Alfred Caldwell, ex. off. rep. V. 30, June, Sept. and fall special terms of 1887, and the Jan. term, 1888. Fairmont, O. S. M'Kinney, pr., 1888. c. 32+837+50 p. O. shp., $4.50. *West Virginia. Supreme ct. Reports of cases; Alfred Caldwell, ex. off. rep. V. 31, 1888. Fairmont, O. S. M'Kinney, pr., 1889. c. 40+ 872+50 p. O. shp.. $4.50. Wilkinson, W: Cleaver. Preparatory and college Latin courses in English; condensed and consolidated. N. Y., Chautauqua Press, [Hunt & Eaton,] 1889. c. 5-498 p. map, O. (Chautauqua text-books.) cl., $1.30. The preparatory Latin course in English" and "The college Latin course in English' are here condensed into one volume for the use of the C. L. S. C. for 1889-90. *Witthaus, R. A., M.D. A laboratory guide in urinalysis and toxicology. 2d ed., rev., with additions, including a pl. illustrating the colors of urine. N. Y., W: Wood & Co., 1889. il. obl. D. cl., interleaved, $1. Woods, Mrs. Kate Tannatt. A fair maid of Marblehead. N. Y., Frank F. Lovell & Co.. [1889.] 243 p. D. (American authors' ser., no. 1.) pap., 50 c. Inaugurates a new series with a story of the lives of artists brought together among the fisherfolk of Marblehead. The heroine leaves her comfortable Boston home to take charge of the orphan children of her sister. At the end the scene shifts to Europe. *Wurts, J: Index-digest of the decisions of the supreme court of the state of Florida from V. I to v. 23, incl. Jacksonville, Times-Union Book and Job Office, 1889. c. 374+48 p. O. shp., $8. Yonge, Charlotte M. Beechcroft at Rockstone. G: P. Putnam's Sons, 1889. c. 12+389 p. il. D. (The story of the nations ser.) cl., $1.50. Miss Zimmern claims the credit of telling for the first time, in English, the history of the Hanseatic League, a trading alliance or association made first by merchants, then by towns of North Germany, during the 14th century, for their mutual protection on sea and land against pirates and robbers. This union, first made simply for commercial purposes, grew into a formidable polítical power, increasing in strength and influence until the 16th century, when, owing to changed circumstances and the decline of feudalism, its decline also began, the Thirty Years' War completing its downfall. Miss Zimmern has the advantage of a new and interesting subject, which she treats in a spirited and exceedingly clear manner. The volume is a notable addition to this series. Smith, A century of Amer. literature. $1.75; 3.50 1.50 G. W. DILLINGHAM, N. Y. ... 1.25 1.50 6.00 25 1.25 ...... A. C. ARMSTRONG & SON, N. Y. Alexander, The epistles of St. John..... Dawson, The threshold of manhood Milligan, The book of Revelation.... BANCROFT-WHITNEY CO., San Francisco, Cal. Montana Territory, Supreme ct., Reports, v. 8 (Buck) .. THE BLACKSTone Pub. Co., Phila. Kent, Commentaries, v. 2, new rev. ed ROBERT CARTER & BROS., N. Y. Hodge, Recognition after death... C. N. CASPAR, Milwaukee, Wis. Cohen, An eerie he and she Costellow, The sale of Mrs. Adral. New litany (The).......... THE GILBERT Book Co., St. Louis. 1.00 Texas, Ct. of appeals, Condensed reports, 1885-1889.. 1.50 75 GINN & Co., Bost. Dumas, Les trois mousquetaires.... 6.00 80 I.00 1.00 40 60 Van Dyke, How to judge of a picture. Vincent and Joy, History of Rome... Wilkinson, Preparatory and college Latin course CONGREGATIONAL S. S. & PUB. SOC., Bost. Bates, Rose and thorn... Housekeeper, The hermit of Livry............ 1.50 ..... THE GEO. W. CRANE PUB. Co., Topeka, Kan. Kansas, Corporation laws, 1889.. Lean, On circumstantial evidence (1191).. 20 Norris, Miss Shafto (1203)..... 20 ....... Yonge, Beechcroft (1200) 20 Library of American Authors. Lee, Lizzie Adriance (7).. 25 25 25 Libbey, Junie's love-test (11) J. S. OGILVIE & Co., N. Y. Jackman, Fatima... .50 c.; 1.00 PACIFIC PRESS PUB. Co., Oakland, Cal. Moses, Federal government of Switzerland G. P. PUTNAM'S SONS, N. Y. Allen, Korean tales ... LIST OF NEW ENGLISH BOOKS. Selected from the current [London] “Publishers' Circular." Bennet, R. A. R. Marine aquaria: their construction, arrangement, and management. Profuselly illustrated. Cr. 8°. 141 p., 2s. 6d... ..L. U. Gill. Book of wedding days. Quotations for every day in the year. Compilled and arranged by K. C. J. Reid, May Ross, and Mabel Bamfield, with devices and decorations for each day by Walter Crane. 4°. 21S. Longmans. Damien, Father, the apostle of the lepers. Life and letters. Edited, with introduction, by his brother, Father Pamphile. Cr. 8°. 151 p., 1s. Cath. Truth Soc. 1.50 Foy, G. Anæsthetics, ancient and modern: their physiological action, therapeutic use, and mode of administration: together with an historical résumé of the introduction of modern anæsthetics, nitrous oxide, ether, chloroform, and cocaine, and also an account of the more celebrated anaesthetics in use from the earliest times to the discovery of nitrous oxide. 