CASE AND C0EEE8P0NDENCE ^^ 1 KESPECTING THE PRICES OF BOOKS* *^ FOR SCHOOL LIBRARIES AND PRIZES, 1874. P^NTBB BY HUNTER, ROSE A!\rint\,iriu;u.ii^ Education Office, Toronto, "' I' ' ..-.,M :.nf; M-'^V'^' ; . ^ . . . 24th July, 1874. My Lord, — The School Law authorizes the Chief Superin- tendent of Education, when he deems it expedient, " to submit " a case o.n any question arising under the High or Public " School Acts to any Judge of either of the Superior Courts for "his opinion or decision, or with the consent of such Judge, " to either of the Superior Courts, for their opinion or decision." In accordance with this provision of the School Law, I am in- duced to solicit your opinion as to what should be regarded as the cost prices of books provided by the Educational Depart- ment for Library Books and Prizes for the Public and High Schools, and who should determine those prices — I am induced to make this application under the following circumstances : — From the beginning I have not only procured such books, but determined their prices, while the Council of Public In- struction has decided to recommend or not recommend their use ; and in applying to Government and the Legislature for authority and pecuniary grants for that purpose, I have ex- plained what I regarded as the cost of such books and the terms — cost prices — at which I proposed to make them accessi- ble to Municipal and School Authorities onl' , to enable them to perform the duties imposed upon them by law m a manner the most efficient and beneficial to the public. Of late years, it has been contended on the part of certain booksellers, that they could supply the Municipal and School Corporations with such books upon as favourable terms as the Educational Department, and that it was unjust to prevent them from doing so. I have said otherwise, but that 1 had no objec- tion to afford them an opportunity of trying to do so, though I did not think it would amount to anything. Accordingly, in the School Acts passed last session, provision is made by which Municipal and School Corporations may procure of book- sellers such books as are sanctioned by the Council of Public Instruction for Libraries and Prizes in the Public and High Schools, and that I am to pay on e kuiidieJ per cent, of the prices of such books, provided that 1 " shall not pay more than- " one-half of the cost of the books so purchased eleswhere, ac- " cording to the prices specified for them in the printed cata- " logues or in tb^ authorized U8,ts published in the Journal of "Education." ^ .niii/Tm >«> ^ idv.mi. . -riiH > r-iH" It has recently been objected by certain parties that I have not, according to their construction of the law, set down the full cost of the books in my statements and estimates, and that I have placed the prices of the books below the cost ; and these- parties have, furthermore, insisted that the prices of any books- submitted by a bookseller, and sanctioned, should be inserted in the official lists at his prices, and not those at which the- same books can be procured at the Education Department, d: the other hand, my view is, that such a procedure would' make the Council of Public Instruction a mere advertising agency for certain booksellers to sell their books at their own prices, to be half paid for out of the public revenue, whereas the Legislature never intended that the prices of books for libraries and prizes in the public schools should be increased beyond cost prices to the Municipal and School Corporaticins, and that those cost prices must be determined by the Chief Superintendent, or by the Council of Public Instruction, who have nothing to do with the prices at which booksellers may- dispose of their books, but who must determine the prices in> the authorized itrinted catalogues at w'lich the books can be p ared at the Depository of the Education Department. As the new law does not clearly define as to whether the- prices of the books on the official catalogues are to be deter- mined as heretofore, or by the Council of Public Instruction, I have thought proper to refer it to the Council tp fix the prices, as well as authorize the books, and suggesting the- appointment of a committee to report upon the principle and. scale of prices at which i-he books authorized may be procured, at the Department. That Committee reported as follows : — "The Chairman presented the report of the Committee- " appointed at the last meeting in reference to the principles ou. " which the prices of books are fixed." " The Report was to the effect that, the Committee felt that *' there were certain preliminary difficulties in the consideration. " of the question submitted to them and agreed that it would "be unwise to proceed further in the enquiry until the Chief' "Superintendent had obtained an authoritative decision as to the " meaning of the terms "cost," "prices," and " grant," which ♦' occur in the sections of the Act which refer to supply to the: ■*' schools of the books sanctioned by the Council of Public In- struction. ,,^,^ ,^^j ^^^.|j. ,„„,,,.