Chandler v. Los Angeles City High School District

CRAIL, P. J.

This comes before us on a petition for a

writ of mandate against the Los Angeles City High School District in which the petitioner asks this court to issue a writ requiring said school district to purchase certain school books directly from the publishers or their respective agents or designated depositories exclusively.

[596]

The petition alleges and the demurrer admits that the publisher and its designated depository has complied with all the laws of California and particularly sections 6.370 to 6.460 of the School Code of California with regard to the listing and pricing of the books and bonding of themselves not to sell the books at a greater price than in the list, but that the respondent, instead of purchasing the books from the publisher at the list price, is advertising for bids and has purchased books at less than the prices listed with the state board and threatens to continue to do so unless the writ is issued.

We have examined the sections of the School Code referred to and can readily see that the legislature has worked out a comprehensive plan whereby the school districts can be protected against the formation by the publishers of a combination under which excessive or exorbitant prices could be charged for high school textbooks sold to the district for free use by the pupils. But we fail to find anything in the law which requires that the books which are listed must be purchased from the publisher.

Petitioner contends that when the publishers in open competition with each other in California and other states in the Union having laws similar to ours with- respect to the listing and adoption of uniform textbooks have submitted their books to the state board with their catalogue prices and stated amounts of discounts therefrom and allowance for exchanges and executed their bonds to the state, and these books and prices have been accepted by the state board and officially listed, all of the protection afforded by free, open and competitive bidding has been accomplished, and purchases must be made directly from the publishers without competitive bidding.

The nearest approach to such an idea is contained in section 6.424, which reads as follows: “It shall be the duty of the clerk or secretary, or other person named by the board of [for] such purpose, to purchase textbooks on order of the governing board of the high school district and to examine the books when received, and if they are found to be correct and in accordance with the order, a warrant shall be drawn for the proper amount, including the cost of transporting the textbooks, against any fund of the high school district available for such purpose and remitted to the publisher within thirty days after receipt of the books.”