deposited in the office of the Secretary of State. The bond shall not be exhausted by a single recovery thereon but may be sued upon from time to time until the full amount thereof is recovered, and the Board may at any time after twenty days notice require a new bond to be given and in the event the contractor or contractors shall fail to furnish such new bond, the contract of such contractor or contractors may at the option of the Board be forfeited.

SEC. 5. It shall be the duty of the Board to meet at the time and place mentioned in the notice and advertisement and it shall adopt such rules and regulations as may be necessary to the transaction of its business, not contrary to the provisions of this act, and shall then and there open and examine the sealed proposals received and it shall be the duty of the Board to make a full and complete investigation of all the books and bids accompanying the same. The literary merits of the books shall be the main point to be considered in their adoption. The Board shall proceed without delay to adopt for use in the public schools of this State text books on the branches herein before mentioned and shall notify the publishers to whom contracts are awarded. Each contract shall be duly signed by the publishing house or its authorized officers and agents, and if it is found to be in accordance with the award and all the provisions of this act, and if the bond herein required is presented and duly approved, the Board shall approve said contract and order it to be signed on behalf of the State by the Governor in his capacity as Chairman. All contracts shall be made in duplicate. One copy to remain in the custody of the Secretary of State and to be copied in full in the minutes of the meeting of the Board in a well bound book and the other copy to be delivered to the company or its agent. The contract price of each book shall be plainly printed on the back of each book, together with the following notice: "The prices marked hereon are fixed by the State and any deviation therefrom should be reported to the State Superintendent at Austin, Texas." The Board shall not in any case contract with any publisher for any book or books to be used in the public schools of this State at a price in excess of the lowest price at which said publisher or publishers furnish and distribute the same book or books under contract with any other State, county or school district in the United States: provided that no book or books shall be purchased from any person, firm or corporation who is a member of or connected with any trust. Before proceeding to adopt books as provided for under the provisions of this act, the Text Book Board shall require all corporations bidding for a contract under the provisions of this act to file with the Governor a sworn statement on or before the date selected by the Board for receiving sealed bids, stating whether said corporation is interested or whether any individual stockholder is interested or acting as director, trustee or stockholder either directly or through any third party in any manner whatsoever in any other publishing house; and this statement shall be sworn to by the President, Secretary and each one of the directors of said corporations. And all firms or persons bidding for a contract under the provisions of this act shall present a sworn statement signed by all its members showing the names of all members of said firm, whether any other person, firm or corporation has any finan

cial interest in said firm, also whether any individual member or members of said firm have any financial interest in any other publisher, publishing firm or corporation of publishers. Provided further that the Text Book Board shall require all corporations, persons or firms to file with the Governor, attested copies of all written agreements entered into and existing between them and others engaged in the publishing business. And if in the opinion of the Text Book Board, such written agreements and other facts adduced are violations of the antitrust law of the State of Texas, and opposed to public policy, the bids of such houses shall not be considered by said Board.

SEC. 6. It shall be part of the terms and conditions of every contract made in pursuance of this act that the State of Texas shall not be liable to any contractor thereunder for any sum whatever, but all such contractors shall receive compensation solely and exclusively from the proceeds of the sale of school books as provided in this act, and it is hereby provided that the State shall have the right to terminate said contract whenever the law is repealed or amended, altered or qualified as to make necessary or expedient that such contract should be revoked and all contracts shall contain a stipulation to that effect. The State may at its election cancel any contract entered into by virtue of the provisions of this act, for fraud or collusion upon the part of either party to the contract, or any member of the board, or any person, firm, corporation or their agents making said bond or contract and for the cancellation of any such contract the Attorney General is hereby authorized to bring suit in the proper court of Travis County, and in case of the cancellation of any contract as provided for, the damages are fixed at not less than the amount of said bond, to be recovered as liquidated damages in the same suit cancelling said contract; and on account of the difficulty of determining the damage that might accruc by reason of such fraud and cancellation of such contract, the full amount of the bond given by any contractor shall be considered as liquidated damages to be recovered out of said bond by the State at the suit of the Attorney General, and every contract shall contain a clause to this effect.

