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 IV{ 
 
Official Circular 
 1911 
 
 Issued to Boards of Education in 
 Ohio by the State Comnmissioner 
 of Common Schools with the 
 Full Text of the : : : : : 
 
 School Book 
 
 Law 
 
 As Amended May 9, 1908 
 
 And the Names and Addresses 
 of all Publishers Who Have 
 Agreed in Writing to Furnish 
 Their Publlications upon the 
 Terms Prescribed in the Law 
 
 Columbus, Ohio 
 
 The F. J. Heer Printing Co. 
 
 1911 
 
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 OFiaCE OF THE , 
 
 STATE COMMISSIOXER OF COMMON SCHOOLS. 
 
 Columbus, Ohio, June 15, 191 1, 
 To Boards of Educalioii ifi Ohio: 
 
 The following is the full text of the School Book Law : 
 
 Filing and 
 preservation 
 of copies and 
 prices of 
 school-books. 
 
 Maximi-m 
 price; notifi- 
 cation of pub,-- 
 lisher. 
 
 Section 7709. Am- publisher or publishers of school- 
 books in the United States desiring to offer school-books 
 for use by pupils in the common schools of Ohio as herein- 
 after provided, before such books may be lawfully adopted 
 and purchased by any school board, must file in the office of 
 the state commissioner of common schools, a copy of each 
 book proposed to be so offered, together with the published 
 list wholesale price thereof. No revised edition of any such 
 book shall be used in common schools until a copy of such 
 edition has been filed in the office of the commissioner to- 
 gether with the published list wholesale price thereof. The 
 commissioner must carefully preserve in his office all such 
 copies of books and the prices thereof. (92 v. 282 § i.) 
 
 Section 7710. When and so often as any book and the 
 price thereof is filed in the commissioner's office as provided 
 in the next preceding section, a commission consisting of the 
 governor, secretary of state and state commissioner of com- 
 mon .schools, immediately shall fix the maximum price at 
 v.-hich such books may be sold to or purchased by boards 
 of education, as hereinafter provided, which price must not 
 exceed seventy-five per cent, of the published list wholesale 
 price thereof. The state commissioner of common schools 
 immediately shall notify the pubhsher of such book so filed, 
 of the maximum price fixed. If the publisher so notified, 
 notifies the commissioner in writins: that he accepts the 
 price fixed, and ag-rees in writing to furnish such book dur- 
 ing a period of five years at that price, such written ac- 
 ceptance and agreement shall entitle the rublisher to offer 
 the book so filed for sale to such boards of education. (q2 
 V. 282 § 2.) 
 
 State commissioner of common schools not authorized to permit pub- 
 lishers to withdraw books after they have been listed, before expiration of 
 contract. Com. 
 
 Section 771 i. Such commissioner, during the first Notices to 
 half of the month of June, in each year, must furnish to boards, 
 each board of education the names and a^ddresses of all 
 publishers who during the year ending on the first day of 
 the month of June in each year, agreed in writing to fur- 
 nish their publications upon the terms above provided. A 
 board of education shall not adopt or cause to be used in the 
 common schools any book whose publisher has not complied, 
 as to such book, with the provisions of law relating there- 
 to. (92 V. 282 § 3.) 
 
Violation of 
 agreement by 
 publisher. 
 
 Text-books; 
 how deter- 
 mined; five- 
 year term. 
 
 Text -books, 
 of whom 
 ordered. 
 
 Board of 
 education, 
 power and 
 duties of. 
 
 Section 7712. If a publisher who agreed in writing 
 to furnish books as above provided, fails or refuses to fur- 
 nish such books adopted as herein provided to any board of 
 education or its authorized agent upon the terms herein 
 provided, such board at once must notify such commission 
 of such failure or refusal, and it at once shall cause an in- 
 vestigation of such charge to be made. If it is found to be 
 true the commission at once shall notify such publisher and 
 each board of education in the state that such book shall not 
 thereafter be adopted and purchased by boards of education. 
 Such publisher shall forfeit and pay to the state of Ohio five 
 hundred dollars for each failure, to be recovered in the name 
 of the state, in an action to be brought by the attorney- 
 general, in the court of common pleas of Franklin county, 
 or in any other proper court or in any other place where 
 service can be made. The amount, when collected, must 
 be paid into the state treasury to the credit of the common 
 school fund of the state. (92 v. 282 § 4.) 
 
