Chap. 79.—An ACT relating to contracts for text books adopted for use in
the public free schools of the Commonwealth. (S. B. 56)

Approved March 11, 1915.

Be it enacted by the general assembly of Virginia:

1. That the State board of education shall enter into written con-
tracts with the publishers of text books adopted for use in the public free
schools of the Commonwealth, and the said contracts shall contain the
following representations, terms and conditions, to-wit:

(a) That the wholesale prices named in said contracts are in all
cases as low as the wholesale prices at which said books are sold anywhere
in the United States, and that the retail prices named in said contracts
are in all cases as low as the retail prices at which said books are sold
anywhere in the United States, taking into consideration the cost of
distribution, and that the terms of exchange of books as set out in said
contracts are in all respects as favorable to the patrons of the schools of
Virginia as those granted by the publisher anywhere in the United States.

(b) That if the prices of said books or any of them shall at any time
be reduced, or the terms of exchange made more favorable to the pur-
chasers anywhere in the United States, the same reduction and the same
exchange privileges shall thereupon immediately be granted throughout
Virginia, and the publisher shall immediately notify the superintendent
of public instruction of such changes.

(c) That if any such publisher should issue any special or other
editions of any such books and sell the same outside of the State of
Virginia at lower prices than those named in said contract, the said pub-
lisher shall furnish the superintendent of public instruction, immediately
on the publication of said edition, a copy thereof together with a state-
ment of the lowest price being charged therefor, and thereupon the State
board of education may, in its discretion, require said publisher to issue
a similar edition for Virginia, adopted in text to use in this State, and
in all respects satisfactory to the State board of education; and the said
edition for Virginia shall be sold at the lowest price at which are sold
said special or other edition issued outside of this State, as aforesaid ; and
if said publisher fail to issue said similar edition, approved by the State
board of education, in time for use at the beginning of the next school
year following the issue of said special or other edition outside of this
State, then the edition mentioned in the contract shall be sold through-
out the State at the lowest price said special or other edition is sold out-
side of Virginia, and such reduced price shall prevail until such edition
is issued for Virginia, as aforesaid.

(d) A provision under which, in case the publisher is a foreign cor-
poration or a non-resident of this State, the secretary of the Common-
wealth shall be appointed as agent upon whom process may be served
against the publisher in case any legal proceedings be commenced to
enforce any rights or claims arising under said contract.

(e) Any other representations, terms or conditions which the said
board of education may deem necessary for the protection of the patrons
and pupils of the public free schools or to the interest of the public
school system.
x. Any publisher entering into any such contract shall furnish along
with the same a sample copy of all books mentioned therein, and said
copies shall, in all cases, be identified by a reference to the date of said
contract and by the signature of the publisher on the fly-leaf thereof; and
all books furnished in pursuance of said contract shall in all respects as
to text, paper, binding, printing, illustrations, and in all other particu-
lars be the same as the sample book filed with the contract as aforesaid,
except such changes as may be agreed upon by the State board
of education.

3. And the State board is hereby authorized, in its discretion, to
enter into contracts by which the plates used in printing books may be
rented to manufacturers, in order that the same may be used for the
purpose of manufacturing books for use in the public free schools of
the State.

4. The State board of education is authorized to enter into, any “con-
tracts pertaining to the distribution of school books, which in the opinion
of the board will improve the system of distribution or lessen the cost
of books to the patrons of the public schools.

5. And each of said contracts shall be accompanied by an affidavit
that all representations made therein are true, and that the prices and
terms named therein were not made in pursuance of any understanding,
agreement or combination to control prices of, or restrict competition, in,
the sale of text books; and the said affidavit shall also set out, in such
detail as may be required by the superintendent of public instruction, the
publishers lowest list prices of the books named in the contract together
with the lowest wholesale, retail and exchange prices of the same any-
where in the United States, whether sold to patrons, dealers, school boards
or others. And said contracts shall also be accompanied by a bond, with
good and sufficient surety in the penal sum of not less than one thous-
and nor more than twenty thousand dollars, to be approved by the State
board of education and to be conditioned upon the performance of all
the terms and conditions of said contract and the payment of liquidated
damages as hereinafter provided for, and any damages in excess thereof
which may be proved to have been sustained by reason of the violation of
such terms and conditions.

6. Upon the discovery of any misrepresentation of fact in said con-
tract, or upon the violation of any of the terms or conditions therein
contained, the publisher violating shall, upon the demand of the said
board of education, pay as liquidated damages, the sum of one thousand
dollars to the Commonwealth of Virginia to the credit of its literary
fund, and in all cases of such violation the said board of education may,
in its discretion, in addition to its demand for liquidated damages as
aforesaid, declare said contract null and void.

?. The superintendent of public instruction shall take care that all
the representations, terms and conditions of said contracts are complied
with and shall report all violations of the same to the State board of edu-
cation, and if said boards be of the opinion that public interests so re-
quire, they shall instruct the attorney general to institute such legal pro-
ceedings as he may deem proper in the premises.

8. It shall be the duty of all division superintendents of schools,
school trustees and teachers to notify the superintendent of public in-
struction promptly of any departure on the part of dealers from the re-
tail prices of books as fixed by the State board of education and of any
failure to furnish promptly all books necessary for use in the public free
schools.

814. All votes of the State board of education upon questions re-
lating to the adoption of and contracts for text books for use in the public
schools of the Commonwealth, shall be taken in open sessions and shall
be recorded.

9. All acts, or parts of acts, in conflict with this act are hereby
repealed.

10. In as much as the said board of education is now negotiating
contracts for text books to be used in the public free schools during the
coming session, this act is hereby declared to be an emergency act, and
shall be in force from its passage.