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general distribution among the people of this state. (Laws 1897, ch. 179, sec. 7.)

SEC. 648. May Consider Manuscripts. [7817] If, upon the examination of bids and propositions, no publisher or publishers of school text-books has bid within the provisions of this act for furnishing the school text-books for use in the public schools of this state, as provided for in this act, then said commission is empowered and is hereby authorized to procure such manuscript, copyrights and propositions for the compilation of school text-books, as provided for in this act, as will supply the schools of this state, and advertise for sealed bids for publishing the same, and supplying them under the terms herein prescribed for publishers, and said contract may be let for the publication of all such books, or for one or more of such books separately. And it shall further be the duty of said commission to provide in the contract for the publication of any manuscript, for the payment, by the publisher, of the compensation agreed upon between such commission and the author or owner of any such manuscript, for such manuscript. (Laws 1897, ch. 179, sec. 8.)

SEC. 649. State Not Liable. [7818] It shall be a part of the terms and conditions of any contract made in pursuance of this act, that the state of Kansas shall not be liable to any contractor or contractors for any sum of money whatever, but that all such contractors shall receive their pay and compensation solely and exclusively from the proceeds of the sale of the book or books provided for in this act. (Laws 1897, ch. 179, sec. 9.)

SEC. 650. Proclamation. [7819] As soon as such commission shall have entered into any contract for the furnishing of text-books for use in the public schools of this state, pursuant to the provisions of this act, the state superintendent of public instruction shall notify the governor of such fact, and it shall be the duty of the governor to issue his proclamation announcing such fact to the people of the state, and immediately after the issuing of such proclamation by the governor it shall be the duty of the state superintendent of public instruction to notify the county superintendents of the various counties of this state of the books agreed upon and selected, together with the contract prices thereof. (Laws 1897, ch: 179, sec. 10.)

SEC. 651. Dealers to Establish Agencies. [7820] Within thirty days after the issuing of the proclamation by the governor of this state provided for in this act, any person, persons, company or corporation, having contracted for the furnishing of school text-books to the people of this state for use in the public schools thereof, shall arrange with at least one dealer or agent at the county seat in each county of this state, and in each city of the first, second and third class in this state, for the handling, sale and exchange of the school-books provided for in this act.157 Such dealer or agent shall be allowed to charge the people of this state a commission not exceeding ten per cent on the contract price established in this act for the handling and sale of such books; provided, that any person, company or corporation having a contract under the provisions of this act shall be required to furnish books to any citizen or school district in Kansas at the same price and on the same terms as provided for the furnishing of such books to dealers or agents in cash orders of not less than ten dollars each, and deliver the same at any railroad station in Kansas mentioned in such order. (Laws 1909, ch. 68, sec. 1.)

SEC. 652. Estimates. [7821] At the annual school meeting to be held in the various school districts in this state in 1897, and at each annual meeting thereafter, and at the meeting of the board of education of cities of the first or second class, an estimate shall be made of the number of school text-books needed in each of said schools for the term next commencing therein, and the clerk of each school district, and the clerk of the board of education in each city of the first or second class, shall report the same to the county superintendent of public instruction immediately, and not later than the 1st day of August next thereafter; and the county superintendent of public instruction shall, as soon as possible, and not later than August 10 of each year, and oftener if the necessity of the schools require it, make out his requisition from the reports so received, and from other sources, and send it to the schoolbook publisher or publishers having contracts under the provisions of this act, stating therein the number of books of each kind needed for the schools of such county. (Laws 1897, ch. 179, sec. 12.)

SEC. 653. District Ownership. [7822] At any annual school meeting of any school district in this state, or at any regular election in cities of the first or second class, a proposal may be submitted to the district or city of the first or second class, as the case may be, to purchase, own and furnish school text-books as provided for in this act for use in the public schools thereof, free of charge to the pupils of said school district, or cities of the first or second class; and if it shall be found that a majority of the legal electors in said school district or city of the first or second class shall have voted in favor of district ownership, then it shall become the duty of the school board or board of education in cities of the first and second class to purchase, furnish and supply the pupils of the said district or city of the first or second class, under such provisions and regulations as may be prescribed by the schooldistrict board, or board of education in cities of the first or

157. The contractor is required to consign the books to such agencies. The law does not require the agent to purchase the books from the contractor, but he is to hold the same on consignment.

second class, such text-books as may be found necessary, as provided for in this act; and for the purpose of carrying out the provisions of this section the school board and the board of education of cities of the first or second class are hereby empowered to pay for the same out of any incidental funds in their hands belonging to such district or city. (Laws 1909, ch. 216, sec. 1.)

SEC. 654. Violation of Contract. [7823] Upon the filing of a written complaint with the state superintendent of public instruction, by the county superintendent of public instruction of any county in this state, or superintendent of schools of any city of the first or second class, charging any publisher or publishers, person, company or corporation with violating the conditions of said contract as is provided for in this act, the attorney-general is hereby instructed, and it shall be his duty, to investigate the same, and if he finds probable cause for action, he shall immediately begin proceedings in the name of the state to enforce the penalties of the bond or bonds provided for in this act; provided, that in all actions brought by the attorney-general under the provisions of this act no security for costs shall be required. (Laws 1897, ch. 179, sec. 14.)