^,^ {,, ,t;i:ij>, i;u'4 ju \> aj^wi.ku u; Under these circumstances, and in accordance with this recommendation of the Committee, 1 submit for your opinion Jthe questions involved. In order that you may examine the whole subject from the beginning, as far as you may think proper, I have requested the Deputy Superintendent (Dr. Hodgins,) to prepare a memoran- dum, giving extracts from the Laws, and Reports, &c., in which the words "cost," "prices," and "terms" have been introduced and repeated in successive acts, and other official papers. This memorandum will show the immense paijis which I have taken to advance, step by step, and avail myeelf of the best experience and Counsel of Europe and America, to mature this important branch of our educational system, and in what sense all the terms submitted have been employed and applied from the beginning. On the the 20th, 21st, 22nd and 23d pages of this memorandum will be found a succinct recapitula- tion of the question on which your opinion is solicited. ,- I have, &c., -iii^ /ss'^iu/'tii w »«ut ,aw«/i/vi (Signed) uili oE. KyeRSON. The Honourable _ ,: , . i t>.^.:.wi ^■^K xl The Chief Justice of Ontario. ■ '■... : -i.- CASE. . {..- '.^ - -.■^j^lr: ■Submitted by the Chief Superintendent of Education to the Hon- ourabls Chief Justice Richards, of Her Majesty's Court of Queen's Bench, under the authority of tJie Srd clause of the 32nd section of the Consolidated ScJwol Act, '67th Fid., chap. 27, as follows: — 32. The Chief Superintendent of Education shall have authority, «hould he deem it expedient : 3. To submit a case on any question arising under the High or Public School Acts, to any jadge of either of the Superior Courts, ior his opinion and decision, or with the consent of such judge, to «ither of the Superior Courts, for their opinion and decision : In construing the words "prices" in sub-section 26, and clause ■c of sub-section 27, of section 27 of the above quoted Act, taken ^ly' 6 in connection with the same words in sub-section 27, and No. 4 of clause a of sub-section 29, of section 31 of the same Act j and in construing the words " cost " in sub-section 29, and Nos. li and 4 of clause a of the same sub-section, two questions arise : — 1. Whether (a) the Council of Public Instruction, (b) tho booksellers (or other parties) sending books for the approval of the Council, or (c) the Chief Superintendent, has the right to fix theprices at which the books shall be supplied to the schools. 2. Whether the words " prices " and " cost " used in the above quoted sections are convertible terms, and mean the same thing, or whether the meaning of these words : " prices and cost" is not affected by the phrase "upon the same terms," used in sub-section 9, of section 33 of the Act, whici originally occurs in the School Act of 1855, but which was inserted in the Con- solidated School Act of 1859, and also in this Consolidated and Amended Act of 1874. The portions of the School Act of 1874, quoted above are, aa follows: — .,..,.;. ,., . .1.;. ,.;,,.,., „ . ;;: ,-• . ^ iLv. ■'-:-■ ■- •■.- '--:^ -- — •■;■ -1M.> i!-;: 8. Powers and Duties of the Council. 27. It shall be the duty of such Council, and it is hereby em- powered : — D. Text, Prize atid Liln-ary Books — Superannuated Teachers — A nnual Report. 24. To examine, and at its discretion, recommend or disapprove of text-books for the use of schools, or books for school libraries and prizes; , , 25. To make regulations in regard to school libraries; ' 26. To examine, or cause to be examined from time to time, any bookd, the names of which have not heretofore appeared in the catalogues of the Educational Department, and which may be for- warded (with a statement of their prices) to the Department by book- sellers or other parties, who may have the same for sale ; 27. To determine whether inch books ought or ought not to re- ceive the sanction of the Council for libraries or prizes in the Public and High Schools, and Collegiate Institutes; (a) The decision of the Council in respect thereof is, without- delay, to be communicated to the said booksellers or other parties concerned ; (b) The books so forwarded are, on application, to be returned to- the persons forwarding the same; (c) The names and prices of the books when sanctioned shall he- published in the next number of the Journal of Edu^cation, with the dates respectively at which the books were received at the Educa- tion Department and laid before the Council for examination. 