8°. 180 p., 3s. 6d.. Baillière. Helder, A. Chronicles of a health resort. Roy. 16°. Unwin. 284 P., 2S.. 1.25 Zimmern, The Hansa towns 1.50 Pryde, D. The highways of literature; or, what to read and how to read it. Cr. 8°. 244 P., 2s. 6d. Nimmo. White, J. The ancient history of the Maori: his mythology and traditions. Horo-Uta or Taki-Tumu migration. V. 1 to 4. 8°. 42S....... Low. Young, A. Travels in France during the years 1787, 1788, 1789. With an introduction, biographical sketch, and notes, by M. Betham-Edwards. Cr. 8°. 438 p., 3s. 6d. (Bohn's Standard Library.).......... Bell & S. Che Publishers' Weekly. FOUNDED BY F. LEYPOLDT. SEPTEMBER 28, 1889. The editor does not hold himself responsible for the views expressed in contributed articles or communications. All matter, whether for the reading matter columns or our advertising pages, should reach this office not later than Wednesday noon, to insure insertion in the same week's issue. In case of business changes, notification or card should be immediately sent to this office for entry under Business Notes." New catalogues issued will also be mentioned when forwarded. tail part of the trade, because the retailers have lost most of their interest in the business. In the interview with Mr. Cathcart, which we print elsewhere, the retail trade may, we think, justly except to his imputation that they get, or attempt to get, an "extortionate" advance on publishers' prices. We have yet to learn of any case in which a retailer has been able to get, or expects to get, more than a fair return for the service he does in handling school-books or others. The retailers see quite the other side of the shield, as is witnessed by Mr. Jenkins' letter to school-book publishers, which we reprint also in this issue. If the school book publishers, having already in association cured many of the evils of the trade, will now individually settle down on fair fixed prices, low enough to give the people their Publishers are requested to furnish title-page proofs money's worth and high enough to give those and advance information of books forthcoming, both for entry in the lists and for descriptive mention. An early copy of each book published should be forwarded, to sure correctness in the final entry. 66 who handle the books a reasonable margin for their service, a very useful change will have been in-wrought. Of course, publishers must face the difficulty indicated in one of the replies to Mr. Jenkins, which we also print, but in the long run they would gain by being “stiff” in this matter. It is, perhaps, too much to expect that educational publishers will refrain from direct relations with school-boards where the business is so very large as to make it an object for a wholesale house to arrange for it directly. But there ought to be a considerable margin of trade in which the retailer does a real service to publishers and public both, and should have his slight reward for doing that work. Every man is a debtor to his profession, from the which, as men do of course seek to receive countenance and profit, so ought they of duty to endeavor themselves by way of amends to be a help thereunto."-LORD BACON. THE demands of the announcement-lists in our WE are glad to print the straightforward letter from Thomas Hughes in reply to Messrs. Ginn & Co.'s request for a statement of the full truth as to their reprint of "Tom Brown." English au usual Announcement Number prevented our giving space until now to several matters of considerable importance in the trade. The school-book fight in Indiana continues to be of first importance to the educational publishing trade and in a secondary way to retail booksellers. The decision of the Court against Messrs. Ivison, Blakeman &thors are very apt to overlook the difficulties in Co., in the suit which they brought to prevent a change from their books to the State system, is only of incidental importance, yet it may have an important bearing on school-book arrangements in the future. We therefore give the text in full. The State of Indiana is evidently bound to try the State publication system, and its people will probably not come to their common-sense until their own State has repeated the unfortunate experience of Delaware. The State system, it is evident, simply makes a market for minor lines of books on which, very likely, some political ring may fatten. If a State system should succeed, it would of course work an enormous change in the entire