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the list of prescribed text-books, the secretary of the commission shall notify all publishers of text-books who shall have placed their names and postoffice addresses on file with the superintendent of public instruction, to be kept on file in the office of said superintendent of public instruction, that the text-book commission will meet, as herein provided, and will receive sealed proposals, up to twelve o'clock, noon, of the third Thursday of June, 1911, and up to twelve o'clock, noon, of said third Tuesday of June every four years thereafter, for supplying the State of Nevada with a series of text-books for use in all the public schools of the state, for a period of four years from and after the first day of September, 1911, and for like periods of four years from and after the first day of September every four years thereafter, in the following branches, viz: Reading, grammar, arithmetic, geography, history of the United States, physiology and hygiene, writing, spelling, drawing, music, and will also approve other books for supplemental use, as permitted in this act. Said sealed proposals shall be made in accordance with a form to be prescribed by the commission and shall be addressed to the superintendent of public instruction, Carson City, Nevada, and shall be endorsed "Sealed proposals for supplying text-books for use in the State of Nevada” Said proposals shall include a statement of the introductory price, the exchange price for new books in the hands of the dealers, the exchange price for second-hand books and the retail price at which publishers will agree to furnish each text-book to the school children of Nevada at one or more places in each county as shall be designated by the commission, Whenever any contract shall be terminated by reason of the failure of any contracting publisher to observe the terms of the contract, or when any contract shall cease to be in force and effect, the text-book commission shall notify publishers to this effect, in a manner hereinbefore prescribed, that adoptions will be made to fill out the unexpired term of such contract, and that sealed bids shall be filed with the superintendent of public instruction on or before a date to be determined by the commission, to be specified in the notification to publishers.
[See section 4, paragraphs 1 and 2, of this code, as modified by Stats. 1913, 103, 104.] Geographies to contain Special Matter for Nevada.
SEC. 162. The publishers, contracting and agreeing to furnish books for use in the State of Nevada under the provisions of this act, shall cause to be prepared a special map and a special supplement descriptive of Nevada for the geography adopted by said commission. The map and special descriptive geography of Nevada shall be revised every four years by the publishers. They shall further agree to maintain the mechanical excellence of the books adopted by said commission, fully equal to the samples submitted, in binding, printing, quality of paper, and other essential features, and the books shall be of the latest revised edition. Commission to Adopt Text-Books.
SEC. 163. It shall be the duty of said text-book commission to meet at the time and place mentioned in said notice and to open all sealed proposals in public, in the presence of a quorum of said commission, to select and adopt such text-books for use in the public schools, and to approve such supplemental books as in the opinion of the commission will best subserve the educational interests of the state; provided, however, that the text-book commission may, at its discretion, reject any and all proposals, if it be deemed by it to be to the interest of the state so to do, and call for new proposals, stating the time when such new proposals shall be opened, which time shall not be later than thirty days from the rejection of the previous proposals. Commission's Choice the Standard for Nevada-Supplemental Books Allowed.
Sec. 164. The series of text-books so selected and approved by said text-book commission shall be certified to by the president and secretary, and said certificate, with a copy of the books named therein, shall be placed on file in the office of the superintendent of public instruction. Such certificate must contain a complete list of all books adopted and approved by said commission, giving introductory, exchange, and retail prices for which each text-book will be furnished, and the names of the publishers agreeing to furnish the same. The said books named in said certificate shall, for a period of four years, from and after the first day of September next following the date of such adoption, be used in all the public schools of the state to the exclusion of all others; provided, however, that nothing in any part of this act shall be construed so as to prevent the purchase or use by the district of any supplemental or reference books for use in the schools of this state. Commission Shall Make Contracts.
SEC. 165. The text-book commission shall have power to make such contracts for the purchase and use of text-books in the name of the state as it shall deem necessary for the interests of the public schools. Such contracts shall set forth the introductory, exchange, and retail price of each text-book, and such prices shall not be less favorable than the prices at which such books are sold in any other state. And the contracts shall also provide that the state or any school district may purchase its books direct from the publishers of the same. In case payment for said books is delayed more than sixty days after delivery thereof, the account shall draw interest at the rate of six per cent per annum from the date of delivery until paid. As amended, Stats. 1915, 352. Contractors to Give Bonds-Proviso.