SEC. 655. Term of Contract. [7824] Every contract with any person, company or corporation, publisher or publishers of the school text-books for use in the schools of this state shall be for five years from the date thereof, and no school-district board or board of education of any city of the first or second class shall adopt, use, or permit to be used any other school text-books than those provided for in this act; provided, that nothing herein contained shall be construed to prevent the teachers and pupils of this state from using any school textbook other than those provided for in this act as reference books in such schools; and provided further, that nothing herein contained shall be construed to apply to the use of school books in branches other than those mentioned in this act, nor shall anything herein be construed to apply to counties now under contract for county uniformity of text-books, until said contract or contracts shall have expired, or with school districts or cities of the first or second class having such contract until such contract shall have expired according to the terms which have been agreed to in writing; and provided, at the expiration of such contracts such counties, school districts and cities of the first or second class shall thereafter be governed by the provisions of this act. (Laws 1897, ch. 179, sec. 15.)

SEC. 656. Blanks. [7825] It shall be the duty of the attorney-general of the state to furnish blank contracts to the state superintendent of public instruction for the purpose of carrying out the provisions of this act. (Laws 1897, ch. 179, sec. 16.)

SEC. 657. Advertise for Bids. [7826] It shall be the duty of the superintendent of public instruction of this state, so soon as this law goes into effect, to advertise in the official state paper, for at least four consecutive weeks, for bids and proposals as provided for in section 5 of this act.158 (Laws 1897, ch. 179, sec. 17.)

SEC. 658. Special Meetings. [7827] Special meetings of this commission may be held at any time on the call of the state superintendent of public instruction; provided, that the first session of this commission shall not continue longer than ten days, and no special session any longer than four days. (Laws 1897, ch. 179, sec. 18.)

SEC. 659. Vacancy. [7828] If any member of this commission should die, or resign, or become in any way incapacitated for serving on such commission, the vacancy thereby created shall be filled by appointment made by the governor of the state; provided, that such vacancy always shall be filled from the same political party to which the person so removed belonged. (Laws 1897, ch. 179, sec. 19.)

SEC. 660. Oath. [7829] No member of this commission shall enter upon the discharge of his duties, until he has taken and subscribed to an oath to support the constitution of the United States, the constitution of the state of Kansas, and honestly and faithfully fulfill and discharge the duties of his office according to law. (Laws 1897, ch. 179, sec. 20.)

. SEC. 661. Penalties. [7830] Any person, or persons, who shall directly or indirectly demand or receive any money, promise, or any other thing of value for any book or books provided for in this act, in excess of the contract price, together with ten per cent herein provided for for dealers or agents, and any member of any such district board, or any member of any school board in any city of the first or second class, or any teacher of any school who shall adopt, use or permit to be used, or cause to be used in any public school of this state, any other text-book or books than those provided for in this act, shall be deemed guilty of a misdemeanor, and upon conviction in any court of competent jurisdiction shall be fined in any sum not less than $25 or more than $100, or by imprisonment in the county jail not to exceed ninety days, or by both such fine and imprisonment; provided, that in estimating the price at which the dealer or agent may sell books under the provisions of this act, the total amount of each sale shall not vary to exceed one-half of one cent above the contract price, plus ten per cent provided for herein. (Laws 1897, ch. 179, sec. 21.)

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158. Section 645 of this book.

SEC. 662. Basic Text-books Not to be Excluded. That the board of education shall not authorize or permit any teacher or other employee to exclude as a basic text-book any text-book or other adoption now or hereafter adopted under authority of the General Statutes of this state, and any violation of this act shall render the violator liable to the same penalties as prescribed in chapter 179, Laws of 1897. (Laws 1911, ch. 267, sec. 4.)

SEC. 663. Commission; Penalty for Violation. [7831] Any member of the commission herein established violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than $100 nor more than $500 and be imprisoned in the county jail for a term not less than one year, and upon conviction shall forfeit his office. (Laws 1897, ch. 179, sec. 22.)

SEC. 664. Appropriation. [7832] For the purpose of paying mileage and per diem to the members of this commission, printer's fees, postage and expense of meetings, there is hereby appropriated out of any money in the treasury not otherwise appropriated the sum of $2500, or so much thereof as shall be necessary to carry out the provisions of this act. The auditor of state is hereby authorized to draw his warrant on the state treasurer for the amount of per diem and compensation due to each member of said commission or to par-. ties performing services under the provisions of this act; and provided further, the sum of $10,000, or so much thereof as may be needed, is appropriated out of any money in the state treasury not otherwise appropriated, to buy manuscript under the provisions of this act, should it become necessary for the purchase of such manuscript as provided in this act, and the státe treasurer is thereupon directed to pay such warrant; provided, such accounts be verified as provided in other cases and approved by the state superintendent of public instruction. (Laws 1897, ch. 179, sec. 23.)

SEC. 665. Additional Texts. [7833] The School Textbook Commission provided for in chapter 179, Laws of 1897, shall be authorized and empowered, and it is hereby made their duty, to adopt uniform school text-books for use in the public schools of the state of Kansas in the following branches, to wit: A primer, a primary reading chart, and a graded series of drawing-books or drawing portfolios, geometry (the work to include both plane and solid geometry), Latin grammar, Latin exercises, Cæsar, Cicero, Virgil, general history, history of Kansas, English history, rhetoric, English literature, botany, zoology, chemistry, word analysis, geology, German exercises, German grammar, and descriptive astronomy; provided, however, that no books shall be adopted by this commission that do not equal in subject-matter, material,

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