jffl- 9/J3 
 
LB 2851 
 .15 
 Copy 1 
 
 THE 
 
 School* Book Ljaws 
 
 INDIANA, 
 
 Acts of 1889, 1891 arjd 1893 
 
 SYNOPSIS OF THE DUTIES OF SCHOOL OFFICERS, 
 
 DEALERS AND CONTRACTORS UNDER 
 
 THE SCHOOL BOOK LAW. 
 
 • %ISSUED BY%I 
 
 HERVEY D. VORIES, 
 
 Superintenoent of public Instruction. 
 
 INDIANAPOLIS, 
 
 \VM. B. P.l'REIIRD, PRINTER. 
 

S VN O PSIS 
 
 Duties of School Officers, Dealers and Contractors 
 
 UNDER THE 
 
 SCHOOL BOOK LAW. 
 
 TRUSTEES. 
 
 To order books for use in schools s. 7, p. 4; s. 2, 
 
 To base orders on reports of teachers and 
 
 advice of County Superintendent 8 
 
 Maximum total orders for any one year s 
 
 To take charge and custody of books s 
 
 To receipt County Superintendent and contractor 
 
 for books s 7, p. 5 ; s 
 
 To preserve books in original packages s 
 
 To sell books to patrons and pupils s. 7, p. 5; s 
 
 May arrange for disposition of old books s 
 
 Misdemeanor to sell books for more than contract 
 
 price. 
 
 3, 
 12, 
 
 3, 
 
 7, 
 
 Penalty for selling books in excess of contract prices 
 
 To make quarterly reports and settlements 
 
 s. 8, p. 5 ; s 
 
 To be sworn to book reports s. 8, p. 5 ; s. 
 
 Liable on bond for failure to report and settle 
 
 s. 9, p. 5 ; 8. 
 Embezzlement to fail or refuse to turn over any 
 
 money or books sec. 13, p. 7; 8. 10, p. 13; s. 
 
 Penalty for failure to turn over money or books 
 
 s. 13, p. 7; s. 10, p. 13; 8. 7, p. 19 
 May pay for books out of township funds 8. 3, p. 9 
 
 12, 
 12, 
 
 • 3, 
 3, 
 
 7, 
 
 7, 
 
 7, 
 
 p. 9 
 
 p. 9 
 p. 9 
 p. 5 
 
 p. 9 
 p. 14 
 p/9 
 p. 5 
 
 p. 7 
 p. 7 
 
 p. 10 
 p. 9 
 
 p. 11 
 
 p. 19 
 
11 SYNOPSIS OF DUTIES OP SCHOOL OFFICERS, ETC. 
 
 Shall not contract debt to pay for books s. 3, p. 10 
 
 Liable for safe keeping of books s. 3, p. 10; s. 12, p. 14 
 
 To return surplus books to contractor s. 3, p. 10 
 
 To return damaged or defective books s. 12, p. 14 
 
 -UL-To furnish booJs:s to the poor free ; s. 4, p. 10 
 
 To report books furnished the poor s. 5, p. 11 
 
 To sell books to dealers at 10 per cent, discount s. 1, p. 17 
 
 To pay 5 per cent, out of special school fund s. 2, p. 17 
 
 Shall not deliver books to dealers except for cash ...s. 1, p. 17 
 
 To make monthly reports and settlements s. 2, p. 17 
 
 Exempt from making quarterly reports ..s. 5, p. 11 ; s. 2, p. 18 
 
 To make annual reports s. 5, p. 11 ; s. 4, p. 18 
 
 To see that only adopted books are used s. 11, p. 13 
 
 To see that the name and price of the adopted books 
 
 are printed on outside covers of all books used s. 13, p. 14 
 
 To see that a supply of books is kept on hand s. 3, p. 18 
 
 To notify dealers of introduction of new or revised 
 
 books s. 10, p. 21 
 
 Penalty for failure to perform any duty s. 6, p. 19 
 
 COUNTY SUPERINTENDENTS. 
 
 To give special bond.. s. 10, p. 6; s. 8, p. 12 
 
 Penalty for failure to give bond s. 10, p. 6; s. 8, p. 12 
 
 To make requisitions for books s. 7, p. 4 
 
 To notify Trustees of receipt of books s. 7, p. 4 
 
 To sell books to other than public schools s. 7, p. 5 
 
 To enter suit against Trustees s. 9, p. 6; s. 7, p. 11 
 
 To make quarterly reports and settlements. .s. 11, p. 6; s. 9, p. 12 
 
 To be sworn to quarterly reports s. 11, p. 6 ; s. 9, p. 12 
 
 To file copy of quarterly reports with Au- 
 ditor ...s. 11, p. 6; s. 9. p. 12 
 
 Penalty for failure to report and settle.. ..s. 11, p. 6; s. 9, p. 12 
 Embezzlement to fail or refuse to turn over money 
 
 or books s. 13, p. 7; s. 10, p. 13; s. 7, p. 19 
 
 Penalty for failure to turn over money or 
 
 books s. 13, p. 7; s. 10, p. 13; s. 7, p. 19 
 
 To see that only adopted books are used s. 11, p. 13 
 
 To keep books and see that a sufficient supply is on 
 
 hand s. 3, p. 18 
 
 To see that the name and price of the adopted books 
 
 are printed on the covers of all books used s. 13, p. 14 
 
 ? OCT 1905 
 D. of D, 
 
SYNOPSIS OF DUTIES OF SCHOOL OFFICERS, ETC. ill 
 
 To make monthly reports and settlements s. 5, p. 18 
 
 To file copy of monthly report with Auditor s. 5, p. 19 
 
 To scale down requisitions s. 10, p. 21 
 
 To notify dealers of introduction of new or revised 
 
 books s. 10, p. 21 
 
 Penalty for failure to perform any duty s. 6, p. 19 
 
 DEALERS. 
 
 Allowed 10 per cent, discount s. 1, p. 17 
 
 Must pay cash for books s. 1, p. 17 
 
 Make annual statement of books on hand........ s. 4, p. 18 
 
 Penalty for failure to report books on hand s. 4, p. 18 
 
 Forbidden to sell in excess of contract prices s. 8, p. 19 
 
 Penalty for overcharging for books s. 8, p. 19 
 
 Shall not handle or sell books on consignment s. 1, p. 17 
 
 CONTRACTORS. 
 
