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oral promise to answer for somebody
else's debt, default, or miscarriage.

This the statute changed by requir-
ing a written promise. One could
formerly be held to an oral agreement
made upon consideration of marriage.
This the statute changed by requir-
ing a writing. Also, one could be
held on an oral promise to perform
an agreement, no matter how far in
the future the performance extended.
This was changed so that oral agree-
ments for a year or less, and these
only, were good without writing.

The effect of this statute, as you
will see, was far reaching. It did not
declare such oral promises void or il-
legal ; but it did declare that no
action could be brought in court by
one man charging another with such
a promise unless proof could be made,
either by way of the agreement itself
in writing, or by way of some note or
memorandumof the agreement signed
by the party to be held or signed by
some one lawfully authorized by him
to sign. It did not prevent parties
carrying out an oral contract if they
desired to do so; and if they did carry
it out neither party could recover
back what he had paid or have the
transaction set aside.

As to what sort of writing is re-
quired for the proof, it may be said
that if the contract itself was in writ-
ing, that is sufficient proof. But the
contract itself need not be in writing.
Anything in the way of a memoran-
dum, note or letter, signed by the
party to be charged, wherein he ad-
mits or acknowledges the contract,
provided this memorandum or note
contains sufficient data as to the
terms, will be good evidence. The
memorandum need not be in any par=
ticular form ; it may consist of a let-
ter or series of letters or telegram, or
series of telegrams, the condition be-
ing that the writing be signed by the
party to be held, and that it contains
enough to make it sufficiently clear as
to the terms of the contract. Inmost
of the states the writing need not ex-
press the consideration for the con-
tract. Where it is necessary to ex-
press the consideration, the words
" value received " are held sufficient.
The wording of the statute permits of
the signature by an agent.

Now, as to the bearing of this stat-
ute on the transfer of lands, it may
be said that a writing is required not
only to a contract for the sale or ti-
tle to the land itself, but also to the
creation of rights of way, to the trans-
fer of standing timber, growing grass,
fruits on the trees, but not of such

crops as are produced by annual
planting, which are not usually con-
sidered a part of the land, and mav,
therefore, be sold without writing,
provided the contract complies with
the other conditions of the statute.

Sometimes the question arises
where there has been an oral bargain
and the land has been actuallv con-
veyed pursuant to it, as to whether
the conveyance will stand and the
seller can claim his purchase money.
Generally speaking, such a bargain
will stand and the seller may sue for
the price. If the price has been paid
and the seller refuses to convey, fall-
ing back on the fact that the bargain
was an oral one, the only thing the
buyer can do is recover back his

That part of the statute relating to
the promise of one person to answer
for the debt, default, or miscarriage
of another will be considered later
when we come to the discussion of
guaranty and surety-ship.

The provision regarding promises
in consideration of marriage is a very
needful one. Where marriage is be-
ing considered, loose arrangements
are often made with reference to
property which, without proper proof,
are almost certain to produce litiga-
tion. The requirement that all prom-
ises made in consideration of mar-
riage be made in writing does away
with much confusion and litigation.
This statute does not refer to mutual
promises of marriage. Mutual prom-
ises to marry when made orally are

An important part of the statute re-
fers to contracts that are not to be
performed within a year. The stat-
ute requires that these be in writing.
It applies to such contracts as cannot
by their terms be fully performed
within a year from the making thereof.
If the parties may or may not perform
within a year it does not fall within
the statute. If the contract is to be
performed on a happening that may
or may not occur in a year, it need
not be in writing. Thus an agree-
ment to take care of an invalid until
the invalid recovers need not be in
writing, as the recovery may take
place within a year. An agreement to
support another during life is not
within the statute, for the person may
die within theyear. The statute does
cover, however, such agreements as
relate to the employing of people for a
year only, if the service is to begin a
day later than the date of thecontract.
Contracts that provide for the paying
of money in installments, the dates
of payment running more than a year,
are not enforcible without some mem-
orandum in writing evidencing them,
and signed by the party charged.

Perhaps the most important part of
the statute is that relating to the
sales of goods where the price is more
than $.iO.OO. This part of the statute,
which has been adopted generally
throughout the United States, will
need separate treatment. This will
follow in our next.

