The herald and news. [volume] (Newberry S.C.) 1903-1937, 1911-09-29
STATE BOARD WAS
ENJOINED BY JUDGE
TEMPORARY RESTRAINING ORDER
SIGNED BY JUDGE WILSON.
Publishing Company alleges That
Contract Was Given Rival Con-
cern Without Cause.


signed a temporary Injunction against
the State board Of education restrain
ing the introduction of the readers of
. the D. c.. Heath Publishing company
The order was served on the governor
Tuesday.
The State board Of education IS
called on to make reply on October ,
in court of common pleas. Mr.. R. H.
3yelch is counsel for the B. F. john
son Publishing company, which is the
complainant in the action.
The order is as follows:
State of South Caro1lna, Richland
County: Court of Common Pleas.
The B. F. Johnson Publishing Com
pany, petitioner.
Cole L. Blease, governor of South
Carolina and ex efhcio chairman; J. E.
Swearingen, superintendent Of educa-
ton and ex-of1cio secretary; D. ".
Daniel, A. J. Thackston, J. L. Glenn,
A. G. Rembert, H. F. Rice, Nathan
Toms and D. NJ. O'Driscoll, constitut-
ing the State board of education of
South Carolina, respondents.
Rule to show cause.
Upon reading the verified petition
herein and upon motion Of R. H.
Welch, attorney for the petitioner, it
is ordered:
That the respondents above named
do show cause, if any they have, be-
fore the court Of common pleas for
Richland county On the I'd day of Oc-
tober, or as soon thereafter as coun-
~sel can be heard, why relief prayed
for should not be granted.
That in the meantime, and until the
further order of the court, the re-
spondents as the State board Of edu-
cation of South Carolina be and are
hereby enjoined and restrained from
permitting, authorizing Or allowing
the introduction of the readers Of the
D. c.. Heath company, mentioned IN
petition herein into the free public
schools of this State for the use of
the school children therein.
Let a copy of this order be forth
: with served upon the said board by
serving the same upon the chairman
thereof.
John IS. Wilson,
Presiding Judge Fifth Judicial Circuit.
The Complaint.
The B. F. Johnson Publishing con-
pany complains that the State board
of education, On April IL, 1911, save
notice to publishers that the board
would meet in Columbia on Saturday,
June II, for the adoption of a uniform
series of text books, and sealed bids
were advertised for to be opened only
at meeting of the board in regular
session; that no agent or publisher
shall appear before the board except
upon Invitation of board; that the pc
toner filed, as directed, with the Sec
retary it's bid.
That June II all bids were rejected
on account of the exchange provision
of the contract and the board, follow
ing objections from publishers, called
the publishers in and notified them Of
a change in the form of contract; new
bids were asked for to be in at
o'clock on the same day.
The B. F. Johnson Publishing COM
pany continues BY saying that their
bid was filed at the time required and
that their bid was accepted for third
fourth and fifth readers. That subse-
quel the board sent to the company
"a contract to execute covering the
award; that the board undertook to
force the company to interpret para
graph relating to the amount of ex-
change allowance in case book of a
lower grade should be offered in ex-
change for a book of higher grade;
that the boards Interpretation was
wrong and unheard of in the text
book business, and violative of every
correct principle of the text book ex-
change.
The complaint continues that be-
cause of such an Interpretation the
board refused to execute the contract
which had been awarded to the John
son company and attempted to adopt
another set Of readers and entered in
to a contract with the D. c. Heath
company for supplying the same to the
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