 Section 7713. At a regular meeting, held between the 
 first Monday in February and the first Monday in August, 
 each board of education shall determine by a majority vote 
 of all members elected the studies to be pursued and which 
 of such text-books so filed shall be used in the schools under 
 its control. But no text-books now in use or hereafter 
 adopted shall be changed, nor any part thereof altered or re- 
 vised, nor an}^ other text-book be substituted therefor for 
 five years after the date of the selection and adoption there- 
 of, as shown by the official records of such boards, except 
 by the consent at a regular meeting, of five-sixths of all 
 members elected thereto. Books so substituted shall be 
 adopted for the full term of five years. (99 v. 460 § 5.) 
 
 Injunction lies to restrain illegal change in school text-books. Lenliart 
 V. Newton Tp. (Bd. of Ed.) 18 Dec. 82.5 (5 N. S., TIQ). 
 
 Section 7714. Each board of education shall cause 
 it to be ascertained, and at a regular meeting determine 
 which, and the number of each of such books the schools 
 under its charge require, and cause an order to be drawn 
 for the amount in favor of the clerk of the board of educa- 
 tion, payable out of the contingent fund. Such clerk at once 
 shall order the books so agreed upon by the board, of the 
 publisher, who on the receipt of such order must ship them 
 to the clerk without delay. He forthwith shall examine the 
 books, and, if found right and in accordance with the order, 
 remit the amount to the publisher. The board of education 
 must pay all charges for the transportation of the books, 
 out of the school contingent fund. But if such boards of 
 education at any time can secure of the publishers books at 
 less than such maximum price, they shall do so, and with- 
 out unnecessarv delay may make effort to secure such lower 
 price before adopting any particular text-.book. (99 v. 
 460 § 5.) 
 
 Section 7715. Each board of education shall make 
 all necessary provisions and arrangements to place the books 
 so purchased within easy reach of and accessible to all the 
 
pupils in their district. For that purpose it ma}- make sucli 
 contracts, and take such security as it deems necessary, for 
 the custody, care and sale of such books and accounting 
 for the proceeds ; but not to exceed ten per cent, of the cost 
 price shall be paid therefor. Such books must be sold to 
 the pupils of school age in the district, at the price paid 
 the publisher, and not to exceed ten per cent, therefor add- 
 ed. The proceeds of sales shall be paid into the contingent 
 fund of such district. Boards also may contract with local 
 retail dealers to furnish such books at prices above specified, 
 the board being still responsible to the publishers for all 
 books purchased by it. (99 v. 460 § 5.) 
 
 Section 7716. When pupils remove from any district, oid books, 
 and have text-books of the kind adopted in such district purchase of.. 
 and not the kind adopted in the district to which they re- 
 move, and wish to dispose of them, the board of the district 
 from which the}^ remove, if requested, shall purchase them 
 at the fair value thereof, and resell them as other books. 
 Nothing herein shall prevent the board of education from 
 furnishing free books to pupils as provided bv law. (99 v. 
 460 § 5.) 
 
 Section 7717. For the purpose of carrying into effect Appropriation, 
 the foregoing provisions, and paying the expenses incident 
 thereto, there is hereby appropriated out of any money in the 
 state treasury, to the credit of the general revenue fund, 
 not otherwise appropriated, the sum of five hundred dollars, 
 to be disbursed and paid on the allowance and order of the 
 commissioner of common schools. (99 v. 460 § 5.) 
 
 Section 7718. A superintendent, supervisor or princi- s^ies agents, 
 pal, employed by any board of education in the state shall ^^o "^^y not. 
 not act as a sales agent, either directly or indirectly, for any 
 person, firm or corporation whose school text books are filed 
 with ''such state commissioner, for use in the public schools 
 of the state, as provided by law. A violation of this pro- 
 vision shall work a forfeiture of their certificates to teach in 
 the public schools of Ohio. (99 v. 460 § 5.) 
 
 Penalty for bribery in sale of text-books aud school apparatus., see Secj 
 tions 12931 and 12932. 
 
COURT DECISIONS. 
 
 Where the committee on text books of a school board recom-nended the- 
 adoption of a certain series of books, and the school board amended the 
 report and then adopted it, this "determines" the books to be used under 
 R. S., Sec. 4020-14 (7713 G. C), and exhausts the power to change them, and 
 a majorit}^ vote ten days afterwards to reconsider is a nullity. 35 O. S., 368. 
 
 The adoption of the books being in connection with a proposition of the 
 publisher, its terms as to prices are conditions of the adoption. Id. 
 