 To ship books to County Superintendents. .s. 7, p. 4; s. 12, p. 13 
 
 To print name and price on outside covers s. 13, p. 14 
 
 To wrap books in packages s. 12, p. 18 
 
 To label packages s. 12, p. 13 
 
 To have right of action s. 6, p. 19 
 
 To give consent to act of 1898 s. 1, p. 16 
 
 To pay cost of revision s. 9, p. 20 
 
 To give bond s. 10, p. 22 ; s. 14, p. 25 ; s. 16, p. 25 
 
 To furnish blanks s. 4, p. 18; s. 5, p. 18 
 
 STATE SUPERINTENDENT. 
 
 To make requisitions s. 7, p. 4 
 
 To scale requisitions s. 2, p. 9 ; s. 10. p. 21 
 
 To print and distribute laws s. 14, p. 14; s. 17, p. 25 
 
SCHOOL BOOK LAW. 
 
 [ Passed in 1889. 
 
 AN ACT entitled an act to create a Board of Commissioners for the 
 purpose of securing for use in the common schools of the State of 
 Indiana, of a series of text-books, defining the duties of certain offi- 
 cers therein named with reference thereto, making appropriations 
 therefor, defining certain felonies and misdemeanors, providing pen- 
 alties for the violation of the provisions of said act, repealing all 
 laws in conflict therewith, and declaring an emergency. 
 
 [Became a Law by Lapse of time without the Governor's Approval.] 
 
 Section 1. Be it enacted by the General Assembly ofthe BoSiTd of Edu . 
 State of Indiana, That the State Board of Education cation - 
 shall constitute a Board of Commissioners for the pur- 
 pose of making a selection, or procuring the compila- 
 tion tor use in the common schools of the State of Indi- 
 ana, of a series ol text-books in the following branches 
 of study, namely : Spelling, reading, arithmetic, geog- studies. 
 raphy, English grammar, physiology, history of the 
 United States, and a graded series of writiug books. 
 The matter contained in the reader shall consist of 
 lessons commencing with the simplest expression of 
 the language, and by a regular gradation, advancing to 
 and including the highest styles of composition both in 
 poetry and prose: ^Provided, That none of said text- Proviso 
 books shall contain anything of a partisan or sectarian 
 character: And, provided further, That the foregoing 
 books shall be at least equal in size and quality as to 
 matter, material, style of binding and mechanical exe- 
 cution, to the following text-books now in general use, 
 namely : The speller to McGufi'ey's Spelling-book, the Text books, 
 reader to Appieton's Readers, the arithmetic to Ray's 
 New Arithmetic Series, the geographies to the Eclectic 
 Series of Geographies, the grammar to Harvey's Gram- 
 mar, the physiology to Daltou's Physiology, the history 
 of the United States to Thalheimer's History of the 
 United States, and the writing-books equal to the 
 Eclectic Copy-books. 
 
 Sec. 2. The said Board of Commissioners shall, im- Advertising, 
 mediately upon the taking effect of this act, advertise 
 
SCHOOL BOOK LAW 
 
 Authors. 
 
 Compilation. 
 
 for twenty-one consecutive days in two daily papers 
 published in this State, having the largest circulation, 
 and in one newspaper of general circulation in the 
 cities of New York, Philadelphia, Cincinnati, Chicago 
 and St. Louis, that at a time and place to be fixed by 
 said notice, and not later than six months after the first 
 publication thereof, said board will receive sealed pro- 
 posals on the following: 
 
 Proposals. First. From publishers of school text-books, for fur- 
 
 nishing books to the School Trustees of the State of 
 Indiana for use in the common schools of this State, as 
 provided in this act, for a term of five years, stating 
 specifically in such bid the price at which each book 
 will be furnished, and accompanying such bid with 
 specimen copies of each and all books proposed to be 
 furnished in such bid. 
 
 Second. From authors of school text-books, who 
 have manuscripts of books not published, for prices at 
 which they will sell their manuscript, together with the 
 copyright of such books for use in the public schools of 
 the State of Indiana. 
 
 Third. From persons who are willing to undertake 
 the compilation of a book or books, or a series of books, 
 as provided for in section one (1) of this act, the price 
 at which they are willing to undertake such compila- 
 tion of any or all of such books, to the acceptance and 
 satisfaction of the said Board of Commissioners: Pro- 
 
 Proviss. vided, That any and all bids by publishers, herein pro- 
 
 vided for, must be accompanied by a bond in the penal 
 sum of fifty thousand dollars, with resident freehold 
 surety, to the acceptance and satisfaction of the Gover- 
 nor of this State, conditioned that if any contract be 
 awarded to any bidder hereunder, such bidder will enter 
 into a contract to perform the conditions of his bid to 
 the acceptance and satisfaction of said Board : And, 
 
 Proviso. provided further, That no bid shall be considered unless 
 the same be accompanied by the affidavit of the bidder 
 that he is in nowise, directly or indirectly, connected 
 with any other publisher or firm who is now bidding 
 for books submitted to such board, nor has any pecuni- 
 ary interest in any other publisher Or firm bidding at 
 the same time, and that he is not a party to any com- 
 pact, syndicate or other scheme whereby the benefits 
 of competition are denied to the people of this State : 
 
 Proviso. And be it further provided, That if any competent author 
 or authors shall compile any one or more books of the 
 first order of excellence, and shall offer the same as a 
 free gift to the people of this State, together with the 
 copyright of the same and the right to manufacture and 
 
OF INDIANA. 3 
 
 sell such works in the State of Indiana for use in the 
 public schools, it shall be the duty of such Board of 
 Commissioners to pay no money tor auy manuscript or 
 copyright for such book or books on the subject treated 
 of in the manuscript so donated ; and such Board shall 
 have the right to reject any and all bids, and at their 
 option such Board shall have the right to reject auy bid 
 as to a part of such books, and to accept the same as to 
 the residue thereof. 
 