SEC. 166. All publishers contracting to furnish text-books adopted by the text-book commission shall be required to give bonds in an amount equal to one-half of the value of the books to be furnished during one school year, as estimated by the text-book commission, and such bonds shall be forfeited to the state distributive school fund, if such publishers fail to comply with the terms of the contract in any county of the state; provided, however, that such books shall not be forfeited through the unauthorized action of text-book dealers in this state if such publisher shall, upon notification by the superintendent of public instruction, promptly correct any violation of contract prices on the part of any local dealer. Upon information furnished by the state text-book commission, the attorney-general shall bring action for the recovery of the amount of any such bond of any publisher who shall have failed to comply with the terms of any contract, and the full amount named in such bond shall be deemed to be fixed and liquidated damages for the breach of such contract. Contracts, When in Effect.
SEC. 167. Such contract with the publishers of text-books shall not
take effect until such publishers shall have filed with the secretary of state, their bond, with at least two sufficient sureties, or a bond from a bonding company authorized to do business in this state, to be approved by the governor, and in such sum as shall be determined by the textbook commission. Contracts Void, When.
SEC. 168. In case the publishers of any text-books adopted by the text-book commission shall not, on or before the fifteenth day of July next following such adoption, have filed with the secretary of state a bond as hereinbefore provided, or in case such publishers shall at any time thereafter fail to comply with the terms of such contract, and if within reasonable time, after due notice shall have been given by the superintendent of public instruction, they shall have failed to comply with the conditions of the contract in any respect, the adoption of such books shall become null and void. The text-books adopted by the said text-book commission under this act shall, upon the compliance of the publishers with the aforesaid conditions, continue in use for the period of four years after the first day of September next following the date of such adoption, to the exclusion of all other text-books. Price of Text-Books Promulgated.
SEC. 169. Whenever the publishers of the books adopted under the provisions of this act shall have filed their bond as herein provided, it shall be the duty of the superintendent of public instruction to cause all prices of text-books as guaranteed by the publishers to be printed and distributed among the superintendents and school trustees, and it shall be the duty of the school trustees in each district to cause such prices to be kept constantly posted in a conspicuous place in each schoolroom. Use of Authorized Books Compulsory-Penalty-Annual Report.
SEC. 170. The text-books adopted by the text-book commission shall be used in every public school in the state in the grades for which they are adopted, and no other books shall be used as text-books in such grades; provided, however, that this section shall not be interpreted in such a manner as to prohibit the use of supplemental books purchased by the district. Any school officer or teacher who shall violate the provisions of this act by requiring the pupils to use text-books other than those adopted by the text-book commission, or by permitting the use of such other books as texts, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than twenty dollars, nor more than one hundred dollars. All superintendents and school officers are charged with the execution of this law, and the superintendent of public instruction shall require the trustees of the several school districts, or the clerks thereof, to report annually as to the text-books used in their schools. Per Diem of Appointed Commissioners.
Sec. 171. The members of the state text-book commission shall, with the exception of the governor, the superintendent of public instruction, and the president of the university, receive the sum of five dollars per diem for each day actually engaged in transacting the business of the commission, and actual traveling expenses.
There is hereby appropriated the sum of five hundred dollars per year, or so much thereof as may be necessary to carry out the provisions of this act, from the state general fund. Bills for such compensation shall be allowed and paid in the usual manner. The state text-book commission shall not be in session more than ten days in any one year. Penalty for Overcharge on Books.
Sec. 172. Any person who shall sell or bargain to sell any of the regularly adopted text-books for any amount more than the prices agreed upon by the several text-book publishers and the text-book commission, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty dollars, nor more than one hundred dollars; provided, that any local dealer in the state may, when sending out such books by mail, include in the selling price the cost of the postage necessary to send such books by mail.
