*§ 161. Price of books to include freight. The superintendent of public instruction shall fix a price upon each book which will cover the cost of transmitting them to the several counties of this state. (1877, c. 75, § 6.)

*§ 162. Statement of price-payment by counties. The state superintendent shall send to the couuty auditor of each county, and also to the state auditor, a statement of the price fixed upon each book, and the total cost of the number of books sent; and it shall be the duty of the board of county commissioners of each county, at their next meeting, to make provision for the payment of the price of such books; and the county treasurer of each county shall immediately thereupon remit the amount of the cost of such books to the state treasurer. (Id. § 7.)

*§ 163. Duties of county auditors-payments by districts. It shall be the duty of the said county auditor to transmit to the clerk of each school-district in his county, the number of books estimated and ordered by the clerk of such schooldistrict; and before the next semi-annual settlement of the treasurer of the county with such school-district, the county auditor shall notify the county treasurer of the indebtedness of such district on account of the text-books sent; and it shall be the duty of the county treasurer, in such settlement, to deduct the amount of such indebtedness from the state school-tax fund due such district. (Id. § 8.)

*§ 164. Printed lists of prices to be furnished clerks-cities and villages. It shall be the duty of the state superintendent of public instruction to have printed lists prepared, and to supply each school-district with the same; and it shall be the duty of the district clerk of each school-district to sell such books, at such cost prices, to the pupils of his school-district; provided, that in incorporated villages and cities, the clerk of the board of education shall notify the county superintendent of the number of books required, and shall receive such textbooks from the county auditor of his county, and shall notify the treasurer of such board of education of the number of books received, and the cost of the same, whereupon the said treasurer of such board shall pay the amount of the cost of such books, out of the funds in his hands belonging to such board of education, to the county treasurer of his county: provided, further, that such board of education may designate a place in the village or city as a depository for such text-books, and employ some person to sell such books to the pupils of such village or city, at the actual cost of the same, with five per cent. added, to pay for the handling of such books. (Id. § 9.)

* 165. Books to be used in all the schools of the state-exceptions. Within one year after the state text-books are printed and furnished to the state superintendent of public instruction, and for the period of fifteen years thereafter, no textbooks shall be used in the public schools of this state, in incorporated cities and villages, as well as in the state at large, other than the state text-books prepared under the provisions of this act: provided, that this act shall not be construed to prevent pupils who have advanced beyond the studies embraced in said books from using other books, or to prevent a revision of the text of said books, at the expiration of five years after their introduction: provided, further, that this shall not be obligatory upon boards of education acting under special charters. (Id. § 10.)

* 166. Penalties on districts refusing to use books. After two years from the time the county auditor of any county has received the number of text-books required for the district-schools of his county, from the superintendent of public instruction, the treasurer of such county shall pay no part of the state school-tax fund belonging to a district of his county, to the treasurer of such district, until such treasurer produces his certificate in writing of the county superintendent of public schools in his county, certifying to the fact that the state text-books have been introduced into the school or schools of such dis

trict, and are used in such school to the exclusion of any other series of textbooks. (1877, c. 75. § 11, as amended 1878, c. 2, §7; post, § 174.)

*8 167. Appropriation of $50,000, as a revolving fund. For the purpose of carrying out the provisions of this act, there is hereby appropriated and set apart the sum of fifty thousand dollars, to be used as a revolving fund, to be designated "the school-text-book fund." This fund shall at all times be subject to the warrants of the state auditor, issued to the contractor in payment for schoolbooks delivered on the order of the state superintendent; and all payments of money into the treasury of the state by the county treasurers, on account of school text-books delivered to their several counties, shall be credited by the treasurer of state to the school-text-book fund herein provided for. (Id. § 12.)

SUPPLEMENT TO UNIFORM-TEXT-BOOK ACT." *

*§ 168. Estimates of clerks to be filed with county auditors, etc. As soon as may be, after any county superintendent shall have received from any district clerk the estimate of the number of books required for the supply of his district, as provided for by section four of the said act to which this act is supplementary, it shall be the duty of such county superintendent to file a true copy thereof, certified under his hand, with the county auditor of his county; and thereupon such county auditor shall make out, and lodge with the county treasurer of the county, a statement specifying the total cost of all the books included in such estimate of the district clerk, at the prices named in section three of the said act to which this act is supplementary, with five per centum added thereto to meet any expenses which may be incurred in the transmission of such books from St. Paul to such school-district. (1878, c. 2, § 1.)

