the cost of the material and labor required to publish each book provided for in this act, and from this statement, together with the cost of copyrights, royalties, authorship, and other necessary expenses, said commission shall fix maximum prices, based on the actual cost of production and distribution, at which said books shall be sold for cash only to school patrons of this state, and no school textbook shall be sold at a price in excess of that fixed by said School Book Commission, except as provided for in section 8 of this act. (Laws 1913, ch. 288, sec. 7.)

SEC. 629. Purchase of School Books; Dealers. That section 8 of chapter 288 of the Session Laws of 1913 be amended to read as follows: Sec. 8. It shall be the duty of each school district board, and board of education of cities of the first and second class in the state of Kansas, to provide a revolving fund for the purpose of enabling the district clerks, or the clerks of the boards of education, to purchase for the use of the school under their control the necessary state school text books for use in said schools. The treasurer of each district board and each board of education is hereby authorized and directed to pay out of said funds all orders lawfully drawn for the purchase of the necessary state school text books for use in such school districts, or city schools. Each district clerk, and each clerk of the board of education shall replace the moneys paid out of the revolving fund with cash received by him for the books. sold to the patrons of said schools; provided, that each school district and each city may have the privilege of providing the pupils in said district, or city, with text books free of cost if so authorized by majority vote of the qualified electors in such city or school district voting at an election held for the purpose of determining how the books shall be distributed, and provided, whenever, and so often as any educational institution in this state shall adopt text books published under this act, such institution for all purposes of purchase and distribution of such books shall be deemed as included in the term public schools as used herein; provided further, that the district board of any district, or the board of education of any city may designate a dealer or dealers in said school books, who shall be authorized to act as distributing agents for said school district, or city, in which case the said dealer shall be allowed a commission of fifteen per cent of the cost price of the books as authorized by the State School Book Commission, which commission shall be added to the cost price; provided, however, that the said dealers shall purchase the books outright from the state, and no book shall be furnished to such dealer except upon the payment of cash in hand; provided further, that in counties where no person or persons will handle the books provided for in this act the county commissioners shall create a sufficient revolving fund to purchase and distribute the school books and they shall name the county clerk of their respective counties as purchasing

and distributing agent; and under the direction of the county commissioners, when deemed necessary he may appoint subagents for the purpose of distributing the said school books. (Laws 1915, ch. 297, sec. 2.)

SEC. 630. Requisitions; Payment; Shipment; State School Book Fund. That section 9 of chapter 288 of the Laws of 1913 be amended to read as follows: Sec. 9. If the district board of education desires to deal directly with the [State] School Book Commission instead of through authorized agents, they shall, through the district clerk or the clerk of the board of education, on or before the first day of July in each year, make upon the secretary of said [State] School Book Commission a requisition for such books as such schools may require, based upon a careful estimate for the ensuing school year; provided, that subsequent requisitions may be made from time to time during the school year for such additional books as may be needed. All requisitions shall be accompanied by cash payments in full. The said school text books so procured shall be sold to school districts or authorized dealers for cash at prices not in excess of those authorized by the State [School] Book Commission, except as provided in this act, or the books may be furnished free or loaned to pupils, as may be determined by the electors in such city or districts. On requisitions being made, the secretary shall ship the books, carriage prepaid, to the railroad station nearest to their destination. All requisitions for books by district clerks, clerks of boards of education and dealers shall be accompanied by an amount of money sufficient to pay for the same at the prices fixed therefor, but the State School Book Commission and the secretary shall ship no books unless he shall have received from the district clerk, clerk of the board of education or authorized dealers the full amount therefor at the established price; provided, that the president of the State Normal School and the heads of other state educational institutions, or of other educational institutions deemed to be included as public schools under this act, shall, upon the same condition as to payment, make like requisitions upon the secretary for books for use in the schools under their supervision. It shall be the duty of the secretary to report to the state auditor on or before the tenth day of each month an itemized statement of the number of books sold by him during the preceding month, with the amount received for same, and to pay weekly the money received for the same into the state treasury; provided, that no books shall be considered as sold or reported to the state auditor as sold by said secretary until shipment of such books shall have been made, and no sale shall be regarded as made, and no money received from the sale of books shall be paid into the state treasury until the books for which such money was paid to the secretary of the State [School] Book Commission shall have been shipped

by him to the purchaser. All moneys received by the state treasurer under the provisions of this act shall be kept by him in a separate fund to be known as "the state school book fund," and shall be used as a revolving fund by said commission for the purchase of material, payment of labor, royalties, copyrights and all other expenses incurred in the purchase or publication and distribution of school books as provided in this act. (Laws 1915, ch. 297, sec. 3.)

SEC. 631. Application and Agreement of Dealer. That section 10 of chapter 288 of the Session Laws of 1913 be amended to read as follows: Sec. 10. Any retail dealer who has been designated as purchasing and distributing agent by any school district board or board of education, shall make application to the secretary of the [State] School Book Commission accompanied by an agreement duly executed, which shall be in substance as follows: "In consideration of having been designated as purchasing and distributing agent for school district No. or for the city of and of receiving for sale on the enclosed order or upon any future order, the state series of school books or any part thereof provided by the State School Book Commission of Kansas, I hereby agree that I will not sell said state series of school text books or any part thereof at a price exceeding fifteen per cent above the price established by the said State [School] Book Commission." Said agreement shall be endorsed by the county superintendent of public instruction in the following words, to wit: "I hereby certify that in county, has been authorized to act as purchasing and distributing agent for school district No., or by the board of education for the city of (Laws 1915,

ch. 297, sec. 4.)

