CHAPTER XXXIII.-STATE ANNUAL SCHOOL FUND.

$536. State annual school fund shall con

sist of what.

537. State treasurer hold annual school fund subject to order of state superintendent.

538. Treasurer shall pay county treasurer on order of state superintendent. 539. County treasurer shall apply to state treasurer for school moneys apportioned to county.

$540. County treasurer, upon proper application, shall pay over moneys to district treasurer.

541. Each insurance company doing business in the state shall annually pay fifty dollars into the state annual school fund.

SECTION 536. Shall Consist of What. [7722.] The state annual school fund shall consist of the annual income derived from the interest and rents of the perpetual school fund, as provided in the constitution of the state. (Laws 1879, ch. 149, sec. 4, March 13.)

SEC. 537. State Treasurer. [7723.] The state treasurer shall receive all the annual income of the state appropriated for the annual support of schools, whether derived from the interest of moneys loaned, rents of school-lands, or annual tax, and hold the same subject to the order of the state superintendent of public instruction. (Laws 1876, ch. 122, art. 16, sec. 2.)

SEC. 538. Payment. [7725.] He shall pay over to the treasurer of each county, on application, the amount of school money due to said county, on order of the state superintendent of public instruction. (Laws 1876, ch. 122, art. 16, sec. 4.)

SEC. 539. County Treasurer. [7727.] The treasurer of each county shall apply for and receive of the state treasurer the school moneys apportioned to his county as soon as the same shall become payable. (Laws 1876, ch. 122, art. 16, sec. 6.)

SEC. 540. Pay to the District Treasurer. [7728.] Each county treasurer receiving such moneys shall, upon proper application of the district treasurer of any district, pay over to the said district treasurer the amount apportioned to the district by the county superintendent. (Laws 1876, ch. 122, art. 16, sec. 7.)

Every

SEC. 541. Insurance Companies. [7729.] insurance company doing business in this state shall, in addition to the fees required by this act (chapter 93, Laws 1871), pay into the state treasury, for the benefit of the annual school fund, the sum of fifty dollars each year. (Laws 1876, ch. 122, art. 16, sec. 8.)

CHAPTER XXXIV.-SCHOOL TEXT-BOOKS, UNIFORMITY.

of carrying out the provisions of this act there is hereby created a School Text-book Commission consisting of eight members, to be appointed by the governor, by and with the consent of the senate; provided, that not more than five of whom shall be selected from any one political party, who shall receive as their only compensation the sum of five dollars for each day's actual service at any regular or special session, and actual expenses in going to and returning from any meeting herein provided for; and the state superintendent of public instruction shall be ex officio chairman of said School Textbook Commission, with the right to vote upon any and all propositions; provided, that no per diem shall be allowed to any member of this commission who shall at the time of service thereon be receiving a stated salary from this state or from any county or city therein. (Laws 1907, ch. 328, sec. 1.)

SEC. 543. Term. [7811.] The term of office of this commission shall be four years from the first Monday in April, 1897, and at the expiration of said term of office, and each succeeding term, the governor shall appoint, by and with the consent of the senate, suitable persons members of this commission. And on the first Monday in May prior to the termination of any contract for the furnishing of text-books to the people of this state under this act, or upon the termination of any such contract or contracts, said commission shall have power, and it is hereby authorized and made the duty of said commission, to make new contract or contracts, or to relet any old contract or contracts for the furnishing of textbooks as provided for in this act, and such commission shall succeed to all the powers, duties and obligations of the original commission. (Laws 1898, ch. 31, sec. 1.)

SEC. 544. Meetings. [7812.] The time of meeting for the commission herein provided for shall be the first Monday in

May, 1897, and at such other times as hereinafter provided for. (Laws 1897, ch. 179, sec. 3.)

SEC. 545. Texts to be Adopted. [7813.] The School Textbook Commission herein provided for shall be empowered and it is hereby authorized to select and adopt a uniform series of school text-books for use in the public schools of the state of Kansas, in the following-named branches, to wit: Spelling, reading, arithmetic, geography, English grammar, physiology and hygiene, history of the United States, civil government, elements of algebra and physical geography, elements of natural philosophy, bookkeeping, and a graded series of writing-books; provided, that the matter contained in the subject of reading shall consist of lessons commencing with the simplest expressions of English, through the regular gradations of lessons up to and including the highest style of both poetry and prose; providing, that no text-book shall be adopted by this commission that does not equal in quality of matter, material, binding and mechanical execution, and approximately equal in size, the following text-books in general use, namely: The speller to McGuffey's New Speller, the readers to McGuffey's Readers, the arithmetic to White's series of Arithmetic, the geographies to Rand & McNally's Geography, the grammar to Reed and Kellogg's Grammars, the histories to Barnes's School Histories, the physiology to Steel's Physiology, the civil government to Thummel's Government of the United States with Kansas addendum, elementary algebra to Ray's Algebra, physical geography to Rand & McNally's Physical Geography, elements of natural philosophy to Steel's Fourteen Weeks in Philosophy, bookkeeping to Bryant & Stratton's graded series, mental arithmetic to Bailey's Mental Arithmetic, and writing to the Eclectic Copybook; provided, that no text-book shall be adopted that contains anything of a partizan or sectarian character. (Laws 1897, ch. 179, sec. 4.)