2. Duties op the Chief Supeeintendbnt of Education, ' 31. It shall be the duty of the Chief Superintendent of Educa- tion: — 26. To submit to the Council of Public Instniction, all books or manuscripts which are placed in his hands, with the view of obtain- ing the recommendation or sanction of the Council for their intro- duction as text, library or prize books; 27. To cause to be printed from time to time a catalogue, showing the names and prices of all the books which are or may be sanc- tioned by the Council of Public Instruction for libraries and for prizes in the Collegiate Institutes, High and Public Schools ; 28 To cause to be printed each half year, a catalogue of any ad- ditional books which may be sanctioned by the Council for said purposes ; 29. To authorize the payment, out of any moneys appropriated by the Legislature for that purpose, of one-half of the cost of any prize or library books sanctioned by the Council of Public Instruc- tion, for Public and High Schools and Collegiate Institutes, which may be purchased by a Municipal or School Corporation from any bookseller or other parties, instead of at the Depository of the Edu- cation Department; (a) Such payment shall be made to the order of the Corporation purchasing any of the books specified in the catalogues or lists sanc- tioned by the Council, on the following conditions; — 1. The Chief Superintendent shall be duly certified of the facts; 2. He shall be furnished with the usual guarantee as to the proper disposition of the books, which may be purchased elsewhere than at the Depository; 3. He shall be furnished with certified vouchers of the cost, edition, and binding of the books so purchased elsewhere ; 4. He shall not pay more than one-half of the cost of the books so purchased elsewhere, according to the prices specified for them in the printed catalogues or in the authorized lisis of such books pub- lished in the Journal of Education. \fHm-iu 10. Certain Grants AuTHonzED. tS. Out of any grants made from time to time in aid of Public and High Schools, the Lieutenant-Governor may authorize the expenditure annually of such sums as may from time to time be voted by the Legislative Assembly for the purposes following; — 2. Through the CJiief Supenntendent of Education. 6. For the purchase, from time to time, of books, publications, specimens, models, and objects, suitable for a Canadian library and museum, to be kept in the Normal School buildings at Toronto, and to consist of books, publications and objects relating to edtica- tion and other departments of science and literature, and specimens, models, and objects illustrating the physical resources and artilicial productions of Canada, especially in reference ix) mineralogy, zoology, agriculture, and manufactures ; 7. For supplying a copy of the Journal of Education to every School Corporation, and every School Inspector ; 8. For the establishment and support of libraries in connection with the Schools ; 9. For providing the Schools with mapn and apparatus and prizeH upon the same terms, and in the same manner as books are provided for School libraries ^ 10. For the payment of a salesman and assistant clerks of the public library, prize, map and school apparatus depositories, in connection with the Department of Public Instruction. The whole of the sab-sections 26 and 27 of section' 27, and sub-sections 27, 28 and 29 of section 31, of the Act 37 Vic, cap. 27, are new, and form part of the amendments made to the School law in 1874 ; but sub-sections 24 and 25 of section 27, sub-section 26 of sub-section 31, and the whole of section 33, formed part of the Consolidated Statutes, 22 Vic, cap. 64. The sub sections quoted were originally papsed in 1850, while section 33 was passed in 1855. In construing the word "cost," in the Act of 1874, the phrase " upon the same terms " (which was first used by the Legislature in the School Law in 1855, and re enacted in a consolidated form — without alteration — in 1859 and 1874) would throw some light on the question, especially as the " terms " upon which schools were supplied with library books in 1855 are explained by the Chitf Superintendent of Educa- tion at that time to mean " at cost," — including charges — with the 100 per cent, bonus allowed by the Legislature. In order to understand the intention of the Legislature all through its enactments on this subject, it will be necessary to give an historical resamA of the whole question, and to quote those portions of the successive statutes and oflScial documents and explanations which bear directly upon the subject. I, In 1848, Dr. Eyerson, the Chief Superintendent, submitted a draft of a Bill to the Government, in the 13th section of which he proposes to set apart £2,000 ($8,000) annually for commencing a system of school libraries, accompanying it with the following remarks : — " The Thirteenth Section proposes a small provision for commencing the establishment of Common School Libraries. I propose to do so on the same principle and in the same maimer with that which has been so extensively and so successfully adopted in the neigh- bouring States — except that the regulations for this purpose are iliere made by the solo autliority of the State Superintendent of Sc^ioola, whereas I proj)08e that hen; such regulations shall be sanc- tioned by the (lovemor General in (Council. " On the importance of such a provision, I need not say a word. On this section becoming law, I shall soon be prepared to submit a draft of the requisite regulations for carrying it into effect, and also to suggest means by which a selection of suitable books may be made and procured from England and the School Libraries of the States of Massachusetts and New York, and submitted to the con- sideration of the Board of Education, and then the modes of procuring, at the lowest pt-ices, for any part of Upper Canada, the books ^hich the Board may sanction for Common School Libraries." Tne provision here recommended was partially adopted in the School Act of 1849. With a view to prepare the way for establishing the contemplated libraries, the Chief Superin- tendent, in 1849, addressed the following letter to the Provin- •cial Secretary : — "'•p' J 1 »i<■'»• J" ('-. !