 Sec. 3. It shall be the duty of such Board to meet Examine bids, 
 at the time and place meutioned in such notice, and 
 open and examine all sealed proposals received pursu- 
 ant to the notice provided for in section two (2) of this 
 act, and it shall be the further duty of such Board to 
 make a full, complete and thorough investigation of all 
 such bids or proposals, and to ascertain under which of 
 said proposals or propositions the school books could be 
 furnished to the people of this State for use in the com- 
 mon schools at the lowest price, taking into considera- 
 tion the size and quality as to matter, material, style of 
 binding and mechanical execution of such books: Pro- p rov i lo . 
 vided, always, That such Board shall not, in any case, 
 contract with any author, publisher or publishers, for 
 the furnishing of any book, manuscript, copyright or 
 books which shall be sold to patrons for use in the pub- 
 lic schools of this State at a price above or in excess of 
 the following, which prices shall include all cost and 
 charges for the transportation and delivery to the several 
 County School Superintendents in this State, namely: 
 For a Spelling book, ten (10) cents; for a First Reader, Prices, 
 ten (10) cents; for a Second Reader, fifteen (15) cents; 
 for a Third Reader, twenty-five (25) cents; for a Fourth 
 Reader, thirty (30) cents; for a Fifth Reader, forty (-40) 
 cents; for an Arithmetic, intermediate, thirty-five (35) 
 cents; for an Arithmetic, complete, forty five (45) cents; 
 for a Geography, elementary, thirty (30) cents; for a 
 Geography, complete, seventy- five (75) cents; for an 
 English Grammar, elementary, twenty-five (25) cents; 
 for an English Grammar, complete, forty (40) cents ; for 
 a Physiology, thirty-five (35) cents ; for a History ot the 
 United States, fifty (50) cents ; for Copy Books, each, 
 five (5) cents. 
 
 Sec 4. If, upon the examination of such proposals, Bid too high, 
 it shall be the opinion of such Board of Commissioners, 
 that such books can be furnished cheaper to the patrons 
 for use in the common schools in the State by procur- 
 ing and causing to be published the manuscript of any 
 oj all of such books, it shall be their duty to procure 
 such manuscript and to advertise for sealed proposals 
 
SCHOOL BOOK LAW 
 
 Contract. 
 
 Liability. 
 
 Proclamation 
 of Governor. 
 
 Duty of School 
 Trustees. 
 
 Requisition. 
 
 Duty of Co. 
 School Super- 
 intendents. 
 
 Duty of 
 Trustees. 
 
 for publishing the same, in like manner as hereinbe- 
 fore provided, and under the same conditions and re- 
 strictions. And such contract may be let for the pub- 
 lication of all of such books, or for any one or more of 
 such books separately; and it shall be the further duty 
 of such Board of Commissioners to provide, in the 
 contract for the publication of any such manuscript, 
 for the payment by the publisher of the compensation 
 agreed upon between such Board and the author or 
 owner of any such manuscript for such manuscript, to- 
 gether with the cost or expense of copyrighting the 
 same. 
 
 Sec 5. It shall be a part of the terms and conditions 
 of every contract made in pursuance of this act that the 
 State of Indiana shall not be liable to any contractor 
 hereunder for any sum whatever; but that all such con- 
 tractors shall receive their pay and compensation solely 
 and exclusively from the proceeds of the sale of the 
 books, as provided for in this act. 
 
 Sec 6. As soon as such Board shall have entered into 
 any contract for the furnishing of books for use in the 
 public schools of this State, pursuant to the provisions 
 of this act, it shall be the duty of the Governor to issue 
 his proclamation announcing such fact to the people of 
 this State. 
 
 Sec. 7. When such proclamation shall have been 
 duly issued, it shall be the duty of the School Trustees 
 of each a_d every school corporation in this State, 
 within thirty days thereafter, and at such other times 
 as books may be needed for use in the public schools of 
 their respective corporations, to certify to the County 
 Superintendent of their respective counties the number 
 of school text-books provided for in such contract re- 
 quired by the children for use in the schools of their 
 several school corporations. Such County Superin- 
 tendent shall forthwith make such requisitions for books 
 as the schools in the said several counties may require 
 upon the State Superintendent of Public Instruction, 
 and that said State Superintendent of Public Instruc- 
 tion shall immediately thereafter make a requisition for 
 said books upon the contractor, who shall within ninety 
 days ship the books so ordered directly to the County 
 School Superintendents of the several counties of this 
 State. Upon the receipt of such books it shall be the 
 duty of such County School Superintendents to immedi- 
 ately notify all the School Trustees of the school cor- 
 porations as shown by the last school enumeration of 
 their counties of the receipt of such books. It shall 
 then be the duty of such School Trustees to immediately 
 
OF INDIANA. 5 
 
 procure and take charge and custody of all the books 
 assigned to their several school corporations, receipting 
 therefor to the said County School Superintendent; and 
 upon the receipt of such books by said School Trustees 
 they shall furnish them on demand to the school patrons 
 or school children of their respective corporations at 
 the price fixed therefor by the contract entered into be- 
 tween said Board of Commissioners and said contractor; 
 and it shall be the duty of such school officers to sell 3S2£f Boho01 
 such books for cash only; and if they shall sell or dispose 
 of any books other than for the cash price thereof they 
 shall be held personally liable, and liable upon their 
 official bond for the price of such book or books: Pro- Proviso. 
 vided, That any patron or pupil of auy school or schools 
 other than the public schools, and also any child be- 
 tween the ages of six and twenty-one years of age, or 
 the parent, guardian or teacher of such child, shall have 
 the right to purchase and receive the books, and at the 
 prices herein named, by payment of the cash price 
 thereof to the School Superintendent of any county in 
 this State, and it is hereby made his duty to make 
 requisition upon the contractor for any and all books so 
 ordered and paid for by any such person or persons: 
 And provided further, That nothing in this act shall Proviso. 
 operate to prevent the State Board of Education, Boards 
 of School Trustees or Boards of School Commissioners 
 from devising means and making arrangements for the 
 sale, exchange or other disposition of such books, as 
 may be owned by the pupils of schools under their 
 charge at the time of the adoption of hooks under the 
 provisions of this act. 
 
 Sec. 8. At the expiration of three months after the Reports. 
 receipt of such books by the County Superintendent, 
 and every three months thereafter, ir shall be the duty 
 of each School Trustee receiving and chargeable with 
 books under the provisions of this act, to make a full 
 and complete report to the County Superintendent of 
 the number of books sold and the amount of money re- 
 ceived therefor, and the number of books on hand ; and 
 at the time of making such report he shall pay over to 
 the County Superintendent 'all moneys received by him 
 or with which he is chargeable, from the sales of books 
 in his hands; which report Bhall be duly verified by the 
 oath of the party making it. 
 
