The Montgomery advertiser., 1908-08-12
BIOGRAPHIES
 TO BE SOLD Secretary of States Signature Affixed. DISCRIMINATION WILL STAND Mr. Julian Says Statute Gave Him
 Mandate to Sign. oniy Chance Now to Protect Patrons of Schools Is for Book Commis-
 sioa to Begin Action in
 the Courts.

The last act on the part of the State necessary to put the Frye geographies in the hands of the Alabama sch ool children was performed yesterday. This was the signature of the Secre- tary of State, Hon. Frank N. Julian. to the publishers contract. The Gov ernor had already signed the contract and now the publishers, Ginn and Com panyn are at liberty to send the books to the State depository at once.
 By this contract auth horized by the Textbook Commission last June. the advanced geographies of Frye are to be sold to the patrons of schools in Alabama for Ss cents a copy while the same book Is retailed in Indiana for 75 cents. The publishers defended themselves against objections to this discrimination by declaring that con dttions are different in the Hoosier state from those that prevail in Ala bama.
 Secretary of State Julian takes the position that, whatever the merits of contention on either side, the statute makes 1t mandatory on him to sign all contracts between the publishers and the State of Alabama.
 Under the School Book Law" said Mfr. Julian yesterday. 'it Is mandatory upon the Secretary of State to sign con- tracts as made between publishers and the Book Commission. My purpose in taking this matter up and withholding my signature for several days was on- ly to investigate thoroughly whether or not the Indiana price was lower than the Alabama price.
 "The publishers submit that the con- ditions in Indiana are entirely dirfer- ent from what they are in Alabama. However. this Is a matter for the Erhn nnt .E20nIr C0fan1ta ta AAnfHa Tn, signing the contract I carried out the mandate of the statute.v
 It was rumored yesterday that the signature of the Secretary of State may not yet end the Frye contest There Is a section of the Code which reads in part as follows: Tt shall be stipulated in each contract that the contractor has never furnished and is not now furnishing under contract any state. county or school district fin the United States. where like conditions pre- vail as are prevailing In this state .n- der this article, the same book Or books as are embraced in said con- tract at a price below or less than the price stipulated in the said contract, and the said commission at any time they may find that any book has been furnished at a lower price under con- tract to any state, county or school district aforesaid, shall sue upon the bond of said contractor and recover the difference between the contract price and the lower price at wh hich they find the book or books have been sold, and in case a contractor shall fail to execute specifically the terms and provisions of his contract, said Commission shall bring suit upon the bond of such contractor for the recov- cry of all damages. the suit to be in the name of Alabama and the recovery for the benefit of the public school fund"
 There is gossip now to the effect that in the event the members of the Text Book Commission at any time are satisfied that the patrons of Alabama are unjustly suffering by the differ ence in prices of the Frye geography, even after the books are put on sale in this state action may be brought against the publishers under the fore going section or the Code Thus would a test suit be made by which the facts under oath could finally be reached.
 It could then be told whether the court or jury thought conditions are dissimilar in Indiana under which tn e books are sold. at T5 cents. In the northern state the publishers are re- quired to pay only commission of per cent. for distributing the books while in Alabama thu Commission exacted a commission of 20 per cent. for like services
 There are still others who believe that the signatures of the Governor and the Secretary of State put a stop to all consideration of the matter and that no further action was to be talk en.