>'iji"''*iv'iv./.!«,l.i'. .■■1 ' Any further steps for giving effect to the plan thus proposed, were deferred for more than a year. In 1850, the Chief Superintendent again submitted a plan for the establishmeut of school libraries to tlie consideration of the Governor-General in Council, in a letter, of which the fol- lowing is a copy. "(Copy,) Education Office, \ Toronto, 21 st September, 1860. " Sib, — I beg most respectfully to solicit the attention of His " Excellency the Governor-General, in Council, to the letter which '■ 1 had the honor to address you the 16th July, 1849, on the steps " preparatory to the introduction of School Libraries in the several "Counties, Cities, Towns and Villages of Upper Canada. That " letter was printed as part of the correspondence in the School " Law of Upper Canada, laid before the Legislature at its last ses- " sion, and printed, pages 65, 66. I hereto annex a copy of it [See " the letter last above quoted.] "I am fully satisfied of the propriety and practical character of " the recommendations contained in the annexed copy of that letter. " During the last few weeks I have attended at Philadephia, a " National Convention of three days' continuance, the object of " which was the universal diffusion of thorough Christian Eduoa- " tioii throughout the several United States, embracing a considera- " tion of the several systems of Ptiblic Instruction and Educational '* Institutions from Primary Schools up to the Universities, their " defects and remedies for them. This Convention was attended by " State Governors and State Superintendents of Schools, Presidents "and Professors of Colleges, Educationists and distinguished •' Teachers, from various States. In my intercourse with many of " these gentlemen, of large experience in matters of popular Educa- " tion, I found, without exception, the moat tinreserved approval of " the plan which I propose for tKe introduction of School Libraries " into Upper Canada. I was informed by several of them, that the " most serious drawback to the success of their system i>f School " libraries with the older States is the heterogeneous collection of " unsuitable books which have been largely introduced into them, " by the pressing competition of the rival publishers and itinerant "book vendors, in the absence of any Judicious State Board to " select and recommend Library Books. Repeated attempts have " been made in the States of Massachusetts and New York, to " remedy this evil, which has brought discred't upon their library "system, and paralyzed it in many places ; but though the subject - "has been discussed in books, pamphlets, and addresses, and "pressed in official reports, the evil continues, from opposition " made by the rival parties who are each iiderested in sellhiy his own * ' books, and at aa high prices as posdble. 1 was assured without "exception, by these experienced American Educationists, that had " they at the commencement of their State system, adopted regula- " tions and measures similar to those provided by law in Upper " Canada, in regard to School Text and Lihranj Books, the progress ' * of their Schools and Libraries would have been much more rapid ' * and satisfactory ; and some of them expressed the opinion that " there was little hope of much improvement in their Common " Schools, beyond the limits of Cities and Towns, initil some such " system as had been provided by law amongst us, should be adopted "among them in regard to Text and Library Books, and the in- " spection of Schools. Indeed, — *' -"^ ' • (1.) Extract from Circular dated October, 1853. ... ^ PUBLIC SCHOOL LIBRARIES — FIRST APPORTIONMENT OF THE LEGISLATIVE LIBRARY GRANT. To the Mwnidpalitiea of Tovonships, Citieg, Towtis, tillages, and School Sections. . ,„„; The time having arrived for making the first apportionment of the Legislative Grant for the establishment of School Libraries in Upper Canada, the Chief Superintendent of Schools proceeds to ex- , plam the basis on which he proposes to make the appoi-tionment, '.,, and the manner in which he thinks, under the circumstances, it , should be made. ., 2. After much consideration, and in harmony with the principle ^ on which the School Fund in each Municipality is distributed, local ;. exertion (and not property or population) appears to be the most equitable basis of apportioning the Library Grant, and that which is likely to give the most general satisfaction and to exert the mosti-^. beneficial influence. The principle of aiding each School Munici- pality (whether it be a Township, City, Town, Village, or School Section) in proportion as it exerts and helps itself, is, upon the whole, unobjectionable, and is best calculated to excite and bring into action that kind of interest and public spirit which are the life of any general system of social advancement. This, therefore, is the principle on which the Library Grant will be distributed. 