When director to purchase books, etc.

Refusal or neglect of duty a misdemeanor.

Penalty.

Proviso.

Further proviso.

made for money to be raised for school purposes, for the next ensuing year. Said sum shall be in addition to the amount now provided by law to be raised; which amount each township clerk shall certify to the supervisor of his township to be assessed upon the taxable property of the respective districts as provided by law for raising the regular annual estimates of the respective district boards for school purposes, and when collected shall be paid to the district treasurer in the same manner as all other money belonging to said district is paid.

(240) § 5785. SEC. 5. On the first day of February next after the tax shall have been levied, the director of said district may proceed to purchase the books required by the pupils of his district from the list mentioned in section one of this act, and shall draw his warrant, countersigned by the moderator, upon the treasurer or assessor of the district for price of the books so purchased, including the cost of transportation. (241) § 5786. SEC. 6. If the officers of any school district, which has so voted to supply itself with text-books, shall refuse or neglect to purchase at the expense of the district for the use of the pupils thereof, the text-books as enumerated in section one of this act, or to provide the money therefor as herein prescribed, each officer or member of such board so refusing or neglecting shall be deemed guilty of a misdemeanor, and upon conviction thereof before a court of competent jurisdiction, shall be liable to a penalty of not more than fifty dollars or imprisonment in the county jail for a period not exceeding thirty days, or by both such fine and imprisonment, in the discretion of the court: Provided, That any district board may buy its books of local dealers if 'the same can be purchased and delivered to the director as cheaply as if bought of the party who makes the lowest bid to the district board: Provided further, That school districts in cities organized under special charters shall be exempt from the provisions of this act, but such districts may, when so authorized by a majority vote of their district boards, submit the question of free text-books to the qualified voters of said districts. If a majority of the qualified electors vote in favor of furnishing free text-books, such district boards shall have authority to proceed under the provisions of this act.

SPECIAL CHARTERS: The action of the Detroit board of education, in including in its annual estimate a sum for free text-books, in the absence of authority from a majority of the qualified electors, as provided in this section, was held absolutely void.-Bd. of Ed. v. Detroit, 80/551.

An Act to regulate the sale, exchange, and use of school text-books within this state, to provide penalties for the violation hereof, and to repeal act number three hundred fifteen of the public acts of nineteen hundred thirteen, entitled "An act to regulate the sale of school text-books," the same being sections five thousand seven hundred eighty-seven to five thousand seven hundred ninety-eight, inclusive, of the compiled laws of nineteen hundred fifteen.

[Act 380, P. A. 1919.]

The People of the State of Michigan enact:

procure listed

(242) SECTION 1. No board of education or school official School in any school district in this state shall purchase, procure officers to by exchange, adopt, or permit to be used in the schools of any books. such district any school text-book which is not listed with the superintendent of public instruction as hereinafter provided. Any person, firm or corporation desiring to offer school text-Duty of pubbooks for adoption, sale, or exchange in the state of Mich- lisher, etc. igan shall file with the superintendent of public instruction copies of all such text-books together with a sworn statement of the usual list price, the lowest net wholesale price, and the lowest exchange price at which said book is sold or exchanged for an old book on the same subject of like grade and kind but of a different series. No text-book shall be listed by Contract the superintendent of public instruction unless the person, required. firm, or corporation offering the same shall enter into a written contract with the superintendent of public instruction, acting on behalf of the state of Michigan and the school districts thereof, which said contract shall embrace the follow- Conditions, ing terms and conditions:

etc.

etc.

(a) That said person, firm, or corporation will furnish any Agreement of the books listed in said statement, and in any other state- to furnish, ment subsequently filed by him, at any time within a period of one year after such filing, to any such district or any school corporation in the state of Michigan at the lowest price contained in said statement, and that said prices shall be maintained uniformly through the state;

(b) That the prices, as set forth in said statement, shall Automatic be automatically reduced in the state of Michigan whenever reduction. reductions are made elsewhere in the United States, after January one, nineteen hundred eighteen, so that at no time shall any book so filed and listed be sold or offered for sale by such person, firm, or corporation in the state of Michigan at higher net prices than are received for such book elsewhere in the United States, and regardless of whether such book is so sold or offered for sale elsewhere in accordance with the terms of a contract, or otherwise;

(c) That all text-books offered for sale, adoption, use, or Equal exchange in the state of Michigan shall be at least equal in quality. quality to those deposited in the office of the superintendent of public instruction as regards paper, binding, printing, illustrations, subject matter and any and all other particulars affecting the value of such text-books;

Special editions.

Combinations, etc.

Right to cancel filings.

Proviso, existing contracts.

Bond.

Approval.

Recovery of damages.

How bond

regarded in case of suit.

When listings cancelled.

(d) That in case any abridged or special edition of any of the books so listed by any person, firm, or corporation is prepared thereby and is offered for sale elsewhere in the United States at lower wholesale prices than the net wholesale price of said book, or books, according to the statement filed with the superintendent of public instruction, said person, firm or corporation shall file a copy of such special edition together with the price therefor with the superintendent of public instruction, and shall sell and offer the same for sale for use in the public schools of the state of Michigan at the lowest net prices at which said book is sold or offered for sale elsewhere in the United States;

(e) That the person, firm, or corporation shall not enter into any understanding, agreement, or combination to control the prices of school text-books or to restrict competition in the sale thereof for use in the public schools of the state of Michigan;

(f) That the superintendent of public instruction may, if he ascertains at any time that any person, firm, or corporation listing books with him as herein provided is selling or offering for sale any such book or books elsewhere in the United States at lower prices than those for which said book or books are sold or offered for sale in the state of Michigan, cancel all filings on the part of any such person, firm, or corporation, and remove from the list hereafter referred to all books sold or offered for sale by such person, firm, or corporation: Provided, That nothing in this act shall be construed to disturb contracts entered into with school boards previous to January first, nineteen hundred nineteen.

