The Birmingham age-herald., 1903-03-26

gOnuiIlOnS prevail AS HTe pTeNallinB III thls State and under this act the same book or books as are embraced in said
 contract at a price below or less than the price stipulated in the said contract and the said commission is hereby au- thorized and directed, at any time they may find that any book has been fur nished at lower price under contract to any State County, or school district aforesaid 10 sue upon the bond of said eoPtract and recover the difference be- tween the contract price and the lower price at which they find the book or books have been sold, and in case a con
 tractor shall fail to execute specifically the terms and provisions of his contract said commission is hereby authorized em- powered and directed to bring suit upon the bond of such contractor for the re- covery of all damages, the suit to be in the name of the State of Alabama and the recovery for the benefit of the public school fund, but nothing in this act shall be construed so as to prevent said con- mission and any contractor, agreeing thereto, from in any manner changing or altering any contract. provided that majority of the commission shall agree to the change and think 1t advisable and for the best interest of the public schools
 
 of said commission shall control
 Sec 8. Be 1t further enacted, That it shall be always a part of the terms and condition of evsry contract made in pur- suanee of this act that the State of Ala bama shall not be liable 10 any con- tractor, in any manner for any sum whatever, but all such contractors shall receive their pay or consideration in com pensations solely and exclusively derived from the proceeds of the sale of books, al provided for in this act: Provided, furth- CT, that the commission shall stipulate in the contract for the supplying of any book as herein provided that the con- tractor or contractors shall take up the school books now in use in this State and receive the same in exchange for new books at q price not less than 50 per cent
 of the contract price. Provided. That such exchange period shall not continue longer than one year from the date of the contract. And each person or pub fisher making a bid for the supplying of any book, or books under this act, shall state In such bid or proposal the ex- change price at which such book or books will be furnished.
 Sec. g. Be it further enacted, That the Text Book Commission shall have and reserve the right to reject any and all bids or proposals if they shall De of the opinion that any or all should for any reason be rejected And in case they fall from among the bids or proposals to select or adopt any book or books upon any of the branches mentioned in the previous Section of this Act, they may re-advertlse for sealed bids or proposals under the same terms and conditions as before and proceed in their investigation in all respects as they did in the first and as required by the terms and provisions in this act, or they may for sealed bids or proposals from authors or publishers of text books who have manuscripts of books not yet published, for prices at which they will publish and furnish In book form such manuscripts. or for prices at which they win sell such manuscripts, together with the copyright with such books for use in the public schools in Alabama, proceed ing in all respect in like manner as be- fore and provided, that before accepting or rejecting any man uscrlpt it shall be their duty to take the manuscript and to advertise for sealed bids or proposals for publishing the same in book form, In Ike manner as hereinbefore provided for, and under the same restriction and condition. and the contract may be let for the pubica- ton of all such books or for any one or nore separately; and provided, fur ther that the State itself shall not un- der any circumstances, enter into any binding 1t to pay for the publi- cation of any book or books. but in the contract with the owner of the manu- script it shall be provided that he shall pay the com oensation to the publisher for the publication and putting in book form the manuscript together with the cost and expense of eopyrighting the same. And provided, further. that In all cases bids or proposals shall be accom- panied with the cash deposit of from five hundred to twenty-five hundred dol lars as the Commission may direct, and as previously provided in this Act. And 1t Is further expressly provides that any person. firm or corporation now doing business, or proposing 10 do business, in the State of Alabama, shall have the right to bid for the contract to be awarded under this Act In manner as follows: In response o the advertise ment when made as hereinbefore provid- ed, said person. firm, or corporation may submit in writing bid or bids to edit or have edited. publish and supply for use in the public schools in this State, any book or books herein provided for, pro vded that instead of filing said bid or proposal a sample or specimen copy of each book proposed to be furnished, he may exhibit to the Commission a manu- scrpl or printed form the matter pro- posed to be incorporated in any book. together with such description and H. of the form and style thereof, as would be fully ineligible and sats- ia ctory to said Commission, or they may submit a book or books the equal of which In every way they propose to fur nish and they shall accompany their bid or proposal with the cash deposit and execute contract and bond as hereinbe- fore provided.
 Sec. 10. Be 1t further enacted, That as soon as said Commission shall have entered into contract or contracts for the furnishing or supplying of books for use in the public schools In this State it shall be the duty of the Governor to issue his proclamation announcing such facts to the people of the State.
 Sec. H. Be 1t further enacted, That the party or parties with whom the con tract shall be made shall establish and maintain two or more Repositories In this State, to be designated by the Commis- sion, where a stock or supply of the books sufficient to meot all the immediate de- mands shall be kept. There shall also be maintained in each County in the State not less than three agencies, for the dis tribution of the books to the patrons, to be located and designated by the commits sion and the contractor shall be permit ted to make arrangements with mer- chant or other person for the handling and distribution of the books. All books shall be sold to the consumer at the re- tail contract price, and in each book shall
 All G.~A hereon is fixed by State contract and de- viations therefrom shall be reported to your County Superintendent of Educa- ton, or to the State Superintendent at Montgomery And 1t is expressly pro vided that should any party contracting