3. As to the amount to be apportioned to each Municipality — whether a School Section or Township — it has been decided to add, 2 18 in the first apportionment, seventy-Jive per cent, to all sums raised by local exertion — thus apportioning £9 for every £12, and £75 for every £100 raised in a Municipality, and so on, in the same ratio for larger or smaller sums raised by local effort. .^ ,^. »t .{j(U *• - (2) Extract front Circular, dated January, 1864. " ' • " As I have been able to obtain many of the books on more favourable terms than formerly, you will find a considerable number of your books charged less than at the prices marked in the printed catalogue — one object that I have in view being to pro- vide the books at the least possible expense to the municipalities." In February, 1855, the following official circular and notice relating to School Libraries were issued : — .j...,j .^{^f.„, vij-^, (,„r , . ..-j.,i,-., - Ji.i (official CIRCULAR.) *■>" *^"*'**^ " ''>''^ To Municipal Couii^ila and School Gorpwations in Upper Canada, who have established Public Libraries. The undersigned, has great pleasure in stating to all those Munici- pal Councils and School Corporations in Upper Canada, who have established Public Libraries, [upwards of 200 in number,] that he will add twenty-five per cent, on the sums heretofore apportioned to them severally for Public Libraries. The apportionment will thus be increased to one hundred per cent, upon all sums of money raised from local sources for the same purpose. Each Municipal Couneil and School Corporation concerned can select Books from the Official Catalogue to the amount of twenty- five per cent, upon the sum or sums already contributed by them, and forward their orders to this department ; and the books will be packed up and forwarded as fast as the work can be performed. In case any particular book or books requested may not be on hand, or cannot be procured, corresponding books will, as far as possible, be selected from the catalogue and forwarded ; and, when desired, the selections of any part, or of the whole of the books to the amount apportioned, will be made by this department. In each case, please state the person to whom, and conveyance by which, it is desired that the books shall be sent. E. Ryebhon. EntroATioN Offiof-, Toronto, February 1st, 1855. PUBLIC LIBRARY NOTICE. To Municipal CounciU and School Corporatioru in Upper Canada. Until further notice, the undersigned will apportion one hundred p«r cent, upon all sums which shall be raised from local sources by :%9 Municipal Councils and School Corporations for the establishment or incrense of Public Libraries in Upper Canada under the regula- tions proA'ided according to law, %:i E. Byebson. Educatiotv Office, Toronto, February Ist, 1855. i'jRif ' The " terms " on which Public School Libraries were supplied by the Education Department in 1855 are more fully stated in the following account of the " Duties of the Department," pub- lished in the Journal of Education for March of that year, as follows : — VV'" v DUTIES OF THE DEPARTMENT OF PUBLIC INSTRUCTION ■ ' FOR UPPER CANADA. ;'t' As much is said, and much inquiry is abroad in regard to the du- ties of Public Departments, it may not be improper to give some account of the duties of this department. * * * .;,. ******* The several branches into which the department has been divided, are as follow : — 1. Coimcil of Ptiblic Insi/ruction : — i^i^' ■h^i^rifh'tiMi^al'mii'm^ ■ 2. Map and School Apparatiis Depository. ■* 3. Public Library Depository : — This branch includes the procur- ing and providing books for the Public Libraries, catalogues, regula- tions and correspondence relating to them. Nearly 4,000 different K^works are contained in the catalogue, the selection and examination of which, for the sanction of the Council of Public Instruction, and arrangements for procuring which, from more than fifty publishers in Great Britain and the United States, have involved an amount of time and labour during more than two years that can hardly be con- ceived. Not far from 150,000 volumes have been procured, and up- wards of 90,000 volumes have been supplied to municipalities and school sections, during little more than twelve months. To obtain and 't-i keep up the necessary supply of books, orders for them must be made 1m \ip and sent off from month to month, the payments made, and the ^« books, when received, must be examined by the invoices, and de- -^. posited in their respective places ; then when an application is re- : oeived from a municipal or school corporation, with a list of the books desired, or request that books to a certain amount be selected for them, the books desired or selected are marked on the margin of the printed general