COUNTY HIGH SCHOOLS
County High Schools, When Established by Popular Vote.
SEC. 173. There may be established in any county in this state a high school; provided, that at any general or special election held in said county after the passage of this act, a majority of all the votes cast at such election, upon the proposition to establish a high school, shall be in favor of establishing and maintaining such high school at the expense of said county. County Commissioners to Submit Question to Popular Vote–Ballots.
SEC. 174. The board of county commissioners at any general election to be held in any county after the passage of this act, upon the presentation of a petition signed by fifty or more qualified electors, taxpayers of said county, at any regular meeting of said board held not less than eight weeks before any general or special election, must make an order submitting the question of establishing, constructing, and maintaining a county high school to the qualified electors thereof. The board of county commissioners, upon the presentation of said petition, may order a special election for said purpose. Said election shall be conducted in the manner prescribed by law for conducting elections, and the ballots at such election shall have printed thereon the words "For a county high school” and the words " Against a county high school” The votes cast for and against said county high school at any election therefor shall be counted and the returns thereof made and canvassed in the manner provided for by law for counting, making returns, and canvassing the votes of a general election; provided, that the election officers appointed to conduct any special election held in accordance with this act, as required by law, shall perform all services required of them by law in holding and conducting such elections, without any fees or pay therefor. Location of School, How Determined-Form of Ballot.
SEC. 175. If a majority of the votes cast on a proposition to establish a county high school shall be in the affirmative, it shall be the duty of the board of county commissioners, within thirty days after canvassing said vote, to locate the high school in the place in said county where the said board shall deem most suitable and convenient for the purpose. If, after the county commissioners shall have located said high school, there shall be presented a certified petition bearing the signatures of at least one-fourth of the qualified voters of such county according to the last
general election returns, said petition requesting a vote on the question of the location of the county high school and specifying a desired location, said board of county commissioners shall submit the question of such location to the voters of the county at the next general election, or a special election called for the purpose of voting upon the question of locating or changing the county high school; provided, that in all cases where special elections have been called by the board of county commissioners of any county of this state previous to the passage of this act to submit the question of location of any county high school to the voters in any such county wherein two thousand or more votes were cast at the last general election, and wherein the assessed valuation of real and personal property is six million dollars or more, the board of county commissioners may, if said board deems it to the best interest of the people of such county, establish two county high schools; one at the place selected by the board of county commissioners and one at the place named in the petition presented to the said board of county commissioners praying for said special election in said county, and thereupon the said board may revoke the order calling said special election, and in such cases no special election shall be held. At any general or special election at which the location of any county high school is submitted to the voters of the county, the form of ballot shall be: Shall the County High School be located at - ?
Yes --Shall the County High School be located at --- ? In any other respects the provisions of the general election law shall be followed. If at any such election a majority of all voters who shall vote on the question of such location shall vote in favor of locating the county high school at the place designated in the petition, it shall be the duty of the county board of education to cause the high school to be located at such place, not later than the first day of the next following September. While the vote on the question of changing the location of any county high school is pending, no contract for the purchase of grounds or for the erection of a building shall be made. When the location of the county high school has been finally determined, the board of county commissioners shall estimate the cost of purchasing suitable grounds, procuring plans and specifications, erecting a building, furnishing the same, fencing and ornamenting the grounds, and the cost of running said school for the following twelve months; provided, that the estimate mentioned herein for purchasing suitable grounds, procuring plans and specifications, erecting a building, furnishing the same, and fencing and ornamenting the grounds shall not be made, if previous to the time when the commissioners are to make such estimate the legislature shall have authorized said county to issue bonds for such purpose. Tax Levy.
Sec. 176. When such estimate shall have been made, the board of county commissioners shall thereupon immediately proceed to levy a special tax upon all the assessable property of the county, sufficient to raise the amount estimated. Said tax shall be computed, entered on the tax roll, and collected, and the amount so collected shall be deposited in the county treasury and be known and designated as the "County High School Fund” and shall be drawn from the treasury in the manner now provided by law for drawing money from the treasury by school trustees;