The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-14


by said person or publisher under con-
tract to any State, county or school dis
trlct in the United States, under like con-
ditlons prevailing in this State and I'M
der this act. And 1t shall 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 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
| the 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-
vided that majority of the Commission
shall agree to the change and think it
advisable and for the best interest of the
public schools Of this State. In all mat
ters a majority of said Commission shall
control.
Sec. 8. Be it 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 CONTRACT
tor. in any manner for any sum what
ever. but all such contractors shall re-
eeive 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
Their 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 SO 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
Usher 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. o. Be 1t 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 fall
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 adyer-
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
uscrpts, 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, it 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 UNI
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 publca-
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 eopyrighting the same.
And provided, further, that in all cases
bids or proposals shall be accompanied
with the cash deposit of from five hun
bred to twenty-five hundred dollars as
the Commission may direct. and as pre-
viousiy provided In this act. And 1t Is
further expressly provided that any per-
son, firm, or CORPORATE ton 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
lo-o iIaI for cd hnf in
stead of fling said bid or proposal
sample or specimen copy of each book
proposed 10 be furnished. he may exhibit
to the Commission a 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
teliigible and satisfactory to said com
mission, or they may submit a book or
books the equal of which In every way
they propose to furnish and they shall
accompany their bad or proposal with the
cash deposit and execute contract and
bond as hereinbefore provided.
Sec TO-. Be It 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 bhe public schools In this State II
shall be the duty of the Governor to is
sue his proclamation announcing such
facts to the people of the State.
Sec IL. Be 1t further enacted, That
the party or parties with whom the cen
tract shall be made shall establish and
maintain two or more repositories In this
State, to be designated BY the Commits
sion, where a stock or supply of the
books sufficient to meet all the Immediate
demands shall be kept. There shall also
be maintained In each county in the
STATE not less than three agencies. for