Catalogue, one copy of which is used and retained in the department for each libjrary . On the outside of this catalogue are entered the name of the municipal corporation, the number of the library, the amount of the local appropriation and governmen- tal apportionment, the value of the selection made by the local authorities, together with such other entries as may be required, such as the address of the party to whom the library is to be sont, dates and numbers of letters, relating to the library, &c. After having been examined by the Chief or Depnty Superintendent, and such additions made to the selection of books, as will cover the amount of the library desired, the catalogue is sent to the Library Depository, where the books are selected and checked, and carried to the packing room, where they are again called over, checked and packed in boxes, together with the necessary quantity of labels and wrapping paper for covers for the books sent. From this checked catalogue, the invoice is made out and sent to the corporation 'or whom the library is intended, together with the shipper's or carrier's receipt for the boxes delivered. The pecuniary advantage of this system of libraries to the country may be conceived, when it is considered not only how great a variety of useful books are introduced and made accessible to all parts of Upper Canada, which were never before brought into the country, but that these books have been purchased on most favourable terms, atid are s^tpplied at cost, and that the entire expense of management, in- cluding difterence of exchange, transportation, insurance and all con- tingencies, has not exceeded thirteen per cent, on the sums paid for the books in England and the United States. j,r.«3.:s t:. nm^vru- ^ Two months after this statement of the " terms " on which Public Libraries were suppplied to the schools, the following Act was passed, in which the Legislature recognized these terms and directed that they should be applied to the supply of maps and apparatus as follow^ : AN AOT TO MAKE FURTHER PROVISIONS FOR THE GRAMMAR AND COMMON SCHOOLS OF UPPER CANADA 18TH VICTORIA < CHAPTER 132. [Beceived Royal Assent, SOth May, 1865.] Whereas it is expedient to make further provision for the pro- motion of education and the diffusion of useful knowledge in con- nection with the Grammar and Common Schools of Upper Canada : Be it therefore enacted by the Queen's MostExcellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ire- land, and intituled. An A cf to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, as follows : I. The additional grants which have been made or may be made during the present session of the Legislature, for Grammar and Common School purposes, in Upper Canada, shall be annually dis- posed off, in the following manner : 3. A sum not exceeding two thousand and five hundred pounds per annum, may be expended in providing the Grammar and Com- mon Schools in Upper Canada, with maps and apparatus, upon the same terms, and in the same manner as books are or may be provided for Public School Libraries ; 4. A sum not exceeding three thousand five hundred pounds per annum, may be expended as heretofore provided by law, in further aiding in the establishment and extension of Public Libraries in con- nexion with the Grammar and Common Schools in Upper Canada ; 5. A sum not exceeding ^hree hundred and fifty pounds per an- num, shall be allowed for the payment of two assistant clerks and a salesman of the Public Library, map and school apparatus deposi- tories, in connexion with the department of Public Instruction in Upper Canada ; 7. The whole of the remainder of the said grants shall be ex- pended as further aid to common schools in Upper Canada, according to the provisions of the Common School Acts of Upper Canada, and of this Act. ■ri'*'- After the passing of this Act, the Chief Superintendent issued the following notices in the Journal of Education, for June, 1855 : — PUBLIC LIBRARY NOTICE. , ,. To Mnmeipal and School Corporations in Upper Canada. Until further notice, the undersigned will apportion one hundred per cent, upon all sums v*rhich shall be raised from local sources by Municipal Councils and School Corporations, for the establishment or increase of Public Libraries in Upper Canada, under the regu- lations provided according to law. In selecting from the General and Supplementary Catalogues, parties will be particular to give merely the catalogue number of the book required, and the department from which it is selected. To give the names of books without their number and department, (as is frequently done,) causes great delay in the selection and des- patch of a library. The list should be on a distinct sheet of paper from the letter. E. RyebsoN' Education Office, Toronto, 1st February, 1855. MAPS AND APPARATUfcJ.