 Sec 9. If, at the expiration of teu days from the tinu Failure to 
 required by this act for the making of such report oi re|or 
 any School Superintendent chargeable with books under 
 this act, any such officer shall have failed, neglected or 
 refused to make such report, or turn over auy moneys 
 
SCHOOL BOOK LAW 
 
 Suit. 
 
 Judgment. 
 
 Bond. 
 
 Sureties. 
 
 with which he is chargeable, it shall be the duty of the 
 County School Superintendent, within fifteen days, to 
 enter suit upon his official bond for an accounting and 
 recovery of any moneys due from him on account of 
 such books with which he is chargeable; and all judg- 
 ments recovered upon such bonds shall include a rea- 
 sonable attorney's fee for the attorney prosecuting such 
 suit; and such judgment shall be without relief from 
 valuation or appraisement laws, and shall' be without 
 stay of execution. 
 
 Sec 10. It shall be the duty of the several County 
 School Superintendents of this State, within thirty days 
 from the issuing of the proclamation by the Governor, 
 as hereinbefore provided for, and of every County 
 School Superintendent hereafter elected, before he en- 
 ters upon the discharge of his official duties, to enter 
 into a special bond, with at least two freehold sureties 
 of such county, payable to the State of Indiana, condi- 
 tioned that they will faithfully and honestly perform all 
 the duties required of them by this act, and account for 
 and pay over all moneys that may come :nto their hands, 
 pursuant to the provisions of this act, in a penal sum 
 which shall be equal in amount to one hundred dollars 
 for every one thousand inhabitants of their respective 
 counties as shown by the last census immediately pre- 
 ceding the giving of such bond, to be approved by the 
 Board of Commissioners of their respective counties ; 
 Failure to give and upon the failure of any County School Superintend- 
 ent to give such bond, his office shall become imme- 
 diately vacant, and the Board of Commissioners of his 
 county shall immediately appoint some competent and 
 suitable person to fill such vacancy for the unexpired 
 term of his office. 
 
 Sec 11. It shall be the duty of each County School 
 Superintendent in this State, within ten days after the 
 quarterly reports of the School Trustees, as hereinbe- 
 fore provided for, to make a full, true, complete and 
 detailed report to the contractor of all books sold by 
 the several School Trustees of his county, and of the 
 number of books in the hands of the Trustees of each 
 school corporation, which report shall be accompanied 
 by all cash received by him from the school officers from 
 sales of books by them sold, and which report shall be 
 duly verified by him, and a duplicate thereof shall be 
 filed in the office of the Auditor of his county. Upon 
 the failure of any County School Superintendent, to 
 make the report and to transmit the cash, as required 
 by this section, a right of action shall immediately 
 accrue to the contractor against the said School Super- 
 
 bond. 
 
 Co. Superin- 
 tendents to 
 make reports 
 
 Penalty for 
 failure. 
 
OF INDIANA. 7 
 
 intendent aud the sureties upon the bond provided for 
 in this act, for an accounting and for the recovery of 
 any moneys received and not transmitted by him, and 
 for any damages which may have resulted from his neg- 
 lect or failure to comply with provisions of this act, and 
 any judgment upon any such bond shall include a rea- 
 sonable fee for the attorney prosecuting such suit, and 
 such judgment shall be without relief from valuation 
 and appraisement laws and shall be without stay of 
 execution. 
 
 Sec. 12. Any school Trustee charged with the sales Misdemeanor, 
 of any books under the provisions of this act, who shall 
 directly or indirectly demand or receive any money for 
 any book or books in excess of the contract price, as 
 hereinbefore provided, shall be deemed guilty of a mis- 
 demeanor, and upon conviction thereof shall be fined 
 in any sum not less than ten nor more than one hundred 
 dollars, to which may be added imprisonment in the 
 county jail for a term not exceeding sixty days. 
 
 Sec i3. Any County School Superintendent or Trus- *£)£*$„ 
 tee of any township or school corporation in this State moneys.^ 
 who shall fraudulently fail or refuse, at the expiration 
 of the term for which he was elected or appointed, or 
 at any time during such term, when legally required b}^ 
 the proper person or authority, to account for and de- 
 liver and pay over to such person or persons as may be 
 lawfully entitled to receive the same, all moneys or 
 school books which may have come into his hands by 
 virtue of the provisions of this act, shall be deemed Penalty, 
 guilty of embezzlement, and upon conviction thereof 
 shall be imprisoned in the State prison for au} T period 
 not more than five years nor less than one year, and 
 fined in any sum not exceeding one thousand dollars, 
 and rendered incapable of holding any office of trust or 
 profit for any determinate period. 
 
 Seo. 14. The sum of one thousand dollars is hereby Appropria- 
 appropriated out of auy funds in the State Treasury not 
 otherwise appropriated for the purpose of paying the 
 cost and expenses incident to the giving of the notices 
 herein provided for and carrying out the provisions of 
 this act. All laws and parts of laws in conflict with 
 the provisions of this act are hereby repealed. 
 
 Sec 15. Whereas, an emergency exists for the im- Emergency. 
 mediate taking effect of this act, therefore it shall be 
 in force from and atter its passage. 
 
SCHOOL BOOK LATy 
 
 Supplemental School Book Law, Approved 
 March 5, 1891. 
 
 AN ACT for an act entitled an act concerning text books for use in the 
 common schools of Indiana, defining the duties and compensation 
 of certain officers and persons in this act named, with reference to 
 the adoption, use, purchase and accounting for of such books; de- 
 fining certain felonies and creating certain civil liabilities for a vio- 
 lation of certain of such duties; making an appropriation of 
 money out of the State Treasury to carry out a certain provision of 
 this act ; providing what effect this act shall have upon a prior law 
 on the same general subject and upon contracts entered into with 
 the State thereunder; providing for the publication of this act, and 
 declaring an emergency. 
 