* 169. Treasurer to retain amount from funds of districts. Upon the receipt by any county treasurer, from the county auditor of his county, of any such statement as is mentioned in the last preceding section, it shall be the duty of such county treasurer to retain the total sum specified therein, out of any moneys belonging or payable to such school-district, arising from taxation, then in his hands, or which thereafter may come to his hands. (Id § 2.)

*$ 170. Disposition of amounts so retained. The moneys retained by the county treasurer, in pursuance of the next preceding section, shall be applied to the repayment to the county of the amount paid by it into the state treasury, on account of the books furnished for the school-district to which the moneys so retained belong or are payable. In case any portion of the money so retained should remain after the county shall have been fully repaid the amount so paid by it into the state treasury, and the amount paid for the transmission of said books, such surplus shall be paid over to the proper school-district. Wherever the words "state school-tax fund, or funds" occur in the act to which this act is supplementary, they shall be construed to mean and apply to school funds arising from taxation. (Id. § 3.)

*S 171. Payment for estimates made prior to passage of this act. The county treasurer of any county which has heretofore paid, or which may hereafter pay, into the state treasury, in pursuance of the said act to which this act is supplementary, any sum of money on account of books furnished for any school-district, upon any estimate of the clerk of such district made prior to the passage of this act, shall retain out of any moneys in his hands, or out of the first moneys thereafter coming to his hands, arising from taxation, and belonging or payable to such school-district, the amount so by the county paid into the state treasury. (Id. § 4.)

*§ 172. Payment of money received by clerks. The moneys received by the clerk or agent of any school-district, for books by him sold in pursuance of the provisions of

*An act supplementary to an act entitled an act to provide uniform and cheap text-books for the public schools of the state of Minnesota, approved February twenty-third, one thousand, eight hundred and seventy-seven. Approved March 8, 1878. Laws 1978, c. 2.

the said act to which this act is supplementary, shall be paid to the treasurer of the same district, for the use and benefit of such district. (1878, c. 2, § 5.)

*§ 173. Bond of clerk-blanks-failure to make requisitions. It shall be the duty of the school-district clerk of each school-district, before any money or property shall be received by him under the provisions of this act, or of the said act to which this act is supplementary, to give his bond, running to his school-district in its corporate capacity, with two good and sufficient sureties, to be approved by the director and treasurer of the school-district, (who shall also fix the amount of such bonds,) conditioned for the faithful performance of his duties, and the prompt payment of all moneys coming into his hands as school-district clerk to the treasurer of his school-district, as provided by this act, and by the act to which this act is supplementary. Such bond shall be filed with the county auditor within ten days after the execution of the same. And it is hereby made the duty of the state superintendent of public instruction, within twenty days after the passage of this act, to procure, and forward to the county superintendent of each county, blanks for district-clerk bonds, and all other blanks required for the execution of this act, and of the said act to which this act is supplementary. And it shall be the duty of the county superintendent to immediately transmit such blanks to the officers required to use the same: provided, that if any district clerk shall fail to make his requisition for books on or before the fifteenth day of March, in any year, as provided for in the said act to which this act is supplementary, it shall be his duty to make such requisition as soon thereafter as may be; and in case said district clerk shall fail or refuse to make such requisition, the director or treasurer of the district shall have the right to perform such duty. (Id. § 6.)

*S 174. District agents-bonds-orders upon contractor-depositaries. A majority of the electors of any school-district may, at the annual school-meeting, designate, for the ensuing year, some person to act as the agent of such district to sell the books furnished for the district in pursuance of the provisions of this act, and of the said act to which this act is supplementary; and such agent shall be entitled to add to the price of such books, fixed by the state superintendent of public instruction, a commission for his own services, not to exceed ten per centum of the price thereof fixed by the state superintendent of public instruction, the amount of such commission to be fixed by the electors at said annual meeting. The district may demand of such agent a bond, with two sufficient sureties, to be approved by the board of trustees of the school-district, in such amount as said trustees shall prescribe, conditioned for the faithful discharge of his duties as such agent, and for payment to the district of the price of all books sold by him during the period of his agency, as fixed by the state superintendent of public instruction, and also for the return of all books remaining unsold at the termination of the period of his agency. Such bond shall be filed with the district clerk: provided further, that whenever any district clerk shall have ordered a less number of books than is actually needed by the pupils in said district, the said clerk or any citizen of said district shall have the right to order such books so needed, directly from the contractor, at the state list prices; and the said contractor shall designate at least one person in each organized county in this state, the county commissioners of which shall, by a vote of the majority of all the members thereof, demand the same; and said person so designated shall act as a depositary to whom the said contractor shall furnish a supply of said text-books at the state list prices; and said depositaries shall be entitled to charge a commission, not to exceed ten per cent., for handling the same: provided further, that the period of "one year" named in the first line of section eleven of the act to which this act is supplementary, is hereby amended to read "two years." (Id. § 7.)

