The Birmingham age-herald., 1904-09-25
HAS NO JURISDICTION
 IN ST. NICHOLAS CASE

 is a violation of the text book law for any person, not authorized to do so, to print the matter required in them by law. also that books must be bought from
 the recognized depository He has fur
 ther stated that books that had been sold
 once by the recognized Repositories might
 be sold again by any into whose posses
 sion they might have come. As the question is one with which every state
 with text books laws or is expecting to have such laws, will probably meet the opinion of MT. Wilson is given in full:
 T. Can any of the books that have been adopted by the state text book commission for the use of the public schools of the state be purchased from a; person or dealer other than the publisher having the contract with the state to furnish such books or his duly constituted and appointed depository or regularly and duly constituted agents thre ughout the counties of Alabama, and be used by a pupil or teaehed in the public schools of Alabama?'
 ''2. If any of the books that have been adopted by the state text book comms- sion for use In the public schools of the state, having printed or stamped upon them statements of the price and that they are supplied under the contract with the state or sold by dealer other than q uuly bl psllltu dSeHL OF lufouBn cHdH- nels other than those appointed by law ard under contract, and as q matter of fact they are not furnished by the pub fisher or supplied to said dealer or person so selling such book guilty of violation of a statute, in such sort as to make him subject to conviction for a misde- meanor under said statute"
 20. The supreme court of Alabama has answered the first question in the
 negative. It Is decided in the case of Dickinson rs. Cunningham dn Ms) that il book adopted by the state text book com'nission was purchased from person or dealer other than the contractor and was not supplied through a depository or agency such book could not be taught in the pubic schools. 1t follows that fl would he a ,nisdemeanor to use the book so obtained ir the public schools of this state. Isaer the text book statute and the contrac. mace with publishers pur- suant to the sue essful bidders for the | privilege of sur urryirg books to the pub l, lie schools have the exclusive right to l supply such books for that purpose. | Dickinson vs. Cunningham, supra; Clark vs. Iayworth, 2. L. R. A. 2l0.) While this is true the privilege may result in bene- l lit to the contractor it Is supposed to be in corresponding benefit to the public by 1 obtaining the patrons of the public 1 schools tn get better and cheaper books. | The contractors are under bond in
 large penalty 10 execute the contract on
 their part. Books furnished under these l contracts are required to come up to
 the standard Of ldality and excellence of ] the sample furr'shed with the bids and l preserved by tae secretary of state. To
 make It easier to fix liability on the con-
 tractors for a violation of the statute or 1 of their contracts and as a safeguard
 against the Introduction into the schools of looks ctner than those adopted 1t
 is required fhat such contractors shall
 cause to tc T, nted upon every book fur l nished uader their contract the contract
 price, the exchange price, and the fact
 that tho riict is fixed by state contract and a request that deviations therefrom l shall be reported 10 the school author- i isies.
 "If q dealer who Is not q contractor or designated depository CT a duly con- stituted agency, as provided for in the i statute, should procure books from some | source other than the regular channels provided in the law and himself cause to
 be printed upon such books the matter required to be printed upon books sold 1 under contract and sell such books as if l the same were sold pursuant to the text I book I think such conduct would be in | violation of the provisions Of the act. Sec l tion 16 of the act. declares that any per- sons violating it's provisions shall be l guilty of misdemeanor. l think. how 1 ever. that books which have been sold