 [Approved March 5, 1891 ] 
 
 Duties.ofCom- Section 1. Be it enacted by the General Assembly of 
 
 missioned. ^ e $ tate f j n diana, That it shall be the duty of the 
 Board of Commissioners for the purpose of securiug 
 for use in the common schools of the State of Indiana 
 of a series of text books, as constituted by the act of 
 the General Assembly in this section mentioned, to im- 
 mediately advertise' for bids, and to act upon such bids 
 as may be submitted for the furnishing for use in the 
 
 Books. common schools of the State of Indiana of a spelling 
 
 book, a primary physiology, a more advanced work on 
 physiology and hygiene, an elementary grammar, a 
 complete grammar, and a history of the United States. 
 In advertising for such bids, and in acting upon any 
 bid which may be submitted, such Board of Commis- 
 sioners shall be governed as far as possible by the same 
 terms, conditions and limitations concerning them, and 
 shall require bidders and contractors to comply with all 
 terms, conditions and limitations concerning bidders or 
 contractors, so far as applicable, as are contained in an 
 
 Acts of 1889. act of the General Assembly of Indiana, entitled, "An 
 act entitled an act to create a Board of Commissioners 
 for the purpose of securing for use in the common 
 schools of the State of Indiana of a series of text 
 books, defining the duties of certain officers therein 
 named with reference thereto, making appropriations 
 therefor, defining certain felonies and misdemeanors, 
 providing penalties for the violation of the provisions 
 of said act, repealing all laws in conflict therewith, and 
 declaring an emergency." Acts of the General Assem- 
 
OF INDIANA. » 
 
 bly of the State of Indiana, 1889, p. 74- Provided, 
 That the standard ot Physiologies shall be Hutchin- 
 son's Laws of Health and Hutchinson's Physiology 
 and Hygiene: And provided further, That no bids shall Proviso. 
 be considered in which the price of a Primary Physiol- 
 ogy shall exceed thirty cents for the volume, or in 
 which a Physiology and Hygiene shall exceed sixty 
 cents for the volume, or in which a history of the 
 United States shall exceed sixty-five cents for the vol- 
 ume. 
 
 Sec. 2. That it shall be the duty of the Township Board to order 
 Trustees and School Boards of the State, severally, on the boo ^ ? * 
 first Monday of June in each year, and at such inter- 
 mediate times a3 the necessity therefor shall exist, after 
 considering the number and kind of adopted books al- 
 ready sold in the corporation, the number and kind of 
 such books on hand, and ascertaining from their teach- 
 ers or Principal and Superintendent, as the case may 
 be, the enrollment of scholars in the different classes or 
 grades of the schools of the corporation, to order such 
 quantities of the books which the State has at that 
 time adopted as may seem to him or it to be necessary 
 for use in the schools of such corporation until the 
 first day of June then next succeeding; the estimate 
 being based upon the information which it is above 
 provided shall be gathered ; and on the advice of the 
 County Superintendent : Provided, That the total orders p roviso . 
 for any school year of the books adopted heretofore, 
 and those mentioned in section one of this act, shall 
 not exceed the amount of one dollar for each child enu- 
 merated for school purposes in the corporation : And, 
 provided further, That it shall be the duty of the State 
 Superintendent to properly scale down any order for 
 books which may piss through his hands, in case that 
 it shall seem clear to him that such order is for a quan- 
 tity of books in excess of the needs of the corporation 
 during the period for which such books were ordered. 
 
 Sec. 3. Whenever an order for the books which the Acknowledge 
 State has adopted, or may adopt, shall have been filled E ece k ipt of 
 by a contractor with the State and the books delivered 
 to the Township Trustee or School Board making such 
 order, it shall be the duty of such Trustee or Boards to 
 immediately acknowledge the receipt of such books to 
 the contractor, and also to make a report thereof to the 
 County Superintendent, and it shall be lawful for any 
 such Trustee or Scnool Board to at once make pay- 
 ment for such books to the contractor through the 
 Superintendent of the county out of any school funds in 
 excess of the needs of their respective townships or 
 
10 SCHOOL BOOK LAW 
 
 school corporations for current expenses or other special 
 needs, in the hands or control of such Trustee or Board, 
 aside from the principal or interest of the common Con- 
 gressional School Fund or the " School Revenue for 
 
 Proviso. Tuition :" Provided, hoioever, That no debt shall ever be 
 
 contracted or warrantor other evidence of indebtedness 
 ever be issued by a Trustee or Board on account of a 
 purchase of books : And provided farther, That whenever 
 any books are paid for by any Trustee or School Board, 
 such Trustee or School Board shall be liable personally 
 and liable upon their official bonds respectively for the 
 preservation, custody and safe keeping of all such books 
 until the same are sold and accounted for, or otherwise 
 
 Trustees to re- disposed of according to law. Whenever a book paid 
 
 ofsai P e!° ceeds for as aforesaid is sold by a Trustee or School Board, it 
 shall be the duty of such Trustee or School Board to 
 turu the entire proceeds of such sale into the fund, out 
 of which payment was made to the contractor, to reim- 
 burse the fund for such advancement. In case a Trustee 
 or School Board receiving books from a contractor with 
 the State shall not pay tor such books, as provided in 
 this section, he, or it, shall make quarterly reports 
 under oath of the sale of such books, accompanied by all 
 cash received therefor, to the County Superintendent for 
 transmission to the contractor as now provided by law, 
 until such books shall have been fully paid for. The 
 provisions of this section shall apply to all. orders here- 
 
 Proviso. tofore filed : Provided, That if any Trustee or Board shall 
 
 have on hands any books heretofore ordered for which 
 he, or it, may have no immediate use, the same shall 
 upon the order of the County Superintendent, or the 
 State Superintendent of Public Instruction,be returned to 
 the contractor, or be shipped to such other poiat as the 
 
 Freight. contractor may direct, the contractor to pay all freight 
 
 charges on such shipment; and the County Superin- 
 tendent and such Trustee or Board shall thereupon have 
 credit for such books so returned or shipped. 
 
 Booksforpoor. Sec. 4. It shall be the duty of each Township Trustee 
 and each School Board to furnish the necessary school 
 books so far as they have been or may be adopted by 
 the State, to ail such poor or indigent children as may 
 desire to attend the common schools of his or its corpo- 
 ration, as in his, or its opinion would be otherwise 
 
 Proviso. unable to attend such schools : Provided, That no Town- 
 
 ship Trustee in this State shall receive an amount ex- 
 ceeding five dollars as compensation for his services in 
 any one year for duties performed in carrying out the 
 provisions of this act, or the act to which it is supple- 
 mental. » 
 
OF INDIANA. 
 
