Fort Mill times. [volume] (Fort Mill, S.C.) 1892-current, 1906-07-05
INJUNCTION ASKED FOR
Former County Auditor of Barnwell
Takes Book Depository Case Into
Court-The Complaint

Columbia, Special.-As Il result of
he book contracts by the State board
of education and the decision of thhat
body OF establish Il State depository
N Columbia, IL temporary restraining
order hqx been obtained from Chief
Justice Woods by Messrs. Bellinger
Welch which will result in hear
'ng on the legality of the action of
board on July | and until that time
no contracts can be signed and all
of the school book business held up:
The suit is brought by Messrs. Bel
llnger 4 Welch for Mr.. w. III. Dun
can OF Barwell, former auditor of
That county. 1t is not known whom
Mr.. Duncan represents but il is
thought that some book house might
be interested III the fight The com
plant presented to Associate Justice
Woods at Marion states that the code
provides for county repositories of
books. except NJ some four or five
counties exempted by the act. The
county board of education is rcauir-
ed To set aside Il certain amount of
money each year to purchase these
books and n certain profit is allowed
each depository. All bids for sun
plying the State with books are sup
posed To include the prices laid down
at the various county repositories
with no charge for shipping or dray-
age.
The petition then continues:
Your petitioner is informed and
believes and 50 alleges that since the
late OF the acceptance OF the bid and
thc adoption of said books for the
next succeeding five years as above
mentioned. 10 wit: on the 26th day
of June instant. the various publish
erS or majority thereof. whose bids
had been accepted by The board. met
and selected. rs the manager of the
the central depository' in the city
OF Columbia. a retail book concern
OF SAID city and then and there
agreed to give aS compensation to
SAID book CONCERN. for acting as the
SAID central depository. 10 per cent.
OF the gross price of all books TO pass
through the hands OF said dealer or
shipped TO county repositories or in
dlvlduals by It's order. under lis di-
rectlon or through said central de-
poSliory, the said extra 10 per cent.
beng IN addition To the net price OF
sand books rs furnished To the county
repositories. and the 10 per cent. al
lowed said county repositories for'
their immediate remuneration and
expense.
And Your petitioner contends and
charges that the amount 50 allowed
to the central depository in an ad-
dltonal amount over and above the
actual cost Of the books which the
law contcmplatcs shall be charged
to the patrons Of the schools. and be-
mg charged solely for the mainte-
nance of the central depository. is n
violation of the law in that it iu-
rreaScS the nrmber of middlemcu act
inc wtbccen the publisher and the ul-
innate purchaser, TO the cost and dam
age of the latter.
. Your petitioner respectfully con
tends that by the statutes OF this
State the cost Of the books to patrons
Of the school shall be the net price
received by the publishers plus the
percentage allowed TO the local coun-
ty repositories and that il is unlawful
and beyond the power Of the board
to add, by any means whatsoever and
especially by newly created and adj
ditional agencies. any sum however
small to the cost of these books which
the purchaser is required TO pay"
The point made in the above is that
the publishers in their bids placed m
additional charge of 10 pcr cent on
the books and for this reason roac
Of the bids are legal. Justice Wood
will hear the arguments IN the case
m July l / and decision will be rem
dered thereon as soon as possible.
In the meantime. however. all of the
book contra:ts are held up.