( To be continued, i

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Seattle, Washington.



Printitia Papers.

A great deal of school advertising'
is directed to women, who are natur-
ally judges of textiles- dress goods,
ribbons, lace. A paper of beauty and
distinction will invariably appeal to
Mrs. Patron.

This is my apology for introducing
an apparently technical subject and
with it I wish to include an acknowl-
edgment to the Butler I'aper Co., Chi-
cago ; The Mittineague I'aper Co.,
Mittineague, .Mass ; The .fapan Paper
Co., New York City; The Niagara Pap-
er Mills, Lockport, New York; The
Taylor-Burt Co., Holyoke, Mass.; and
the Peninsular Paper Co., Y'psilanti,
Mich., for courteous consideration
and information. Whatever merit this
article may have, should be ascribed
to this help.

In the first place, the paper should
match the topic. It is so easy to
throw the reader off the track, that it
pays to preserve the artistic unities —
the mental imagery of the reader and
the unconscious influence of paper,
ink and binding should blend and be
coordinated as far as possible. Might
just as well — doesn't cost any more
except a little thinking.

Suppose for instance, a description
of the tone of a piano — sweet, mellow,
vibrant, sympathetic, rich — all the
other adjectives. The paper should
have, in degree, these qualities. It
would but result in a disastrous an-
omaly to print such a description on
harsh, crackling, heavily sized ( stif-
fened with glue) paper which would
in effect contradict every printed

Similarly should a school desire to
issue a little statement of excellence,
the paper should have some" body",
stiffness, dignity — a sort of founda-
tion for the words to rest on.

An appeal in the name of charity
might well be on flexible soft paper
while the financial statement of a
bank should be on paper of substan-
tial consistency.

Some will doubtless think this a
far-fetched point and finical, but I
believe it will pay to harmonize words
and their vehicle. It doesn't cost anv

more -perhaps less. Determine the
dominant characteristic of your words
and adapt the paper to them.

It is now pretty generally admitted
that a brilliant "shiny" surface is
not good not even for half tones.
It is better to use a plate paper
throughout for half tone work com-
bined with type matter, than to use
all coated paper or what is known as
antique finish for type combined with
coated inserts for pictures. Unless
the inserts are vellum, there is little
justification for two differently fin-
ished papers in the same volume.

Plate papers give a perfect half tone
surface and have a soft and restful
surface for reading matter.

For type display the best papers
have what is called " flower " a trans-
lucency of surface that lifts and
brightens the type and makes it much
more attractive and readable. This
is particularly pronounced in the vel-
lum from the Shidzuoka mill, in the
Strathmore Japan, of the Mittineague
Paper Co., and quite evident in French
•Japan Printing Paper. Probably the
cost of these papers will preclude
their lavish use but for small book-
lets and inserts there is nothingequal
to them.

Contrary to popular opinion, the
best paper is light. All paper is made
heavy by the addition of chemicals
and clay or mineral filler to take the
place of fiber. A catalog made of
good paper feels light and "lively"
in the hand. <;ood paper also "bulks"
well - that is the leaves do not lie com-
pactly, which makes easy turning.

The advertiser who studies the three
elements of good printing— paper,
type, ink soon discovers that beauty,
value, distinction, and power depend
upon his knowledge of these three
elements ; and that the most import-
ant of these is paper. Indeed, to get
the best results from these three needs
patient study. What I am endeavor-
ing to compress into a few short and
hasty articles is the result of years of
study of these subjects — study which
until very lately had not this ob-
ject in mind. On the seemingly in-
significant topic of margins alone a
lengthy article might be penned.

The subject of cover papers should
receive some attention — a limitless
topic. For usual purposes, the color
should be something cheerful, rich
and bright without over-obtrusive-
ness. I cannot conceive of dark and
sombre colors appealing to young peo-
ple. Blue is a cold color and dulls
the edge of enthusiasm. Indeed, pro-
nounced brilliant colors have a de-
pressing effect on many and it is bet-
ter to avoid them. Neutral greens,
rich browns, French grays, buff, soft
whites — all these are good covers. It
goes without saying that the cover
should have a texture to stand hand-
ling and should not soil easily.