 11 
 
 Sec. 5. When books are fully paid for out of the Books paid for 
 funds of a school corporation as provided in section 3 of 
 this act, it shall not be necessary for the Township 
 Trustee or School Board of such corporation to make 
 quarterly reports of the sale of the adopted books, but 
 instead thereof a report shall in all cases be made by 
 him, or it, upon oath on the first Monday of August in 
 each year to the County Superintendent, and like report 
 upon oath shall at the same time be made to the Board 
 of Commissioners of the county, which report shall Report of 
 severally state the number and kind of books on hand money use \' 
 at last report •; the number and kind sold ; the number 
 then on hand ; the disposition of the money received on 
 such sales; the amount of money used from any school 
 fund in payment for books received ; and the condition 
 of such funds. Such reports shall also state the number 
 and kind of books furnished as provided in section 4 of 
 this act; for the price of which books so furnished the 
 Township Trustee or School Board furnishing the same 
 shall have credit. 
 
 Sec. 6. The sum of one thousand dollars is hereby Appropriation 
 appropriated out of the general fund in the State Treas- 
 ury to enable the Board of School Commissioners men- 
 tioned in Section 1 of this act to advertise for bids as in 
 said section provided. 
 
 Sec 7. Any Township Trustee or member of a School Faiim-eito 
 Board receiving or being in possession of any moneys reporttnoney ' 
 which at the end of the next quarter should be turned 
 over to the County Superintendent to pay a contractor 
 for books sold which have not been paid for out of the 
 funds of the corporation, who shall fail to report the 
 sale of such books at the end of such next quarter, or 
 who shall fail to pay therewith the full proceeds thereof 
 to the County Superintendent, or so much thereof as 
 may be necessary to fully pay the contractor, shall be 
 liable, after demand upon him, to a suit on his official 
 bond, brought on the relation of the County Superin-Suit. 
 tendent, whose duty it shall be to bring the action for 
 the amount due from him, and damages, if any, and 
 any judgment which shall be rendered in favor of the 
 plaintiff in the action shall contain a reasonable attor- 
 ney's fee and shall be payable without relief from valu- 
 ation or appraisement laws. The same liability upon Liability on 
 his bond shall accrue against a Township Trustee or bond - 
 member of a school board who shall refuse to pay over 
 as in this act required any moneys drawn from the 
 funds of his corporation on account of books purchased 
 or who shall fail to apply all moneys for books sold that 
 have been purchased by the corporation to the reim- 
 
12 
 
 SCHOOL BOOK LAW 
 
 Special bond. 
 
 Amount of 
 bond. 
 
 Full reports 
 required. 
 
 Failure to 
 report. 
 
 bursement of the proper fund. Any judgment rendered 
 against a Township Trustee, School Board, or member 
 of a School Board because of the nonperformance of 
 any duty, shall include a reasonable fee for the plaint- 
 iff's attorney. 
 
 Sec. 8. It shall be the duty of each County School 
 Superintendent of this State within thirty days from 
 the taking effect of this act, and of each County School 
 Superintendent hereafter elected, before he enters upon 
 the discharge of his official duties to execute a special 
 bond with at least two freehold sureties of his county, 
 payable to the State of IndiaDa, conditioned that he 
 will faithfully and honestly perform all the duties re- 
 quired of him by law, and account for and pay over all 
 moneys which may come into his hands pursuant to law, 
 in a penal sum which shall be equal to one hundred dollars 
 for every thousand inhabitants of his county, as shown by 
 the last census immediately preceding the giving of such 
 bond, which bond shall be executed to the approval of 
 the Board of Commissioners of his county, and upon 
 failure of any County School Superintendent to give 
 such bond, his office shall become immediately vacant 
 and the Board of Commissioners of his county shall 
 immediately appoint some competent and suitable per- 
 son to fill such vacancy for the unexpired term of his 
 office. 
 
 Sec 9. It shall be the duty of such County School 
 Superintendent within ten days after the receipt of any 
 report, or money from a Township Trustee or School 
 Board as hereinbefore provided for, to make a full, true, 
 complete and detailed report thereof to the contractor, 
 which report shall be accompanied by all cash received 
 by him from the school officers. The report above pro- 
 vided for shall be duly sworn to by the County Super- 
 intendent and a duplicate thereof shall be filed by him 
 in the office of the Auditor of his county. Upon the 
 failure of any County School Superintendent to make 
 report to the contractor and to transmit the cash as re- 
 quired by law, a right of action shall immediately ac- 
 crue to the contractor against the said County School 
 Superintendent, and the sureties upon his bond provided 
 for in this act, for an accounting and for the recovery 
 of any moneys received and not transmitted by him 
 and for any damages which may have resulted from his 
 neglect or failure to comply with the provisions of this 
 act, and any judgment upon any such bond shall include 
 a reasonable fee for the attorney prosecuting such suit, 
 and such judgment shall be without relief from valua- 
 tion or appraisement laws and shall be without stay of 
 .execution. 
 
OF INDIANA. 13 
 
 Sec. 10. Any County School Superintendent, orFaiiureto 
 Trustee of any Township or member of any school ?ount r for a °" 
 board in this State who shall fraudulently fail or refute monays - 
 at the expiration of the term for which he was elected, 
 or appointed, or at any time during such term, when 
 legally required by the proper person or authority to ac- 
 count for and deliver and pay over to such person or 
 persons as may be lawfully entitled to receive the same, 
 all moneys, or school books which may come into his 
 hands by virtue of the provisions of law shall be deemed Penalty, 
 guilty of embezzlement and upon conviction thereof 
 shall be imprisoned in the State Prison not more than 
 five nor less than one year and fined in any sum not ex- 
 ceeding one thousand dollars and rendered incapable of 
 holding any office of trust or profit for any determi- 
 nate period. 
 
 Sec. 11. The books which have been, or may here- Uniform, 
 after be adopted by the State of Indiana for use in its 
 common schools by virtue of this act, or the act men- 
 tioned in section one hereof, shall be uniformly used in 
 all the common schools of the State, in teaching the 
 branches of learning treated of in such books, and it 
 shall be the duty of the proper school officers and 
 authorities to use in such schools such books for teach- 
 ing the subjects treated in them. 
 
