Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1906-07-04
ASKED FOR
Former. County Auditor of Barnwell
Takes Book. Depository Case into
ssonrf-The Complaint.

Takes Book Depository Case into
sourt-The Complaint,
Columbia, SpeciaI.-As i result Of
the book contracts by the State board
Of education and the decision Of thhat
body OF establish State depository
in Columbia, q temporary restraining
order has been obtained from Chief
Justice Woods by Messrs. Bellinger
& Welch which Will result iii hear
ing 0M the legality IF the action Of
board oil July IL and Until that time
10 contracts Can be Signed and all
of the school book business held up;
The suit is brought by Messrs. Bel
lihget s Wslth. for Mrs. w. Fl. Dun
can OF Barwell; former auditor Of
that county. It is not known whom
Mr.. Duncan represents but it is
thought that some book house might
be interested in the fight. The COM
plant presented to Associate Justice
Woods at Marion states that the code
provides fot county repositories Of
books, except in some four or five
counties exempted by the act. The
county board Of education is requir-
ed TO set aside certain amount of
money each year to purchase these
books and a certain profit is allowed
each depository. All bids for sup
plying the Slate With Eobks are sup
posed to include the prices laid down
at the various county repositories
with lo charge for shipping or dray-
fhe petition then continues: !.
"Your petitioner is informed and
believes and so alleges that since The
date of the acceptance Of the bid and
the adoption Of said books for the
next succeeding five years as above
mentioned, to wit; on the 2Gth day
Of June instaiit, the various publish
ers OF a majority thereof; whose bids
had been accepted by tie board, met
and selected, as the manager of the
the central depository" in the city
of Columbia. d 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 OF in
dividuals by its order, under its di-
rection or through said central de-
pository," (" the said extra 10 per cent.
being in addition to the net price OF
said books ae furnished to the county
repositories, and the 10 per cent. al
lowed said county repositories for
their immediate remuneration and
expense.
"And yohr petitioner contends and
charges that the amount so allowed
to the central depository i'll all adj
ditional amount over and above the
actual cost of the books which the
law contemplatcs shall be charged
to the patrons of the schools, and be-
ing charged solely for the mainte-
nance of the central depository, is a
violation of the law in that it III
creases the number of middlemen act
ing wtbeeen the publisher and the ul-
siinlate purchaser, 10 the cost and dam
;,ges sof the latter.
iszst Your petitioner. respeetf fully con-.
tends that by tie statutes of this
State the cost Of the books to patrons,
e the school shall be the net price
received by The publishers plus the
percentage allowed to the local coun-
" repositories and that it is unlawful
md beyond the power of the board
to add. by any means whatsoever and
especially by newly created and ad-
litional agencies, any sum however
small to the cost of these books which
he purchaser is required 10 pay"
Tie point made in the above is that
4he publishers i'll their bids placed m
additional charge Of 10 per cent. on
.lc books and for this reason none
IF tic bids are legal Justice Wcod
will hear The arguments in tue ease
IN July IL and decision will be rcn-
dered thereon as soou as possible.
In The meantime. however, ali pI tue
book contracts are held up.