— NOTICE. The Legislature having acceded to my recommendation to grant annually, from the commencemei^t of the current year, a suflBcient sum of money to enable this Department to supply Maps and Appa- ratus (not text-books) to Grammar and Common Schools, uponlthe same terms as Library Books are now supplied to Trustees and Munici- palities, the undersigned will be happy to add one hundred per cent, to any sum or sums, not less than five dollars, forwarded to the Department, and to forward Maps, Apparatus, Charts and Diagrams to the vahie of the amount thu,s augmented, upon receiving a fist of the articles required by the Trustees. E. RYERSON. Education Office, Toronto, 18th June, 1865. j32 ' Daring 1856, 1857, 1858 and 1859, those "terms" and " manner" of supply remained unchanged ; and, in 1859, the ; various Conunon School Acta were consolidated into 22nd Vic, s eh. 64. The Sections of the Act of 1855, just quoted, will be found in Section 1 20, as follows : — 12U. Out of the share of the Legislative School Qrant coming to ,' Upper Canada, and the addititional sums of money from time to time graiited in aid of Common Schools, or in aid of Common and - Grammar Schools in Upper Canada, and not otherwise expressly appropriated by law, the Governor in Council may authorize the '. expenditure of the following sums annually. 1. Under the Regulations of the Council of Ptiblic Instruction. , # ♦ # # # # 2. Through the Chief l^'tiperintendent of Edttcation. .^, C. For the establishment and support of Public School Libraries, in connection with the Common and Grammar Schools, a sum not ., exceeding $26,000. ;,' D. In providing the Grammar and Common Schools with maps and apparatus upon the same terms, and in the sam£ maimer as books are provided for Ptihlic School Libraries, a sum not exceeding $10,000. E. For the payment of two assistant clerks, and a salesman of the public library, map and school apparatus, depositories in con- nectitm with the Department of Public Instruction, a sum not exceeding $1,400. These " terms" and the manner of supply continued un- changed during the years 18)9 to 1874, inclusive. In 1874, the provisions r>f this 120th section of the Act, 22 Vic, eh. 64, were again consolidated, and will b'' found in section 33 of the Act, 37 Vic, ch. 27, as follows : ,T 10. Certain Grants Authorized. 33. Out of any grants made from time to time in aid of Public and High Schools, the Lieutenant-Governor may authorize the ex- penditure annually of such sums as may from time to time be voted by the Legislative Assembly for the purposes following : — 1 . Under the authority qf the Council of Public Instruction. # » « « # * 2. Thro^igh the Chief Snperi/iitendent of Education, 8. For the establishment and support of libraries m connection with the Schools ; 9. For providing the Schools with maps and apparatus, and prizes 2*. upon the same iorms, and in the same manner aa books are pro" vided for School Libruries ; i 10. For the payment of a salesman and assistant clerks of the : public library, i)rize, map and school apparatus depositories, in connection with the Departir nt of Public Instruction. ',''■ '•- - - It will be thus seen that the phrase " on the same terms," which occurs in the Act of 1874, refers to the " terms" (as to the " prices" or " cost" of the library books supplied to the Schools) which were explained and defined by the Chief Super- intendent in 1855, the date at which the original Act contain- ing these words was passed. These " terms " the Chief Superintendent shows were the furnishing of Public School library books, from the Depository " at cost " — that is, the price which he paid for these books, in- cluding exchange, transportation, insurance and all *' contin- gencies, not exceeding thirteen per cent." ' ■'^'•'■' ",' Another question here arises as to whether in fixing the ^^ prices" or " cost" of the books supplied to the schools by (1) the Council of Public Instruction, ?2) the booksellers, or (3) the Chief Superintendent of Education, tnecharge for salaries of clerks and salesman in the Educational Depository, at all events to the extent of $1,400 per annum, as fixed by the Act, should be reckoned in the "cost" or "prices" of books furnished to the schools. The Act, as will be seen, provides for the Depository salaries out of a *' Ghunt" or "Gift" by the Legislature, as much so as the '' Grant " or " GHft " for superannuated teachers. Journal of Education, or other object, as mentioned in the 1 20tl ' section of the Consolidated Act of 1869, or in the 23rd section' of the Act of 1874. 'i A further question has been raised, and that is,' whether in * fixing the ' prices " or cost of prize and library books, an esti-'I mated sum for rent, for taxes, and for interest on the Legislative '^i Grant (none of which liave ever formed part of the expenditure of the Depository) should be included in those " prices " and , cost ot the books — in other words, whether the Education De- partment should provide for an absolute profit out of the books supplied to the schools, over and above expenses, which would, of course, be payable into the Provincial Treasury, and form part of the casual revenue. Having now stated the case, and given copious extracts from the various Statutes, official explanations, and regulations bear- ing upon the subject, it is proper to