SEC. 7. As soon as the State shall have entered into the contracts for the furnishing of books for use in the public schools in this State under the provisions of this act, it shall be the duty of the Governor to issue his proclamation of such fact to the people of the State, and the State Superintendent of Public Instruction shall carefully label and file away the copies of the books adopted as furnished for examination to the Board, and such copies of said books shall be securely kept and the standard of quality and mechanical excellence be maintained in said books during the continuance of the contract.

SEC. 8. The party with whom the contract has been made shall establish and maintain in some city in this State a depository where a stock of their goods to supply all immediate demands shall be kept; all contractors not maintaining their own individual or separate State agencies or depositories shall maintain a joint State agency or depository to be located at some convenient and suitable distributing point at which general depository each contractor joining in said joint agency shall keep on hand a sufficient stock of books to supply sub-depositories

and every contractor shall establish and maintain in every county in the State having an enrollment of five hundred pupils or more in the public schools as shown in the last preceding report to the County Superintendent on file in the office of the State Superintendent of Public Instruction, one or more agencies, one of which shall be at the county seat. At each county seat as above provided, and in every city in this State containing 1000 inhabitants or over shall be maintained an agency carrying a sufficient stock of all books contracted for to supply all immediate demands. Provided that in the counties not entitled to a depository under the conditions as provided for in this act, contractors shall supply such adopted books under such rules and regulations as may be prescribed by the State Board of Education. Any person, dealer or school board in any county in the State may order from the central agency, and the books so ordered shall be furnished at the same rates and discount as are granted to agents at the county seat, provided that the price of books so ordered be paid in advance. Upon failure of any contractor under the provisions of this act, to furnish the books as provided in the contract and in this act the county judge in the county wherein such books have not been so furnished shall report the fact to the Attorney General and he shall bring suit on account of such failure in the name of the State of Texas, in the District Court of Travis County, and shall recover on the bond given by such contractor for the full value of the books not furnished as required and in addition thereto the sum of one hundred dollars ($100) and the amounts so recovered shall be placed to the credit of the available school fund of the State. Unorganized counties shall be furnished from the same agency as the county to which said unorganized county is attached for judicial purposes in the same manner as such organized county.

SEC. 9. As soon as practicable after the adoption of the text books provided for in this act, the Superintendent of Public Instruction shall address a circular letter to the County Superintendents and the presidents of the school boards in independent school districts which circular letter shall contain a list of the books adopted, with their respective prices together with such other information as he may deem advisable.

SEC. 10. The books adopted by the Board under the provisions of this act shall be introduced and used as text books to the exclusion of all others in the public free schools of this State, for a period covering five scholastic years, beginning September 1, 1908, provided nothing in this act shall be construed to prevent or prohibit the patrons of the public schools throughout the State from procuring books in the usual way in the event that no contracts are made or in the event that the contractor fails or refuses to furnish the books provided for in this act at the time that said books are required for use in the schools.

SEC. 11. Any school trustee who shall prevent or aid in preventing the use in any public school in this State of the books or any of them as adopted under the provisions of this act, or any teacher in this State who shall wilfully fail or refuse to use the books adopted under the provisions of this act, shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than five dollars nor more

than fifty dollars for each offense and each day of such wilful failure or refusal by said teacher or wilful prevention of the use of the books by said school trustee shall constitute a separate offense.

SEC. 12. The sum of one thousand dollars or so much thereof as may be necessary is hereby appropriated out of the general revenue of this State not otherwise appropriated for the purpose of paying the cost and expense of putting into effect the provisions of this act, provided that the teachers selected under the provisions of this act shall receive as compensation for the services the sum of five dollars per day while on duty and actual traveling expenses in going and returning from the place of meeting to be paid upon warrants drawn by the Comptroller under the direction and approval of the Governor.