A booklet or catalog paper should be
perfectly opaque. A very bad effect
is produced by papers that " show
through " from the other side. Bond
papers are particularly troublesome
in this respect and are rarely adapted
to printing on both sides, although
frequently used.

A paper should turn noiselessly —
the annoying crackle of sized papers
supplies an element of discord.

In writing papers, we have a great
variety. Before purchasing, all papers
should be tested with pen, typewriter
and eraser. Some papers present a
much better surface for typewriting
than others and the difference in the
cost of paper is so slight that, consid-
ering the increased effect, one is not
justified in too much paper economy.

It is advisable to have a letter paper
of distinction. If one strives for
uniqueness many light cover papers
supply a good medium. Linens come
in so many different effects that one
can find almost anything he wants.
An occasional visit to a paper house
will put a person in touch with many
good ideas.

In color one cannot go very far as-
tray in white of good material. Be
sure, however, that it is a true white.
Many supposed whites are by contrast
a color far from white.

If color is desired in letter head
stock, have it rich and firm, yet sub-
dued, bearing no suspicion of fading.

I am aware that this subject is too
complex to be treated but superficially
in a short article. A wealth of history
and romance clusters round the story
of paper making. From the turbid
flow of the Nile to the limpid streams
of New England, from five hundred
years before .Moses to this present
presidential election year - all this
way and time people have been busy
making paper better still.

Thus, we are the heirs of all the ages
— let the gift be put to fitting use.

!Pl]om tt'oul^ you like to &cc contribute a scries of articles in tl^e Business (Educator ?
cTn& vo\y^\. subject not noni presented tt'Oul^ you like \o see c\iDen ?

.^^3Su^i/n^d4/^/^u^ai7- ^


ION E. I> W Y E R ,

Treasurer, Robert College.


eommerce In Curkey.

Hfiis> Hindrances to Ameri-
can Commerce.
There are so many things of inter-
est in this country, that one scarcely
knows where to begin, what to say or
when to stop, but as most of those
to whose notice this copy of The Bus-
iness Educator will come are inter-
ested !in business in some form, I
shall in this article confine myself to
the commerce of Turkey in general
and Constantinople in particular.

Present-dav Business Methods.

The soil of Turkey, especially Asia
Minor, is fertile and under favorable
conditions would '■ blossom like the
rose," but an unprogressive farmer
and antiquated methods do not make
for profitable agriculture.

The old-fashioned wooden plow
drawn by oxen is still in use. A large
bough of a tree is used for a harrow,
the grain is harvested by hand, and
the wheat is still thrashed on thrash-
ing-floors, exactly like those used in
Abraham's time, where the oxen tram-
ple out the grain and the wheat is
winnowed from the chaff in the wind.

The home of the average working
man in America is a palace in compar-
ison with that of his Oriental brother.
The industrial status is low; labor
unskilled and poorly paid. Masons
and carpenters get a wage of 80 cents
a day while their helpers must be
content with half that amount, even
though the working day is from sun-
rise to sunset.

This does not mean, however, that
labor is cheap, for with antiquated
methods and lack of labor-saving de-
vices the labor cost is often as high
as in countries paying high wages.

The lumber for three dwelling
houses, recently built by the college,
was brought six miles on horses'
backs. Each stick of timber was
dressed by hand, the doors, windows,
sashes, mouldings, etc., were all made
on the spot. This is an ordinary
case, not an exception.

Imagine my surprise upon first com-
ing to Constantinople, at seeing an
upright piano going along the street
with a man under it. Such sights are
loo common in the Ottoman Empire
to excite comment, as most of the
merchandise is carried about the
cities on men's backs. There are a
few dray wagons, drawn by small
horses or by buffalo, but many of the
city streets are too narrow and steep

and the country roads too poorly kept
for loaded vehicles.

When the Turk engages in business
at all, it is in a very small way, con-
sequently, the commerce is almost
entirely in the hands of the Ameri-
cans, Greeks, Persians, Hebrews and
nearby foreigners.

