The Montgomery advertiser., 1903-03-14

or publisher for tho use of any books which are to be sold to patrons for use in any public school in this State, at . pricc above or in excess of the price at which such book or books are furnished by said person or publisher under con- | tract to any State, county or school dis trict in the United States, under hke con- ditions prevailing in this State and un- der this act And it shan be stipulated In each contract that the contractor has never furnished and Is not now furnish ing under contract, any State, county. or school district in the United States, where like conditions prevail as are pre- vailing in this 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 con- tract and the said Commission is hereby authorized 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 to sue upon the bond of said contract 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 empowered and directed to bring suit upon the bond of such contractor for tho recovery 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 Commission and any contractor, agreeing thereto. from in any manner changing or altering any contract. pro- | lxytd fhot shall agree to the change and think 1t advisable and for the best interest of the public schools of this State. In all mat ters majority of said Commission shall control.
 Sec. 8. Be 1t further enacted That 1t shall be always a part of the terms and condition of every contract made in pur- suance of this act that the State of Ala bama shall not be liable to any contrac- tor, in any manner for any sum what ever, but all such contractors shall re- ceive their pay or consideration in com pensations solely and exclusively derived from the proceeds of the sale of books, as provided for in this act; Provided. fur ther, 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 a price not less than 50 per cent. of the contract price. Provided, That such exchange period shall not con- tinue 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 exchange price at which such book or books will be furnished.
 Sec. 9. Re 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 be of the opinion that any or all should for any reason be rejected And in case they fail from among the bids or proposals to select or adopt any book or books upon any of the branches mentioned in pre- vious section of this act, they may re- advertise for sealed bids or proposals un- der the same terms and conditions as be- fore and proceed in their investigation in all respects as they did in the first in- stance and as required by the terms and provisions in this act or they may adver- tise for sealed bids or proposals from au- thors or publishers of text books who have manuscripts of books not yet pub lished for prices at which they will pub fish and furnish in book form such man. uscripts, or for prices at which they will sell such manuscripts. together with the copyright with such books for use In the public schools in Alabama, proceeding in all respect in like manner as before; and provided, that before accepting or reject ing any manuscript, 1t shall be their duty to take the manuscript and to advertise for sealed bids or proposals for publish ing the same in book form, in like man ner as hereinbefore provided for, and un- der the same restriction and condition and the contract may be let for the pub lication of all such books or for any one or more separately; and provided, fur ther that the State itself shall not. under any circumstances, enter into any con tract binding 1t to pay for the publica- ton of any book or books, but in the contract with the owner of the manu- script 1t shall be provided that he shall pay the compensation to the publisher for the publication and putting in book form the manuscript, together with the cost and expense of cOpyrighting the same. And provided, further. that in all cases bids or proposals shall be accompanied with the cash deposit of from five hun dred to twenty-five hundred dollars as the Commission may direct and as pre- viously provided in this act. And 1t Is further expressly provided that any per. son, flrm or corporation now doing bus mess, or proposing to 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 to the advertisement when made as hereinbefore provided, said person. firm or corporation may submit in writ ing 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, provided that in- stead of filing said bid or proposal a sample or specimen copy of each book proposed to be furnished. he may exhibit to the Commission manuscript or print ed form the matter proposed to be incor- porated in any book, together with such a description and illustration of the form and style thereof, as would be fully in telligible and satisfactory to said com mission. or they may submit e book or books the equal of which in every way they propose to furnish and they shall accompany their bld or proposal with the cash deposit and execute contract and bond as hereinbefore provided.
 Sec. 10. Be 1t further enacted, That as soon as said Commission shall have entered Into a 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 is- sue his proclamation announcing such facts to the people of the State.
 Sec. IL Be it further enacted, That the party or parties with whom the con-