SEC. 13. Any person, firm or corporation with whom a contract has been entered into under the provisions of this act shall designate the Secretary of State of Texas, as its or their agent upon whom citation and all other writs and process may be served in the event any suit shall be brought against such person, firm or corporation.

SEC. 14. The fact that there is no law in this State to authorize the selection of text books for the public schools in this State and the present contract for text books will shortly expire, creates an emergency and an imperative public necessity requiring the constitutional rule that bills to be read on three several days be suspended and it is hereby suspended, and that this act shall take effect and be in force from and after its passage, and it is so enacted.

Approved May 14, 1907.

Takes effect ninety days after adjournment.

TRUSTS-DEFINING AND DECLARING SAME ILLEGAL.

S. B. No. 60.]

CHAPTER X.

An Act to amend an act of the Thirtieth Legislature of Texas, Regular Session, approved April 25, 1907, entitled "An Act to amend Chapter XCIV, page 119, of the Acts of the Twenty-eighth Legislature, entitled 'An Act to define, prohibit and declare illegal, trusts, monopolies and conspiracies in restraint of trade, and to prescribe penalties for forming or being connected with such trusts, monopolies and conspiracies, and to provide for the suppression of the same, and to promote free competition in the State of Texas, and to repeal all laws in conflict herewith,' by adding to said law Section 18, concerning punishment for violation thereof, Section 19, with reference to venue, Section 20, with reference to the duties of district and county attorneys and the Attorney General, and Section 21, concerning fees," and declaring an emergency. By adding to said Chapter 94, page 119, of the Acts of the Twenty-eighth Legislature, Sections 19, 20, 21 and 22, said Section 19 defining, prohibiting and declaring illegal trusts, monopolies and conspiracies in restraint of trade, providing criminal prosecution therefor, and fixing the punishment and penalties for violations of said chapter and of this act; Section 20, fixing venue for criminal prosecutions and providing that such prosecution shall not bar a prosecution of or recovery against any other person or persons for the same offense; Section 21, defining the powers and prescribing the duties of county and district attorneys of this State and of the Attorney General under this act; and Section 22, fixing the fees of the county and district attorneys for prosecutions under this act, and apportioning such fees between such county and district attorneys, and providing that this act shall not repeal said Chapter 94 Acts of the Twenty-eighth Legislature of Texas, and that this act shall be cumulative thereof, and declaring an emergency.

Be it enacted by the Legislature of the State of Texas:

SECTION 1. That an act of the Thirtieth Legislature of the State of Texas, Regular Session, approved April 25, 1907, entitled "An Act to amend Chapter XCIV, page 119, of the Acts of the Twenty-eighth Legislature, entitled 'An Act to define, prohibit and declare illegal trusts, monopolies and conspiracies in restraint of trade, and to prescribe penalties for forming or being connected with such trusts, monopolies and conspiracies, and provide for the suppression of the same, and to promote free competition in the State of Texas, and repeal all laws in conflict herewith by adding to said law Section 18 concerning punishment for violation thereof; Section 19 with reference to venue; Section 20 with reference to the duties of district and county attorneys and the Attorney General, and Section 21, concerning fees and declaring an emergency," be amended by adding to said Chapter XCIV, page 119, Acts of the Twenty-eighth Legislature, Sections 19, 20, 21 and 22,

Said Section 19, defining, prohibiting and declaring illegal trusts, monopolies and conspiracies in restraint of trade, providing criminal prosecutions therefor and fixing the punishment and penalties for violations of said chapter and of this act; Section 20 fixing venue for criminal prosecutions, and providing that such prosecutions shall not bar a prosecution of or recovery against any other person or persons for the same offense; Section 21 defining the powers and prescribing the duties of county and district attorneys of this State and of the Attorney General under this act; and Section 22, fixing the fees of the county and district attorneys for prosecutions under this act, and apportion