SEC. 546. Bids; How Submitted. [7814.] Any person, company or corporation desiring to make any bid or bids upon any of the matters provided for in this act shall submit the same in writing, together with an unconditional certified check for $1000 payable to the chairman of the commission, to be forfeited to the state if such party shall fail to enter into proper bond and make the required contract if awarded to him, carefully sealed and addressed to the chairman of the School Text-book Commission, Topeka, Kan., and said chairman shall preserve the same, unopened, until the time of meeting of said commission. (Laws 1897, ch. 179, sec. 5.)

SEC. 547. Open Bids. [7815.] At the first meeting of this commission, it shall receive and open all sealed bids and propositions on the following matters: First, from the publisher or publishers of school text-books for furnishing to the people of

the state of Kansas, for use in the public schools of this state as provided for in this act, for a term of five years, commencing September 1, 1897, each bid stating specifically the price at which each book is to be furnished, and to be accompanied by a specimen copy of each book to be furnished in such bid. Second, from any author or authors of school text-books who have manuscript of books not published for the price at which they will sell their manuscript, properly prepared for printer's copy, together with the copyright of such books, for use in the public schools of this state. Third, From persons who are willing to undertake the compilation of a book or books or series of books provided for in section 4 of this act,187 the price at which they are willing to undertake said compilation of any or all of such books to the satisfaction of said commission; provided, that any and all bids by publishers herein provided for must be accompanied by a bond in the penal sum of $50,000, with resident freehold sureties to be approved by the Executive Council of this state, conditioned that if any contract be awarded to any bidder thereunder, such bidder will enter into a contract to and perform the conditions of his bid to the acceptance and satisfaction of said commission; and provided further, that no bid shall be considered unless the same shall be accompanied by an affidavit of the bidder that he is in no wise, directly or indirectly, connected with any other publisher or firm who is now bidding for books or manuscript submitted to said commission, nor has any pecuniary interest in any other publisher or firm bidding at the same time, and that he is not a party to any contract, compact, syndicate or other scheme, in regard to exchange of books, division of territory, or discount to dealers, whereby the benefits of competition are denied to the people of this state, and said commission shall have the right to reject any and all bids, and at their option shall have the right to reject any bid as to part of such books and to accept the same as to the residue thereof. At the meeting of said commission provided for in section 3 of this act,188 said commission shall open and examine all sealed bids or propositions received pursuant to the provisions of this act; and it shall further be the duty of said commission to make a full, complete and thorough investigation of all such bids, restrictions, and propositions, and to ascertain under which such proposition or propositions the school text-books hereinbefore provided for could be furnished to the people of this state for use in the public schools at the lowest price, taking into consideration the size and quality as to matter, material, binding and mechanical execution of such books; provided, always, that such commission shall not, in any case, contract with any author, publisher or publishers for the furnishing of any book, manuscript, or

187. Section 545 of this book.

188. Section 544 of this book. (See, also, section 572.)

copyright of books which are to be sold to the people of this state for use in the public school at a price above or in excess of the following, which price shall include all costs and charges for packing, transportation and delivery to the several places hereinafter named in this state, namely: For the spellingbook, 10 cents; for the first reader, 10 cents; for the second reader, 17 cents; for the third reader, 23 cents; for the fourth reader, 30 cents; for the fifth reader, 40 cents; for the mental arithmetic, 20 cents; for the intermediate arithmetic, 25 cents; for the complete arithmetic, 35 cents; for the elementary geography, 30 cents; for the complete geography, 75 cents; for the English grammar, elementary, 20 cents; complete grammar, 35 cents; physiology and hygiene, 50 cents; for history of the United States, 50 cents; for elements of natural philosophy, 50 cents; for civil government, 40 cents; for elementary algebra, 50 cents; for physical geography, 80 cents; for bookkeeping, 40 cents; writing-books, 5 cents each; and any school-book company, person or firm, who shall contract to furnish the public schools of the state of Kansas with school-books under the provisions of this act, shall upon application of any school district within one year after the acceptance of the bid, take up the books now in use, and they shall exchange the new books at not more than 50 per cent of the maximum prices fixed by the provisions of this act; provided, that any school district or county that is now operating under a contract shall have the right to exchange, on the same terms, books for one year from the expiration of said contract. (Laws 1897, ch. 179, sec. 6.)

SEC. 548. Secretary. [7816.] At the first meeting of the members of this commission they shall select one of their number secretary, whose duty it shall be to keep a correct record of all proceedings, votes, and actions of this commission, which said records shall be deposited in the office of the state superintendent of public instruction at all times when said commission is not in session. All votes upon any proposition submitted to this commission shall be yea and nay, and recorded on the journal of the day's proceedings. No person, except members of this commission, shall be present at or cognizant of any proceedings of this commission, during any time that it is in session, and no member of this commission shall, during any meetings of this commission, give any information to any person or persons concerning any business transacted, or in course of transaction at any session of this commission, until after all the business of the session is conIcluded. At the close of each session of this commission the proceedings thereof shall be published in pamphlet form for general distribution among the people of this state. (Laws 1897, ch. 179, sec. 7.)

SEC. 549. May Consider Manuscripts. [7817.] If, upon the examination of bids and propositions, no publisher or pub

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