 A rule of the board, that resolutions for changing text-books shall be 
 referred to a committee and delayed four weeks, is a reasonable one under 
 F. S., Sec. 3985 (4750 G. C), and binding. Nor can a bare majority abrogate 
 it, for Sec. 3982 (4752 G. C.), must be construed with Sec. 3985 (4750 G. ^C). 
 Hence, an adoption of a text-book by a majority without reference to the 
 committee and four weeks' dela}'', will not be enforced by mandam.us on the- 
 application of a parent who has purchased the new books. 2 C. C. 510. 
 
 LIST OF PUBLISHERS. 
 
 In accordance with the provisions of Section 7711 of this law, I hereby 
 notify you that the following publishers of school books have complied with 
 the provisions of the law, and are therefore entitled to offer fcr sale, to boards 
 
 of education, for use by the pupils in the schools, such books of their publica- 
 tion as have been authorized by the school book commission: 
 
 Acme Publishing" Co Morgantown, W. Va.. 
 
 Ainsworth & Co Chicago, 111. 
 
 Allyn & Bacon. . Chicago, 111. 
 
 American Book Co Cincinnati, Ohio. 
 
 D. Appleton & Co Chicago, 111. 
 
 Atkinson, I\Ientzer & Grover Chicago, 111. 
 
 Atlas School Supply Co Chicago, 111. 
 
 The Baker & Taylor Co New York City. 
 
 A. S. Barnes & Co New York City. 
 
 Arthur J. Barnes ■ St. Louis, Mo. 
 
 The Berlitz School of Languages Cincinnati, Ohio. 
 
 Alfred J. Beirly Chicago, 111. 
 
 C. C. Birchard & Co Boston, Mass. 
 
 F. H. Bliss Publishing Co Saginaw, Mich. 
 
 The Bobbs-Merrill Co _ Indianapolis, Ind. 
 
 Burrows Bros Cleveland, Ohio. 
 
 The Century Co New York City. 
 
 The John Church Co. ... • CiHcinnati, Ohio. 
 
 The C. 11. Clark Publishing Co Boston, Mass. 
 
 Sherwin Cody Chicago, 111. 
 
 D. W. Crist Moultrie, Ohio. 
 
 Creg B. Darby . Mt. Victor3^ Ohio. 
 
 Dement Publishing Co Chicago, 111. 
 
 Thomas J. Donlan Boston, Mass. 
 
 Doubleday, Page & Co New York City. 
 
 Eaton & Co. . , Chicago, 111. 
 
 Eclio I\Iusic Co Chicago, 111. 
 
Educatiorial Association Chicago, 111. 
 
 Educational Publishing Co Columbus. Ohio. 
 
 Ellis Publishing Co • Battle Creek, Mich, 
 
 The Ellsworth Co Mont Vale, N. J. 
 
 -A. Flanagan & Co • Chicago, 111. 
 
 Funk & VVagnalls Co New York City. 
 
 Ginn & Co Columbus, Ohio. 
 
 Globe School Book Co New York City. 
 
 Good;^'ear-Aiarshall Publishing Co Cedar Rapids, Iowa. 
 
 Andrew J. Graham & Co New York City. 
 
 Gregg Publishing Co Chicago, 111. 
 
 "Crosset & Dunlap • • New York City. 
 
 Hariscn, Wm. Beverley New York City. 
 
 Harper & Bros New York City. 
 
 D. C. Heath & Co Chicago, 111. 
 
 The Hedges Publishing Co Columbus, Ohio. 
 
 H. D. Hemenway ~. • Xcrthampton, ]\Iass. 
 
 Hinds, Noble & Eldredge • New York City. 
 
 Henry Holt & Co Chicago, III. 
 
 Houghton Mifllin Co Boston, Mass. 
 
 Hope Publishing Co. . . ; Chicago, 111. 
 
 Frank V. Irish Chicago,. 111. 
 
 Jennings Publishing Co. . ; Biookljai, N. Y. 
 
 B. F. Johnson Publishing Co Richmond, Va. 
 
 ^Johnson, Blagden & McTurnan Chicago, 111. 
 
 L. J. Kemp Ada, Ohio. 
 
 L. E. Knott Apparatus Co Boston, Mass. 
 
 Laird & Lee Chicago, 111. 
 
 J. B. Lippincott & Co Philadelphia, Pa. 
 
 Little, Brown & Co Boston, Mass. 
 
 Longmans, Green & Co New York City. 
 