machinery of school-book publishing, but every time the experiment is tried, this little development of State socialism fails to work. On the other hand, the educational publishers have comparatively little sympathy from the re which American publishing houses are placed by the lack of international copyright. The best houses desire to deal with the English author as they would with the American, but they have not the same legal foundation for business relations. If, lacking this foundation, they refrain altogether from reprinting English books, they are put at a disadvantage in comparison with unscrupulous competitors who, for instance, may have a rival series in which the use of such books makes the most vital difference in success. In such cases, it is easy to see the dilemma in which the most honest publisher is put. The difficulty is not quite solved from the extreme position which Mr. W. C. Prime, for instance, takes in a recent letter on copyright in the New York Journal of Commerce. The embarrassment to the better part of the American publishing trade is a real one. The attitude of English authors is often very difficult, as in the case of Messrs. Wiley's attempted relations with Mr. Ruskin, years ago, when they ION. were the only reprinters of his works and there THE INDIANA SCHOOL-BOOK DECISwas no danger of competition.. One of their firm called on Mr. Ruskin and offered to put him on the same footing as American authors. His indignation was so decided that it moved him to a treatment of the American publisher which might be characterized by much severer words than even Mr. Ruskin himself would use about American reprinters. THE Copyright Leagues are preparing to go forward when the proper time comes in asking the next Congress to pass the Chace Bill. It is proposed to adopt certain verbal modifications, which, it seems, were needed to make the bill fit in with our present copyright system, but the Committees of the Authors' and Publishers' Leagues find that the Chace Bill is on the whole the best compromise to which they can see their way, and it is therefore improbable that there will be any essential changes. THE difficulties of Messrs. Belford, Clarke & Co. confirm what we said in our last issue as to the over-doing of the reprint business. This house from the first has relied upon bazaar trade and the like to build up its business, yet in its later years it has shown creditable enterprise, which had begun to win for it a reputation beyond that. Its catalogue has been one of the neatest and most effective in the "Trade List Annual," and its list of standards had become very strong, while a number of its editions were good as well as cheap. The business had in all probability been an inflated one from the start, and an end had to come sooner or later. The house had been through several tribulations in its early days under its various titles, and very possibly will have another opportunity to fight for permanent success, as the stock on hand is so large and the interests at stake so considerable that the creditors are likely to decide to back up the house in going on as the best means of realizing its assets. All the same, this result will be a discouragement to the houses in the trade who do not fail and who have to stand the severe competition of underselling and compromising houses, while they are paying 100 cents on the dollar. JUDGE WOODS, of the U. S. Circuit Court held the school-book case on the 7th inst. He reat Indianapolis, handed down an opinion in fused the injunction asked by Ivison, Blakeman & Co., and the Indianapolis School Board has therefore begun the use of the books prescribed by the new Indiana laws. It will be seen from the opinion, given in full below, that the Court refused the injunction on the ground that there was no contract for a period of years as alleged. The bill of the complainants is to the effect that in May, 1888, the Board of School Commissioners of the city of Indianapolis entered into a contract with the complainants, whereby, on terms stated, Swinton's geographies for the term of six years; that the complainants were adopted for use in the schools of the city, have fully complied with the contract on their part, but that the Commissioners, supposing themselves bound in law to such action, are about to adopt and introduce, to the exclusion of complainants' books, books to be supplied by contractors under a certain act of the Legislature of Indiana, of date March 2, 1889, Acts 1889, page 74; that said act, besides being in violation of the Constitution of the State, for reasons stated, is invalid in respect to the contract of the complainants and