 Sec. 12. It shall be the duty of any person or per- Supply of 
 sons, firm or corporation who shall hereafter furnish and furnished! 8 
 supply books under the provisions of this act, or under 
 the provisions of the act of 1889, title whereof is set 
 out in the first section of this act, to ship to and to 
 notify the consignee of such shipment, and deliver 
 the books ordered by the various County Superinten- 
 dents, at such railway stations as may be most conven- 
 ient for the various Township Trustees or School 
 Board in the several counties to receive the same as 
 may be directed by the said County Superintendent. 
 And in preparing such books for such shipment it shall Preparing!! 
 be the duty of every such contractor to wrap each sev- s ,pment - 
 eral kind of books by themselves in packages of not 
 to exceed five or ten books, according to their size, each 
 such package to be securely wrapped in good substan- 
 tial paper of sufficient weight to protect the books en- 
 closed therein and to be closed at each end thereof, and 
 each package to have plainly and clearly marked or 
 printed on the outside thereof the kind and number of 
 books contained therein, and as many of such pack- 
 ages shall be enclosed in larger packages or b 
 may be safe and convenient for shipment. And upon DutyofTown- 
 the receipt of such books it shall be the duty of each ship Trustees - 
 
 2— Sch. Book Law. 
 
14 
 
 SCHOOL BOOK LAW 
 
 Labels for 
 books. 
 
 Townsihp Trustee or School Board to carefully care for 
 and protect such books until sold, and to preserve the 
 same in the original packages in which they are 
 wrapped without opening, until all copies of the same 
 books heretofore received by him or it have been sold, 
 and thereafter not to open any such package until all 
 copies contained in packages previously opened have 
 
 Proviso. been sold : Provided, If upon the opening of any such 
 package, any Township Trustee or School Board shall 
 discover that any of the books therein contained have 
 been damaged, or are defective at the time of their re- 
 ceipt by him, or it, so as to be unsalable, he, or it, shall 
 not be required to offer the same for sale, but in such 
 an event, he, or it, shall immediately notify the County 
 Superintendent of such damaged or defective book or 
 books,- who shall immediately thereafter give notice 
 thereof to the contractor furnishing the same, and there- 
 after such damaged or defective book or books shall be 
 subject to the order of the contractor.. 
 
 Sec. 13. It shall be the duty of any person or per- 
 sons,, firm or corporation who may hereafter furnish 
 and supply books under the provisions of this statute, 
 or of the act of 1889, the title whereof is set out in the 
 first section of this act, to print in large letters upon 
 the outside of the first cover of each book so furnished 
 and supplied by him or them, the name of the adopted 
 book, and upon the outside of the back cover the price at 
 which such book is furnished to be sold to pupils, under 
 such contract, and it shall be the duty of all County Su- 
 perintendents, Township Trustees, and other school offi- 
 cers, and school teachers to see that all books so furnished 
 to pupils, and bought by pupils for use in the schools 
 of the State shall bear such imprint : Provided, This 
 section shall not apply to copy books. 
 
 Sec. 14. It shall be the duty of the Superintendent 
 of Public Instruction to cause to be printed at the ex- 
 pense of the Printing Fund, and to send to each of the 
 County Superintendents as soon as possible after the 
 passage thereof, a sufficient number of copies of this act 
 to provide such Superintendent and each Township 
 Trustee and each member of a School Board in such 
 county with one copy of such act. Each County 
 Superintendent shall, at once, upon the receipt of the 
 copies intended for his county, mail or otherwise de- 
 liver to each Township Trustee and member of a School 
 Board in his county a copy of this act. 
 
 Act construed. Sec. 15. Nothing in this act shall be construed to in 
 anywise affect the act mentioned in section one of this 
 act, and the two acts shall be regarded as each supple- 
 
 Distribution 
 
 of this act. 
 
OF INDIANA. 15 
 
 meriting the other, except where this act shall provide 
 a different procedure from the first act, in which case 
 the provisions of this act shall govern. Nothing in 
 this act shall be construed as affecting or impairing any 
 contract right secured by any contractor under the act 
 mentioned in section one of this act, but all such con- 
 tracts are hereby declared to be, and are hereby made 
 binding on the State to the same extent as they would 
 have been had this act not been passed. 
 
 Sec. 16. Whereas, an emergency exists for the im- Emergency, 
 mediate taking effect of this act therefore it shall be in 
 force from and after its passage. 
 
 CERTIFICATE. 
 
 STATE OF INDIANA, \ 
 
 Office of the Secretary of State. J 88- 
 
 I, Claude Matthews, Secretary of State of the State 
 
 of Indiana, do hereby certify that the foregoing and 
 
 annexed is a full, true and complete copy of House Bill 
 
 No. 558, which passed the Fifty-seventh General As 
 
 sembly of the State of Indiana, and now on file in the 
 
 office of the Secretary of State of the State of Indiana. 
 
 In witness whereof, I have hereunto set my hand 
 
 and affixed the seal of the State of Indiana, 
 
 at the City of Indianapolis, this 16th day of 
 
 [seal.] March, A. D. 1891. 
 
 CLAUDE MATTHEWS, 
 
 Secretary of State. 
 
16 SCHOOL BOOK LAW 
 
 SUPPLEMENTAL SCHOOL BOOK LAW, APPEOVED 
 MARCH 1, 1893. 
 
 AN ACT further regulating the furnishing of books for use in the common schools 
 of the State of Indiana; authorizing Township Trustees aDd School Boards 
 in certain instances to sell such books to merchants and dealers; providing 
 for the revision of such books at the cost of the contractor when deemed neces- 
 sary by the State Board of School Book Commissioners, and their continuance 
 in use when so revised; providing for the introduction of an intermediate 
 grammar or language lessons if deemed necessary by such Board ; prescribing 
 the duties of school officers, dealers and contractors in such books; providing 
 penalties for the violation thereof ; empowering said Board to require new 
 bonds of contractors in certain cases ; making an appropriation to carry out 
 the provisions of the act, and declaring an emergency. 
 
 [Approved March 1, 1893.] 
 
