本論文は,熊取図書館相互貸借拒否事件に関する大阪地裁判決を取り上げたものである。地方自治法上の「公の施設」や,船橋市西図書館蔵書廃棄事件に関する最高裁判決で判示された「公的な場」といった法的概念を用いて,当該地裁判決の判例上の位置付けを整理した。その上で,相互貸借制度を中心に据え,当該地裁判決の意義について考察した。そして,公的な場を,相互貸借で結びついた公立図書館総体としての公的な場へと変容させるという意義を有しているとの結論を得た。また,当該地裁判決を基にした相互貸借の運用についても示した。

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In this study I investigate what meanings the changes of stages had for the relations among the peasantry movement, the landlord class and state organs. I remark processes of tenancy disputes which Kyowa-kai opposed with its own class consciousness. To approach the subject, I put the changes of state organs' attitudes interposing between landlord and peasants in order. To argue this subject I must explain some terms above-mentioned : 'Kyowa-kai was the class association of landlords in Kita-Kanbara district in Niigata, who held land equivalent to more than 10,000 yen in texable value. Four tenancy disputes, which I deal with here, have been called after their place names Suibara, Kizaki, Kinoto and Subashiri. They were typical ones in each period. In this study, state organs mean the prefecture authorities, police, prosecutor, tenancy-inspector, court and so on. The conclusion as follows : At the time of Suibara dispute, Kyowa-kai was a tendency permitting a certain compromise with the peasantry. It was fit for the spirit of the Tenancy Arbitration Law 1924. But Kyowa-kai was to be critical about applications of the law which compelled landlords to compromise more. In the process of the legislation of the Act for the Maintenance of the Public Order, Kyowa-kai made efforts as a pressure group which would let the authorities oppress the peasantry movement. At that time Kizaki dispute came to its peak. In this case the authorities' course concerned with the peasantry movement was very oppresive. For this purpose, landlords and the police force acted with close cooperation. But on the stage of Kinoto, it came to restriction of stubborn and absentee landlords' interests. For each consequence of disputes was left in interpritation of the law by court. At that time, the principle with which the courts applied laws was not for the protection of ownership. It turned to the pursuit of the situation where cultivation could be continued by anyone. Nevertheless, on Kinoto-stage, landlords had been guaranteed to levy tenancy rent. But on Subashiri-stage it became impossible that landlords would raise tenancy rent arbitrarily. At that time the opinion that increase of productivity was not owing to landlords became dominant at the Conference for Solving Rural Problems. The establishment of this conference marked the completion of the system in which Kyowa-kai was settled into the prefectural harmonious organisation and its leading members should be the factor restricting landlords' own interests.

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