 Lothrop, Lee & Shepard Co Boston, Mass. 
 
 J. D. Luse Columbus, Ohio. 
 
 '.I. A. Lyons & Co Chicago, 111. 
 
 The ]\Iacmillan Co Chicago, 111. 
 
 Chas. E. Merrill & Co New York City. 
 
 E. N. Miner New York City. 
 
 Musick, W. L St. Louis, Mo. 
 
 Isabel Howard Neff Cincinnati, Ohio, 
 
 Newson & Co New York City. 
 
 Orange Judd Co - • New York City. 
 
 Oxford LTniversity Press New York City. 
 
 Eli Lawrence Payne '. Emporia, Kansas. 
 
 Phonographic Institute Co Cincinnati, Ohio. 
 
 Practical Text Book Co Cleveland, Ohio. 
 
 The Prang Educational Co Chicago, 111. 
 
 Public School Publishing Co • Bloomington, 111. 
 
 G. P. Putnam's Sons New York City. 
 
 Rand. McNally & Co '. Chicago, 111. 
 
 Geo. D. Rathbun Ottawa, Kansas. 
 
 Row, Peterson & Co Chicago, 111. 
 
 'The H. M. Rowe Co Baltimore, Md. 
 
 The Saalfield Publishing Co Akron, Ohio. 
 
 Benj. H. Sanborn & Co Chicago, 111. 
 
021 490 332 
 
 8 
 
 Chas. Schovanek Cleveland, Ohio. 
 
 Scott, Foresman & Co Chicago, 111. 
 
 Charles Scribner's Sons New York City. 
 
 'Sibley & Co Chicago, 111. 
 
 Silver. Burdett & Co Chicago, 111. 
 
 Parker P. Simmons New Yor|<: City. 
 
 J. H. Snyder Tiffin, Ohio. 
 
 South-Western Publishing Co Knoxville, Tenn. 
 
 Christopher Sower Co Philadelphia, Pa. 
 
 E. Steiger & Co New York City. 
 
 J. ^I. Stradling & Co New York City. 
 
 Stewart & Glover Akron, Ohio. 
 
 The Taylor-Holden Co Springfield, IMass. 
 
 University Publishing Co Lincoln, Neb. 
 
 Universit}' of Chicago Press Chicago, 111. 
 
 A. C. Van Sant Omaha, Neb. 
 
 H. C. Walker St. Louis, Mo. 
 
 The Webb Publishing Co St. Paul, Minn. 
 
 L. S. Wells Columbus, Ohio. 
 
 AV. H. Wheeler & Co . Chicago, 111. 
 
 AVooster & Co ' . Chicago, 111. 
 
 World Book Co Yonkers, N. Y. 
 
 Zaner & Bloser Columbus, Ohio. 
 
 -Johnson, Elagdeir & McTurnan are successors to Thompson, BroAvn & Co. 
 -J. A. Lyons &■ Co. are successors to Powers & Lyons. 
 ^The H. M. Rowe Co. was formerly The Sadler-Rowe Co. 
 *Benj. H. Sanborn & Co. are the western agents for Sibley & Co. 
 
 Books formerly listed by Daniel W. Lothman, Cleveland, Ohio, are now listed by Ginn 
 ^- Co. 
 
 Each publisher named above has been furnished with a duplicate of the 
 aforesaid list of his books on file with the commission, together with the maxi- 
 mum price of each publication. The maximum price of any text-book offered 
 for adoption may be obtained by applying to the office of the Commissioner 
 of Common School or the publisher of such text-book. 
 
 Your attention is hereby especially called to the fact that the law re- 
 quires boards of education in all school districts to adopt for a period of 
 five years all text-books regularly used in the schools. The clerk of the 
 board of education should make a careful record of such adoption, showing 
 the time when the meeting was held, the names and prices of books adopted, 
 and the manner in which the vote was taken, as well as the result of the vote. 
 
 Section 7714 of the Ohio School Book Law also makes it the duty of 
 the board to determine the kind and number of books to be used and to 
 order the same through its clerk, an agent appointed for that purpose, or 
 a local retail dealer with whom a contract may have been made to furnish 
 books to pupils at a rate not to exceed ten per cent, advance upon the cost 
 price. 
 
 In all cases, the board of education is responsible to the publishers for 
 all Tjooks purchased by said board of education. 
 
 JOHN W. ZELLER, 
 
 Commissioner. 
 
LIBRARY OF CONGRESS 
 
 021 490 332 5 
 
 HoUincer Corr*.