recapitulate the several questions which are raised in this document and submitted for decision, as authorized by law, viz. : — 1^ 24 Qtiestion 1st. Whether the " prices " or " cost " to the schools of the prize and library books sanctioned by the Council of Public Instruction should be fixed — (1.) By the Council of Public Instruction. (2.) By the Chief Superintendent of ^iducation, (3.) Or by the Booksellers, or othei parties sending in books for the approval of the Council. Qtiestion 2nd. — On what principle should the " prices " or ' " cost " of these books to the Schools be fixed, viz. : — '; (1.) Whether the " price " or "cost" of a book should in-^ elude (a) its net prime cost from the original publisher, ' with the additional charge (b) for exchange, (c) freight and a shipping dues, (d) duty, (e) insurance, (J) salaries of clerks, ^ and (g) contingent expenses of management, which are all , actual expenditures, and (h) the usual estimated percentage ,^ for depreciation of stock on hand. (2.) Or, whether, in addition to these actual expenditures incurred in procuring books and managing the Educational ^ Depository, and for percentage for stock depreciation, the ' J "prices" or "cost " of books to the Schools should also include (i) an estimated sum for rent, (/) for taxes, (k) for interest on Legislative Grant employed, and (I) salaries of ^ clerks, (at least beyond the $1,400 per annum, payable by ' Statute out of " grants " made by the Legislature). Question 3rd. — Whether the phrase " on the same terms" « which originally occurred in the Act of 1855, and is continued in the Consolidated Acts of 1859 and 1874, would not deter- mine the cost of the books to the Schools, on the principle of the rates of charge for them as they existed in 1855, viz : — the prime cost of the books from the original publisher, with the added charge for exchange, freight, shipping charges, duty, in- surance, salaries, and the estimated percentage for stock depre- ciations. Question 4th. — Whether an added profit out of books supplied to the Schools from the Educational Depository over and above the amount of actual expenditure for them, contingent expenses of management and percentage for depreciation of stock, was contemplated or authorized, or is contemplated and authorized by the Legislature under its successive Acts bearing upon the subject. J. GlORGE HODOINS, Deputy Superintendent. ^# I LETTER FROM THE CHIEF JUSTICE OF ONTARIO TO THE CHIEF SUPERINTENDENT OF EDUCATION. •f *■ ■' ■ Toronto, 27th August, 1874. Sir, — Your letter of the 24th ult., asking my opinion under the statute as to " what should be regarded as cost prices of books provided by the Educational Department for Libraries and Prizes for the Public and High Schools, and who should determine those prices," was received at my house when 1 was absent, during the " long vacation," and I only put my hand on it yesterday. I presume there are parties interested in the discussion of the questions submitted in your letter, who may wish to be heard in the matter. I think the better course will be to have the cane appended to your letter set down for argu- ment in the Court, and the usual notic«i given to the parties interested, that they may be heard and their views presented to the Court before any decision is come to. Of course, if the parties desire it, the argument can take place before myself instead of the full court. - ; I have, &c , (Signed) Wm. B. Richards. Chief Justice. To the Rev. Dr. Ryerson, &c., &c., &c., . Toronto. CIRCULAR TO BOOKSELLERS IN REGARD TO THE FORE- GOING CASE SUBMITTED TO THW CHIEF JUSTICE. .,,„ (Copy.) Education Office, Toronto, 7th September, 1874, Gentlemen, — I have thought proper to submit a special case to one of the Judges of the Superior Courts, as authorized by the 32nd Section, Siib-section 3rd of the New School Act, 37 Vic, Chapter 27, in order to obtain an authoritative decision jia to whether the Council of Public Instruction, or Chief Superintendent, or the Booksellers, are to determine the prices and the principle of determining the prices of Books to be sanctioned by the Council under the new clauses on the subject introduced into the School Acta. 1 have caused a statement <>f the case to be prepared so far as tho Education Depart iiumt is concerned, and have forwarded it to the Honourable the Chief Justice ot Ontario, who has intimated to me a desire that parties interested acTyftfaely tethe views which I hold on this subject should have to 6iiJ)clptuhity of being heard before him. . •: c : Under these circumstances I |v»Vu to request that should yoU desire to take any steps, in -the np^er, you will be good enough to name your legal adviser, and prepare and tranimit to the Chief Justice your counter Case, and «i1bo a copy of it to me, so that a time may be fixed l?y the Qh^ef Justic^ , f pr the argument of the whole case. On your application, I wilt furnish you with a copy of the case, as I have submitted ii, ^iJ>iiiGbitt ^ printed, ^^^t ;'. ^^ I have the nonour to be, ,^;, G^ktlc^en, • Yoiit 5bedi^nt servant, (^Jigned,) E. Rxbbson. 22i