Board of School Commissioners aforesaid, and in violation of the Constitution of the United States, because, if upheld, it would imThe bill shows pair the obligation of contract. that at the regular session of the board, on May 4, 1888, a resolution was passed that Swinton's geographies be adopted, provided satisfactory terms could be obtained with the publishers, and that after conferring with the board complainants signed and submitted to the board at its session held on the 18th day of May, 1888, the following proposition : "This paper is to certify that if Swinton's geographies be adopted by the School Board of Indianapolis, Ivison, Blakeman, Taylor & Co., as publishers of said books, will furnish them to the pupils of the public schools of Indianapolis in accordance with the following conditions: "1. Swinton's Introductory Geography to be given in even exchange for all Guyot's Elementary Geography presented by such exchange upon an agreed date acceptable to both parties to this agreement. 2. The same of Swinton's Grammar-School Geography for Guyot's Intermediate Geography. 3. And Swinton's Grammar-School Geography to be given for a copy of Guyot's Elementary and 35 cents, if presented at date mentioned above. 4. A donation of 250 copies of each book, Swinton's Introductory and Swinton's Grammar-School, to be made, to the School Board. 5. The publishers to furnish teacher's desk in every case with a copy of the books used in her grades. 6. Introduction rates of 40 cents for Introductory and 90 cents for Grammar-School, to continue for one year. 7. Regular prices after one year to be regular wholesale prices, subject to any deduction that may, for any reason, be made in said books by the publishers. "The prices are in no case to be increased during the term of use of such books in Indianapolis. IVISON, BLAKEMAN, TAYLOR & Co." "At said meeting it was moved by a member of the board that said proposition be adopted by said board, and the agreement concurred in, which was then and there done, as fully appeared from the files and records of the board. "At the threshold, manifestly, is the inquiry whether the complainants have the contract right which they assert. If not, they have no cause of complaint against the co-respondent, and no right in this court, certainly, to bring in question the validity in scope of this act of the Legislature of the State under which, it is alleged, the respond ent is about to take action in hostility to complainants' interest. By the seventh clause of Section 4460, the Board of School Commissioners are empowered to establish and enforce regulations for the grading of and course of instruction in the schools of the city. In this clause, helped out possibly by complications from Section 4436, must be found whatever authority there is for making such a contract as the one in question, and considering the principle that grants of power to municipal corporations are to be construed strictly, it is not clear that the board had power to bind itself by a stipulation that the books adopted would continue in use for a stated period of years. "This power to select or adopt books was given mainly, at least, for the benefit of the public and to be used as occasion should require, and it is not consistent with the design that in a single exercise of it the board abrogate or annul it by stipulating that it should not for a time stated be exercised again. If this could be done for six years, it could for sixty. But whatever the power of the board in this respect may have been, the proposition submitted by the complainant and accepted by the board, constituting whatever contract there is between them, do not show an agreement that complainants' books shall be used for the term of six years, or for any definite time. 'Indeed, I am not clear that, by this transaction, the board can be deemed to have come under any obligation to the complainants whatever. It seems rather to have simply exercised its authority to adopt, and, as a condition of its action, to have exacted of the complainants a promise to furnish the books at the prices stated 'during the term of use of such books in Indianapolis' that is to say, so long as such books should be used in Indianapolis. That the understanding at the time was that the board was closing and binding itself to do nothing beyond the adoption of the books is indicated in the first sentence of complainants' proposition: This paper is to certify that if Swinton's geographies be adopted by the School Board of Indianapolis, Ivison, Blakeman, Taylor & Co., as publishers of said book, will furnish them,' etc., and in the entire document, and in the resolutions