The business methods are behind
the times. The merchants advertise
but little— they simply wait for the
customer's necessity to drive him to
the store. They say " people must
buy sometime, when they come we
will supply them." Instead of carry-
ing a full line of goods, keeping it
well stocked and then advertising the
store as a place where a good assort-
ment can always be found, the mer-
chant too often buys in job-lots and
when the first invoice of a certain
style is sold, no matter how well it
may have sold, there is no attempt to
restock and is replaced by something

The attitude of the merchant in this
particular is well illustrated by the
story of the back-woods merchant,
who when asked why he did not keep
a supply of " turkey red. " for which
there was a brisk demand, replied,
" I did keep it for a time but there
was such a demand for it that I was
always getting out of it— just couldn't
keep it on hand— so decided not to
handle it. "

There are few business partner-
ships, due to the lack of confidence
between man and man. When a busi-
ness outgrows its quarters, instead of
enlarging the store it is customary to
open another store either on the same
street or in some other part of the
city. This custom is not confined
to the retail trade, some of the banks
have branches in different parts of
the city.

Most transactions are on a cash
basis requiring a large amount of
money for a given volume of business.
Ciold is at a premium and small chan^^e
is scarce, which one must buy, giving
rise to the seraffs or money changers
not unlike those which Christ drove
from the temple.

Modern business methods are con-
spicious by their absence as you
doubtless have observed. America
can supply much that is lacking in
this particular and the writer believes
that there are good opportunities for
progressive American merchants in
the Ottoman seaports. The large
number of Orientals who try to follow
the fashions of the West together
with the large number of foreigners

in these cities, create a demand for
European and American products
which is well worth the merchant's

Uncle S.\m in the .\

Turkey exports tobacco, mohair,
skins, silk and rugs, Constantinople
being the largest seller of the orien-
tal rugs in the world, while New York
is the greatest market for the same.
The United States finds some market
in the largest cities of Turkey for
farming implements, typewriters,
hardware, cloth, shoes, hats, etc. The
presence in this harbor of so many
steamships (there often being as
many as forty at one time) is indi-
cative of a considerable foreign com-
merce, but the U. S. furnishes but a
small part of the imports. Uncle Sam
is new at the business of finding
foreign markets and finds difficulties
peculiar to himself. The freight is, of
course increased by the greater dis-
tance from the market. All goods for
the Levant must, owing to our insuf-
ficient merchant marine, be carried
by foreign steam-ship companies who
put a prohibitive freight rate upon
such of our goods as come into com-
petion with those of their own coun-
try. The American goods are thus
crowded out.

A tradition-bound people are slow
to adopt the new. Simply that the
" style has changed " is no argument,
in this country, for substituting an
untried article for one that has pro-
ven satisfactory. The American man-
ufacturers do not seem to appreciate
this fact and change their styles irre-
spective of the demand. This is well
illustrated by the experience of a
German shoe dealer who introduced a
line of American-made goods which
soon crowded out his German styles,
leaving his stock wholly of American
goods. In restocking for the follow-
ing year he ordered the same styles
but was informed by the manufacturer
that these goods were no longer made,
as the styles had changed. The cus-
tomers wanted the styles that they
had tried and liked, and not the new
and untried. Consequently the cus-
tomers went elsewhere, the merchant
lost his trade and the manufacturer
his market. Other manufacturers,
this time from Europe, stepped in and
the American goods were barred out.
An unusual demand at home is an-
other excuse for a temporary with-
drawal of foreign business which, of
course, results in the passing of the
business to a competitor. If American
manufacturers are bidding for foreign
trade, they must make what the trade
requires and supply it regularily, else
the European manufacturers will
" steal a home run."

Too often an American interest is
represented abroad by a foreigner.
Be he ever so loyal to his employer,
he cannot put the same vim in his
work as an American would do, or as

^^^3Su4/n^ii^y^i^iu^i^i7- ^


he would do if he and his employer
were of the same nationality.
The Language Problem.
Not only are our weights, measures
and money different, but as a nation
we speak but one language. Any
salesman will testify that to sell an
article he must not only be able to
speak a language but he must speak
it veil. A glance at the commercial
courses in the German schools ex-
plains one great reason for the suc-
cess of the German merchants in cap-
turing the markets of the East. The
whole category of European and Asi-
atic languages are offered—the young
men choose their field and then equip
themselves with the language of its
people. This condition in the German
schools was brought about by the
pressing need of a market, and our
own need, in this particular, when
realized by educators and business
men will, doubtless, be met.