SEC. 632. Copies of Agreement and Price Lists Furnished. It shall be the duty of the state superintendent of public instruction to furnish to each county superintendent of public instruction and each superintendent of schools in cities of the first and second class, for the use of any retail dealer in his county or city who may apply for permission to sell the books of the state series, printed copies of the above agreement together with lists of maximum prices of such books as fixed by the State School Book Commission. And any dealer who shall fail, neglect or refuse to comply with the condition of such agreement shall forfeit his right to any further purchases of said school books from the state. (Laws 1913, ch. 288, sec. 11.)

SEC. 633. Penalty for Increase of Price and for Use of Other Books. That section 13 of chapter 288 of the Session Laws of 1913 be amended to read as follows: Sec. 13. Any person or persons who shall directly or indirectly demand or receive money or anything of value for any book or books provided for in this act in excess of the price fixed by the State School Book Commission, except the fifteen per cent hereinbefore provided

for retail dealers, and any member or members of any district board or board of education, or any superintendent, principal, or teacher of any public school in the state, who shall adopt, use or procure to be used in any public school in the state, in the same branch, any text book or books as a substitute for or in lieu of any text book provided for in this act shall be deemed guilty of a misdemeanor, and upon conviction in any court of competent jurisdiction, shall be punished by a fine in any sum not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail not to exceed ninety days, or by both such fine and imprisonment. (Laws 1915, ch. 297, sec. 5.)

SEC. 634. Supplementary Books. The State School Book Commission shall have authority to approve supplementary readers for the first, second, third and fourth grades; and historical, geographical, science and literature readers for any grade, in addition to the books adopted or published under the provisions of law, which books shall be supplementary to those provided for in section 1 of this act,154 and to fix the price at which such supplementary books shall be sold; which price shall not be in excess of the cost price at which such books are sold in any other state, county, city or district. The State School Book Commission may contract with the publishers of said supplementary books for the distribution of said books by the publishers from some point within the state, or by the State School Book Commission at such above mentioned price, not to exceed fifteen per cent additional cost for carriage and distribution. School district boards and boards of education shall have authority to use in the schools under their control such supplementary books as are provided for in this section; provided, that no such book shall be used as a substitute for or in lieu of any book printed, published or adopted by the State School Book Commission as provided for in sections 1 and 2 of this act; provided further, that all supplementary books herein provided for shall be selected from a list of books approved for this purpose by the State School Book Commission. Supplementary school books approved for use in elementary schools as herein provided shall, when used, be purchased by the school district or board of education, and shall be the property of the school district or city in which said books are used, and shall be furnished for the use of the pupils free of cost. (Laws 1915, ch. 297, sec. 6.)

SEC. 635. Annual Report of School Book Commission. That not later than the first of September in each year, the State School Book Commission shall make a complete report to the governor of all the business transacted by the commission for the fiscal year ending June 30th, next preceding. (Laws 1915, ch. 297, sec. 7.)

154. Section 624 of this book.

SEC. 636. Penalty for Violation of Act by Members of Commission. Any member of the State School Book Commission herein established, violating any provision of this act shall be guilty of a misdemeanor, and upon conviction shall be punished by fine in any sum not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail for a term of not less than thirty days nor more than one year, or by both such fine and imprisonment. (Laws 1913, ch. 288, sec. 14.)

SEC. 637. Appropriation for Ground, Buildings, Equipment and Expenses. The sum of one hundred and fifty thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the state treasury not otherwise appropriated, to purchase the necessary grounds upon which to erect and for the erection of additional building or buildings or an addition to the present state printing plant, and for the purchase of necessary machinery, presses, type, electrotyping apparatus, and such other appliances and equipment as may be required in the manufacture of the school textbooks provided for in this act. If the School Book Commission is unable to purchase the necessary ground on which to erect the necessary additional building or buildings, it is hereby authorized to proceed to institute condemnation proceedings and to condemn and appropriate such land as is necessary. Such proceedings may be initiated and carried to completion as nearly as may be, in the mode provided by article 9, chapter 23, of the Statutes of 1909. There is also appropriated out of any money in the state treasury not otherwise appropriated, the sum of fifty thousand dollars, or so much thereof as may be necessary, to pay authors, artists, compilers, stenographers, and to purchase copyrights and plates, and other supplies, as provided in this act. There is also appropriated out of any money in the state treasury not otherwise appropriated, the sum of twenty-five thousand dollars as a revolving fund for the purchase of paper, printers' and binders' material, to pay for labor, and the secretary of the State School Book Commission shall replace the moneys paid out of the revolving fund with cash received by him for books sold. There is also appropriated, out of any money in the state treasury not otherwise appropriated, the sum of two thousand dollars as a contingent fund, to cover postage, express, freight, stenographers and other necessary expenses of the office of the secretary of the State School Book Commission for the year ending June 30, 1914, and two thousand dollars for similar purposes for the year ending June 30, 1915. There is also appropriated out of any money in the state treasury not otherwise appropriated, the sum of five hundred dollars to pay the salary of the secretary of the State School Book Commission for the quarter ending June 30, 1913, and twenty hundred dollars for the year ending June 30, 1914, and twenty hundred dollars for the year end