(243) SEC. 2. The superintendent of public instruction shall not enter into any contract, as above provided, unless and until the person, firm, or corporation seeking to have its books listed hereunder shall enter into a bond to the people of the state of Michigan in the penal sum of five thousand dollars conditioned for the faithful execution of the terms of the contract. Said bond shall be subject to the approval of the attorney general of the state and shall be executed as surety by some responsible surety company authorized to carry on its business within the state of Michigan. Any school district, school board, or any person who is aggrieved by any breach of the contract aforesaid may bring suit on said bond to recover the actual damages sustained. Said bond shall also specify that in case of suit thereon in the name of the people of the state of Michigan as hereinafter provided, the amount of said bond shall be regarded as liquidated damages for the breach of the contract secured.

(244) SEC. 3. If any contract executed hereunder or any bond securing the same expires and is not renewed, or if the superintendent of public instruction ascertains and determines at any time that the conditions of said contract have been violated, he shall cancel the listings of any person, firm, or corporation so in default; and therefrom and thereafter

no text-books sold or offered for sale by any such person, firm, or corporation shall be purchased or taken by exchange or otherwise by any school board, school district, or school official within this state.

of lists.

(245) SEC. 4. The superintendent of public instruction Publication shall annually, and at such other time or times as he may deem expedient, publish and send to each board of education within the state a copy of all lists of school text-books then in force in his office showing the prices at which such books may be purchased. Any list so issued shall remain effective until superseded or cancelled. No school text-book shall be pur- Books not chased, adopted, or used for or in the schools of any school listed. district within the state unless the same is contained in the list so put forth by the superintendent of public instruction and in effect at the time of the purchase, adoption, or exchange. In no case shall any filing by any person, firm, or When filing Corporation become effective until the publication of a list by the superintendent of public instruction.

used unless

effective.

reported.

cancelled.

(246) SEC. 5. It shall be the duty of all school superin- Violations tendents and principals and school officials in the various districts of the state to notify the county commissioner of schools of the county, in which such district may be, of any violation of any of the terms or conditions of said contract or said bond that shall come to their knowledge. In school districts included in whole or in part within the limits of any incorporated city, such report shall be made to the board of education of the district and said district shall thereupon inform the county commissioner of schools of the occurrence. If, after investigation, said county commissioner of schools concludes that there is good ground for believing that the contract or bond has been violated, he shall immediately report the matter to the superintendent of public instruction. Said When listings superintendent shall, upon receipt of any such report, cause the same to be investigated, and if he finds that such violation has in fact occurred, he shall cancel all listings of the person, firm, or corporation in default and shall notify the boards of education of the various school districts of the state of such cancellation, and that the published list of school text-books is modified by striking therefrom the names of all books sold or offered for sale by such person, firm, or corporation. The superintendent of public instruction may, in his May termidiscretion, declare the contract entered into with any such nate contract. person, firm, or corporation to be terminated as to future transactions, and he may refuse thereafter to enter into any new contract therewith. In case any contract made here- Action on under is thus terminated, an action on the bond may be brought in the name of the people of the state of Michigan by the attorney general and the amount of such bond shall be deemed to be liquidated damages sustained by the people of the state for and on account of such breach.

bond.

(247) SEC. 6. No person shall secure or attempt to secure Inducement the sale of any school text-books in any school district in this

for sale, etc., prohibited.

Proviso, sample copies.

Retail dealer's profit.

Districts may purchase, etc.

May desig

as agent.

state by rewarding or promising to reward any teacher in any school in the state or by securing for him any position in any other school. No person shall offer or give any emolument, money, or other valuable thing, promise of work, or any other inducement to any teacher or school officer in any school district for any vote or promise of vote or for the use of his influence for any school text-books to be used in this state: Provided, That nothing in this section shall be construed to prevent any person from giving, or any school officer or teacher from receiving, a reasonable number of sample copies of school text-books for examination with a view to obtaining information as to the book or series of books for which such officer shall give his vote.

(248) SEC. 7. It shall be unlawful for any retail dealer in text-books to sell any books listed with the superintendent of public instruction as hereinbefore provided at a price to exceed fifteen per cent advance on the net wholesale price as so listed, and the cost of transportation.

(249) SEC. S. School districts are hereby authorized to purchase text-books from the publishers at the prices listed with the superintendent of public instruction as herein before provided and to sell said books to the pupils at said listed prices or at such prices as will include the cost of transportation and the cost of handling.

(250) SEC. 9. School districts are hereby authorized to nate retailer purchase text-books from the publishers at the prices listed with the superintendent of public instruction as herein before provided and to designate a retail dealer or dealers to act as the agent of the district in selling text-books to pupils. The said dealer or dealers shall at stated times make settlement with the district for such books as have been sold up to the stated time. Said dealer or dealers shall not sell text-books at a price which shall exceed a ten per cent advance on the net wholesale price as listed with the superintendent of public instruction.

Purchase of books when family

moves.

Price.

Penalty.

(251) SEC. 10. When a family removes from one school district to another within this state, the treasurer shall purchase out of the general fund the text-books in actual use by the children of said family if said children are attending the public schools in such district. The price to be paid shall be based on the condition of the books and the same may be resold by the school district to other pupils moving into such district.

(252) SEC. 11. Any school official or member of any school board or other person violating or knowingly permitting or consenting to any violation of the provisions of this act shall be deemed to be guilty of a misdemeanor and on conviction shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding three months, or both such fine and imprisonment in the discretion of the court.