There is really a movement in this
direction, notably, the Yale— Colum-
bia foreign service courses, including
one for commercial service abroad;
and the recently established Export-
ing and Importing schools in the
West Side V. M. C. A., New York
City, conducted by men of acknow-
ledged leadership in foreign commer-
cial matters. These courses, with a
number of others, point in the direc-
tion of a thorough training for for-
eign commerce and there is much,
very »utcli, that can be done in this
matter by our Commercial Depart-
ments and Business schools.

From the producers' point of view,
a market is an expedient for dispos-
ing of surplus goods. For nine years
the U. S. has manufactured a surplus
over her consumption and must seek
a foreign outlook for the same. She-
is handicapped, in the Levant mar-
kets, by inexperience, distance, and
lack of languages. The first is the nat-
ural result of internal development
(fortunate is the country that has an
interior capable of development) and
needs no comment, the second could
be helped by a merchant marine, and
the third remedied by our schools.

If the United States continues to
take the surplus of the World's pop-
ulation to the tune of more than two
million a year, she will, naturally, be
entitled to a corresponding part of
the new commerce of the world. This
will be hers by right but one for
which she must fight if she is to have
it. It rests with the business stud-
ents of today- the business men of
tomorrow -to secure this newly-needed
and soon to be much needed foreign
market, thus helping to perpetuate
our present prosperity, not for pros-
perity's sake, alone, but for what
prosperity brings with it.

Practical Tinance eontinued from
paae zi.

a brilliancy that was characteristic of
the men.

Session after session, the bill passed
the Senate but was defeated lay the
House until the bitter struggle was
ended in 1840, when it passed the
House by a small majority of 17 in a
total vote of 231 and the Sub Treasury
of the United States was established.
Yet such was the opposition to the
plan that it was not satisfactory as
first established.

After -Harrison's election to the
presidential office, whose tenure was
brief, Tyler's access to power was the
signal for a renewal of the struggle
and when Congress assembled, bills
were immediately introduced for the
repeal of the Sub Treasury act, which
occurred Aug. l.S, 1841, and a bill was
reported by Henry Clay (who favored
the old National Bank system) which
was a compromise of the two systems.
The act was passed by both houses
but vetoed by Tylor, and the public
moneys were cared for by public of-
ficials who deposited the treasure
wherever their judgment might dic-
tate as a place of safety. The dis-
cussion of various schemes continued
for five years and was finally settled
by the House in April, 1S4It, and
passed the Senate in Aug. of the same
year. Thus it happened that the
policy that had been opposed by
Jackson and his compeers was re-
versed and carried to victory bv Pres-
ident Polk and his aids. The same
party that had opposed the National
Bank during Jackson's administra-

The Secretary of the Treasury has
entire supervision of the work of the
principal office, also of the various
sub treasuries.

The Assistant Treasurer and all
other officers authorized by law must
give a bond fixed by the Sec'y of the
Treasury and affirmed by the Solicitor
of the Treasury. In addition to the
Sub Treasury, National Banks are
also keepers of the public funds. Be-
fore any national bank may become a
U. S. depository it must comply with
certain regulations as well as give
the U. S. security for all moneys de-

All collectors and receivers of pub-
lic money are required to deposit in
the Sub-Treasury at least once a week
andoftener ifordered bytheSecretary-
The New Yoik Sub- Treasury . The
New York Sub-Treasury may be taken
as a model for all, and we give its
plan below.

It is divided into departments as
follows: Receiving and paying dept's,
minor coins dep't, bonds dep't. and
checks dep't. The accounting dep't, is
the one in which all checks are finally
gathered, classified, entered and veri-
fied, and all accounts of disbursingof-

Online LibraryFrank OvertonThe Business Educator (Volume 13) → online text (page 57 of 89)