*$ 175. Submission of act and contract to people. The question of the further continuance in force of the said act to which this act is supplementary, and of this act, shall be submitted to the legal voters of this state, at the general annual election to be holden in the year one thousand eight hundred and eighty; and if, at such election, a majority of the electors present and voting at such election shall vote against the further continuance in force of the said acts, in the manner in this section provided, then and in that case the said acts shall cease to be of further force and effect from and after the time of the declaration of the result of such vote by the board of canvassers of votes for state officers. All electors voting at such election, upon the said question, in favor of the further con tinuance in force of the said acts, shall have written or printed, or partially written and partly printed, upon their ballots, the words, "In favor of the text-book acts," and all electors voting at such election, upon said question, against the further continuance in force of said acts, shall have written or printed, or partly written and partly printed, upon their ballots, the words, Against the text-book acts." The votes so cast shall be canvassed and returned in the same manner as votes cast for state officers: provided, that the electors residing in districts not subject to the provisions of the said acts shall not be entitled to vote upon the said question, at such election.

At the general election of the year eighteen hundred and eighty-five, the question of the continuance of the text-book contract provided for in this act, and the act to which this act is supplementary shall be submitted to a vote of the legal voters of the state; and if two-thirds of those voting upon that question shall vote against the continuance of said contract in the manner provided in this section, then and in that case the said contract shall cease to be in force as soon as the result of said vote shall be determined and announced by the canvassers of votes for state officers, whose duty it shall be to canvass the vote herein provided, and to announce the result, at the time and in the manner observed in canvassing and announcing the result as to election of state officers. At the polls in each voting precinct, a separate ballot-box shall be provided by the proper officers; the votes herein provided for shall be upon a separate ticket, and voters favoring a continuance of said contract, have written or printed, or partly written and partly printed, on their tickets, the words, "For Book Contract," and voters opposing such continuance shall have upon their tickets, in the same manner, the words, "Against Book Contract," &c., &c. (1878, c. 2, § 8.)

*8 176. When to take effect-exceptions. This act shall take effect and be in force from and after its passage: provided, that the state text-book contractor shall file within sixty days with the secretary of state his written acceptance of the same: provided, further, that this act shall not be construed to apply to or be obligatory upon boards of education acting under special charters. (Id. § 9.)

*§ 1. Object of the university. The object of the university of Minnesota, established by the constitution, at or near the Falls of Saint Anthony, shall be to provide the means of acquiring a thorough knowledge of the various branches of literature, science and the arts, and such branches of learning as are related to agriculture and the mechanic arts, including military tactics, and other scientific and classical studies. (1868, c. 1. § 1.)

*§ 2. Departments of the university. There shall be established in the university of Minnesota, five or more colleges or departments, that is to say, a department of elementary instruction, a college of science, literature and the arts, a college of agriculture, including military tactics, a college of the mechanic arts, a college or department of law, and also a college or department of medicine. The department of elementary instruction may be dispensed with, at such rate and in such wise as may seem just and proper to the board of regents. (Id. § 2, as amended 1872, c. 10, § 1.)

*$ 3. Government-board of regents. The government of the university shall be [invested] in a board of ten regents, of which the governor of the state, the state superintendent of public instruction, and the president of the university shall be members ex officio, and the seven remaining members thereof shall be appointed by the governor, by and with the advice and consent of the senate. Whenever a vacancy therein occurs for any cause, the same shall be filled for the unexpired term in the same manner. Of the regents thus appointed, two shall be commissioned and hold their offices for one year, and two for two years, and three for three years. Their successors shall be appointed in like manner, and shall hold their office for the full term of three years from the first Wednesday of March succeeding their appointments, and until their successors are appointed and qualified. The president of the university shall have the same rights, powers and privileges as other members, except the right of voting, and he shall be, ex officio, the corresponding secretary of the board of regents (Id. § 3, as amended 1872, c. 10, § 2.)

*NOTE. In the original edition of the General Statutes, this chapter was entitled "State Normal Schools." The provisions of the General Statutes on this subject are superseded by the School Law of 1877, (see ante, c. 36, $8129-142); and the vacancy thus occasioned in this chapter is filled, in this edition, with the laws relating to the University, passed since 1866.

+ An act to reorganize and provide for the government and regulation of the university of Minnesota, and to establish an agricultural college therein. Approved February 18, 1868. (Laws 1863, & 1.)