The Montgomery advertiser., 1903-03-21


 the Secretary of State. to be by him de- n'ereo 10 the commission when they are In executive session, for the purpose of considering the same, when they shall be opened in the presence of the Commits sion.
 sec D. Be 1t further enacted, That 1t snail be the duty of the said Text Book Sonmission to meet at the time and place oesignated In such notice or advertise
 ment and take out the sample or specf- men copies submitted, upon which the pids are based and refer and submit these
 to the sub-Commission as provided for ana directed in previous Section of this | act, with instructions to said sub-Com-
 mission to report back to them at a time specified. with their report, classification ana recommendation as provided in pre- vious Section of this Act When the said report Is submitted 1t shall be the duty Of the said Text Book Commission
 to meet In executive session to open and examine all sealed proposals submitted and received in pursuance of the mo- tice or advertisement provided for in Section of this act. It shall then be the
 duty of said commission to examine and
 consider carefully all such bids or pro-
 posals. together with the report and
 recommendation of the sub-cofnmission
 and determine in the manner provided
 In Section 1 of this act what book or
 books. shall be consiiered for adoption, taking into consideration the size quality as to subject matter, material, printing, binding and the mechanical execution and price, and the general suitability for the purpose desired and intended; Provided. however, That all books selected or adopted shall be written or printed in English. After their selection for adop- ton shall have been made, the said com mission shall, by registered letter, notify the publishers, or proposers, to whom the contracts have been awarded. and 1t shall be the duty of the Attorney General of the State to prepare the said contract | or contracts in accordance with the terms | and provisions of this act, and the said contract shall be executed by the Gov
 ernor and Secretary of State. with the | seal of the State attached upon the part | of the State of Alabama, and the said | contract shall be executed duplicate, one copy to be kept by the contractor, one copy by the secretary of the text book commission. and copied in full in the | minute book of said commission. and one | copy to be filed in the office of the Sec
 retary of State, at the time of the eacecu- ton of the contract aforesaid the con | tractors shall enter into a bond in the sum of not less than ten thousand dol lars nor more than thirty thousand dol lars. payable to the State of Alabama the
 amount of said bond within said limits,
 to be fixed by said commission. condi- tioned for the faithful, honest and exact performance of his contract. and shall further provide for the payment of reasonable attorneys fees in case of re- covery in any suit upon the same, with three or more good and solvent sureties,
 actual citizens and residents of the State of Alabama, or any guarantee company authorized to do business In the State of Alabama may become the surety on the said bond, and 1t shall be the duty of the Attorney General to prepare said bond and approve the same; Provided, however. That said bond shall not be
 exhausted by a single recovery, but may be sued on from time to time, until the
 full amount thereof shall be recovered, and the said commission may at any time. by giving thirty days notice, re- quire additional security or additional
 bond within the limits prescribed. And when any person, firm. or corporation
 shall have been awarded a contract and
 submitted herewith the bond as required hereunder the commission through Its
 secretary shall so inform the treasurer
 of the State, and 1t shall then be the
 duty of the Treasurer to return to such
 
 and the said commission, through tes sec retary, shall inform the treasurer of the | names of the unsuccessful bidders or proposers, and the treasurer shall upon receipt of this notice return to them the | amount deposited in cash by them at the time of the submission of their bids, but should any person. firm. company or cor poratio fail or refuse to execute the contract. and submit herewith his bond I
 days of the awarding of the contract to
 him and the mailing of the registered
 letter containing the notice, provided the
 mailing of the registered letter shall be
 sufficient evidence that the notice was
 given and received the said cash deposit
 will be deemed, and is hereby, declared
 forfeited to the State of Alabama, and 1t
 shall be the duty of the treasurer to place
 said cash deposit in the treasury of the
 State to the credit of the general school fund, and provided. further that any re-
 covery had on any bond. given by any
 contractor, shall enure to the benefit of the said fund of the State. and when col lected shall be placed in the treasury to
 the credit of the said fund and be prorat- ed among the several counties of the State.
 Sec. '. Be 1t further enacted, That the books furnished under any contract shall at all times during the existence of the contract be equal to, in all respects, the
 specimens or sample copies furnished with bids; and 1t shall be the duty of the Secretary of State to carefully pre- serve in his office as the standard of quality and excellence to be maintained in such books during the continuance of such contracts the specimen or sample copies of all books which have been the basis of any contract. together with the original bid or proposal. and the con tractor shall, also furnish each County Superintendent of Education like speci | men or sample copies which shall be pre- served by him in like manner and the same shall always be open to inspection of the public. It shall be the duty of all contractors to print plainly on the back of each book the contract price, as well as the exchange price at which 1t is agreed to be furnished but the books sub | mltted as samples or specimen, copies with | the original bids shall not have the price | printed on them before they are submit ted to the sub-commission And the said | text book commission shall not in any | case contract with any person OF pub l fisher for the use of any books which | are to be sold to patrons for use In any | public school in this state at a price | above or in excess of the price at which | such book or books are furnished by said | person or pub.1sher under contract to any | State Country or school district in the | United States under like conditions pre- yailinR in this State and under this act. And it shall be stipulated in each con tract that the contractor has never fur p{s Ia now furuiShino under