adopted by the board, there is no suggestion of a condition, covenant, or promise that there should be, after the adoption, any further action or liability on the part of the board. Practically, the action taken was simply a grant by the board to the complainants of the exclusive privilege or right to furnish to the pupils and patrons of the city schools the books specified upon the terms stated until other books, instead of these, should be adopted that is to say, during the pleasure of the board-and in this view the doctrine is applicable that a grant of franchise and special privileges are always to be construed most strongly against the donee and in favor of the public. (Trimph Co.'s Illinois, 96; U. S., 63; Slidell & Grandyear, III. U. S., 412; 130 U. S., 1.) "But aside from this doctrine, and conceding that the complainants have the contract which should be interpreted by the ordinary rules, there is in it no such ambiguity or incompleteness as to admit of extraneous evidence to explain its meaning or to enlarge its scope. The affidavits, therefore, introduced on the propositions of complainants that the parties intended a contract for six years must be rejected, and the intention must be deduced from written proposition of com plainants and resolution of acceptance by the board, and from these, as already stated, it does not appear that any term of use was stipulated. The requirement in Section 4436, that no textbook adopted by the county board shall be changed within six years from the date of adoption, in no manner helps out the claim of the complainant for a contract or privilege for six years, because that provision has no application to cities, and even if applicable, it could lend no force to the contract, because by the unanimous consent of the county board, change could be made at any time. "It is suggested, however, that by its by-laws the board can make no change of text-books except at its April session, and consequently there can be no action upon the subject now, except it be under the act of the Legislature, and, therefore, the validity of that act is in issue, even if plaintiffs' contract is for no definite term of use. The sufficient answer to this is that by the terms of the law changes may be made at any time by a two-thirds vote of the members of the board. It follows, then, that the application must be denied, and it is so ordered." In discussing the foregoing opinion of Judge Woods, Mr. Cathcart, of Ivison, Blakeman & Co., said in an interview with a reporter of the N. Y. Tribune: "The public school system of Indiana," Mr. Cathcart said, "has for several years been ranked with that of the leading States of the Union. Large appropriations have been made for its maintenance, and liberal laws have enabled cities, towns, and local boards of education to build fine school-houses and employ efficient teachers. Among the various powers thus delegated to these boards was that of selecting the text-books and making contracts with publishers for supplies. The patrons of the public schools, those who pay the taxes for their support and exercise a personal supervision over them, naturally had the deepest concern in their welfare; and one would suppose they would seek to buy whatever was required for the use of the schools in the open market, where the best article could be had at the lowest price, through the natural laws of competition. But the blight of the Socialistic wave, which has bred such distress and havoc to railroad and other corporate and moneyed interests in some of the Granger States, fell almost untowardly upon the school-book publishers, and they were quickly denounced as a ring of extortioners and robbers, and more lately as a great Trust combination of evil portent. In some of these States the school-book publisher has been made a party issue in politics, and every conceivable misrepresentation has been put forth to blind the people as to our position, and to make them feel that we are really an octopus which will gradually strangle them unless destroyed. Legislative action has in some cases been sought, and bills innumerable seeking alleged relief have been presented. The only serious outcome of it all has been the present law of Indiana, which was passed by the last Legislature of that State. This law provides that the State Board of Education shall ask for proposals for supplying books to the public schools of Indiana, conforming to a certain standard, and at prices which are named, and the books thus selected shall be used throughout the State to the exclusion of all others." "Can they secure just as good books?" "That is just the issue. The standard of |