOKS
J. v. Sheehan and J. r. Macauley
Put Up Stiff Fight for Injunction,
Claiming Proposed Arrange
ment Illegal.
II Money Were Lost on Enterprise
Inspectors Would Make Up Deficit,
Says Secretary Marr.

ting together. heard testimony, Tues
day morning, In the action brought by
J. v. Sheehan and James f. Macauley.
booksellers, to make permanent the
temporary Injunction restraining the
Board OF Education from selling books
to high school pupils. 1T had been
planned by the Board OF Education To
buy the text books required by the
students, and sell them on a margin
OF not more than Ave per cent.
The board was represented by Cor
poration Counsel Hally and Assistant
Counsel Edmund Atkinson, while AT,
torneys Frank ID. Eaman and Herbert
v. Barbour appeared for the plaintiffs.
The boards attorneys first attacked
the petitioners position, ON the
ground that they had no right to In
terfere without the consent OF the at
torney-general, which. In this case,
had not been obtained. Apparently
anticipating this move. Mr.. Eaman
quoted from a recent decision OF the
supreme court, which held that any
taxpayer owning property worth 800
which is liable to seizure In case taxes
are not paid, had the right 20 inter
fere In a matter involving the imposi-
ton or collection of an alleged illegal
tax. Mr.. Eaman contended that the
boards action was illegal, for the rear
son that the board was engaging In a
hazardous enterprise In which the
credit Of the school board must be
pledged before the books could be OBJ
tanned.
Suppose the scheme results In a
loss, would not the board have to
make good the lossi" he asked.
Mr.. Atkinson claimed that 1t was
not proposed to use a cent OF money
from the public treasury.
Judge Hosmer: Would not the
credit Of the Board OF Education be
pledged, Mr.. Atkinson?"
Mr.. Atkinson: mo, only the pres
tige Of the board, not it's credit"
After q conference the judges de
cided to pass this point TO the su-
preme court, where the case will sc
eventually, and proceed with the hear
ing of testimony.
Maurice r. Marr, the newly-elected
secretary OF the Board OF Education
was the first witness. He told OF the
plans made to purchase books for the
pupils and of the arrangements for
their sale and distribution, stating
that the order for the books wa
ready to be placed when the temper
ary Injunction was granted.
Have you any arrangements made
with any company to take back any
books that are left oyer? Mr.. Eaman
asked.
"only the word of the agents" Mr.
Marr replied.
.Is It planned to have this money
which you say will amount to about
80 900, pass through the regular chan
nels In the controllers officer
mo"
why not?"
"It is not taxation. The board
merely collects the money from the
pupils and passes It along to the pub
lisher.'
How many pupils are expected to
take advantage Of this chance?"
About 1900"
"Are you sure It is not 5.5oO7"
"I don't know"
That's It, no one knows, it's all
guess work." commented Mr.. Eaman.
How much time have $500 prin-
cipal and dozen or more $4,000 teach.
ers to sell school books to several
thousand pupils?"
"The principals say the teachers
have time at certain seasons and at
certain times of day"
Suppose the scheme results In a
loss?"
Then the board members will go
into their pockets to make up, tho
deficit"
This answer created considerable
laughter.
How will the fund be cared forf"
'Tt will be deposited, I suppose"
"In whose manner"
Mine"
what check will there be on your
'T don't know"
''who will act as acoountant?"
"T cannot say"
Judge Murfin: ITO whom will the
books be charged until they are paid
for?"
"To the Board of Education"
where is your authority for all
this? Find II In the city charter,
and Mr.. Eaman handed a copy to the
witness. Mr.. Marr admitted that he
might be unable to find II In the
charter.
Denying a charge made by the
Board OF Education that a combina-
tion existed among the booksellers TO
maintain prices, Mr.. Sheehan on the
stand. said that he was ashamed TO
admit that there had been a time
when for year he was not on speak
ing terms with his most prominent
business rival, Mr.. Macauley. He de-
MED emphatically that any under
standing existed.
The case Will not be completed un'
I'll wednesday.