 Section 1 . Be it enacted by the General Assembly of the State of 
 Indiana, That whenever the contractors, or either of them, to 
 the extent that they might be affected in their contract rights 
 under prior laws, to-wit: An act entitled "An act entitled an 
 act to create a Board of Commissioners for the purpose of 
 securing, for use in the common schools of the State of Indiana, 
 of a series of text books, defining the duties of certain officers 
 therein named with reference thereto, making appropriations 
 therefor, defining certain felonies and misdemeanors, providing 
 penalties for the violation of the provisions of said act, ' repeal- 
 ing all laws in conflict therewith and declaring an emergency,' " 
 passed by the General Assembly of the State of Indiana in the 
 year 1889, and published on page 74 of the acts of 1889; and 
 an act supplemental thereto and upon the same general subject, 
 approved March 5, 1891, shall have filed with the State Super- 
 intendent of Public Instruction an agreement in writing duly 
 executed by them, or either of them separately, consenting to 
 the operation of this act, as affecting the sale of school books 
 turnished by them, under contract with the State pursuant to 
 the provisions of existing laws, it shall then be lawful for, and 
 it is hereby made the duty of the Township Trustees and 
 School Boards of this State, to sell for cash to all merchants 
 and dealers who may apply therefor, and in sueh quantities as 
 they may require, a sufficient number of adopted school books, 
 furnished by the contractor or contractors, so consenting, to 
 
OF INDIANA. 17 
 
 supply all demands of school patrons and pupils attending the 
 common schools and residing in their immediate neighbor- 
 hoods, respectively; which books shall in no event be sold to 
 school patrons or pupils by such merchants or dealers at a price 
 in excess of the price fixed in the contract for such books 
 between the State Board of School Book Commissioners aud 
 such contractor. In making such sales, the Township Trustee 
 and School Boards shall be authorized, and it is hereby made 
 their duty to deduct ten per cent, from the contract price at 
 which such books are required by law to be sold to the school 
 patrons and school children of the State, to compensate the 
 dealer for handling and selling such books; one-half of which 
 deduction shall be borne by the contractor and one half thereof 
 by such school corporation. And hereafter no adopted books 
 shall be delivered or sold to merchauts or dealers by any 
 County School Superintendent, Township Trustee or School 
 Board, except upon the terms and conditions hereinbefore 
 specified. 
 
 Sec. 2. When sale shall be made of any books by any Town- 
 ship Trustee or School Board to any merchant or dealer, 
 pursuant to the provisions of section one of "this act, it shall be 
 the duty of such Trustee or School Board, at the end of such 
 calendar month, to make a report thereof to the County School 
 Superintendent of the number and kind of books sold, and the 
 amount of money received therefor, and the number and kind 
 of books on hand ; and at the time of making such report, to 
 pay over to the County School Superintendent all money 
 received by him or them from any such sale or sales ; and at 
 the time of making such report such Trustee or School Board 
 shall also pay to such Superintendent, for transmission to the 
 contractor, the one-half of the amount of the deduction in the 
 price of the books so sold, which last amount shall be paid out 
 of and charged to the special school fund of such school corpo- 
 ration ; and for such amount the said Trustee or School Board 
 shall take the receipt of such Superintendent. And in their 
 reports to and settlements thereafter made with the Board of 
 Commissioners of their respective counties, the said Trustees 
 and School Boards shall be entitled to full credit for the money 
 so paid out of said fund when such Superintendent's receipt is 
 tendered and filed with such reports : Provided, That when- 
 ever any Township Trustee or School Board shall have sold all 
 
18 SCHOOL BOOK LAW 
 
 books ordered by him or them, or in his or their hands for sale 
 to merchants or dealers, as herein provided, they shall not be 
 required to make quarterly reports, as now provided by law. 
 
 Sec. 3. It shall be the duty of County School Superintend- 
 ents, Township Trustees and School Boards to see that at all 
 times there are a sufficient number of books on hand, either in 
 the hands of such Superintendents, trustees or School Boards 
 respectively, or in the hands of the dealers in the different 
 neighborhoods of their respective school corporations, to sup- 
 ply the patrons and pupils of the common schools with all 
 needed books ; and nothing in this act shall be construed so as 
 to relieve them from any of the duties now imposed by law in 
 this respect. 
 
 Sec. 4. It shall be the duty of all merchants or dealers who 
 may be supplied with books by virtue of the provisions of this 
 act to furnish the Township Trustee or School Board of whom 
 such books may have been purchased and received with a de- 
 tailed statement of the number of books of each kind on hand 
 on the fifteenth day of May of each year, and at such other 
 times during the year as the same may be called for by such 
 Trustee or School »Board ; and any merchant or dealer who 
 shall refuse for the period of five days after request to do so, by 
 any Trustee or School Board entitled to receive the same, to 
 furnish such statement as above provided, shall not be entitled 
 thereafter to purchase or sell any school books under the pro- 
 visions of this act. And upon the receipt of any such report it 
 shall be the duty of such Trustee or School Board to forthwith 
 transmit a copy thereof to the County School Superintendent, 
 who shall, within ten days after the receipt of any such report, 
 transmit a copy thereof to the contractor, for which reports 
 the contractor shall furnish the necessary blanks. 
 
 Sec 5. It shall be the duty of each County School Superin- 
 tendent in this State, within ten days after receiving any report 
 or money on account of the sale of any books, from any Trustee 
 or School Board of his county, as hereinbefore provided, to 
 make a full, true and verified report to the contractor of the 
 number and kind of books so sold by the several Township 
 Trustees or School Boards of his county, and of the number 
 and kind of books on hands with the said school officers, and 
 himself, which report shall be accompanied by, all cash re- 
 ceived by him from such Trustees or School Boards on -account 
 
OF INDIANA. 19 
 
 of such sales; and he shall tile a duplicate thereof in the office 
 of the Auditor of his county. The necessary blanks for which 
 reports shall be furnished by the contractor. 
 
 Sec. 6. Upon failure of any Township Trustee, School 
 Board or County School Superintendent to perform any duty 
 or to make report of any cash received by him or them, as re- 
 quired by the provisions of this act, a right of action shall im- 
 mediately accrue to the contractor against the said officer so in 
 default, and the sureties upon his offical bond, for an account- 
 ing, and for the recovery of any money received and not trans- 
 mitted by him or them, and for any damage which may have 
 resulted from his or their neglect or failure to comply with the 
 provisions of this act; and any judgment in favor of the con- 
 tractor in any such action shall include a reasonable fee for the 
 attorney prosecuting the suit, and such judgment shall be 
 collectible without relief from valuation and appraisement laws, 
 and shall be without stay of execution. 
 
 Sec. 7. Any County School Superintendent, Township 
 Trustee or member of any School Board of this State who 
 shall fraudulently fail or refuse, at the expiration of the term 
 for which he was elected or appointed, or at any time during 
 such term, when legally required by the proper person or 
 authority, to account for and pay over to such person or per- 
 sons as may be lawfully entitled to receive the same, all money 
 or school books not previously accounted for, which may have 
 come into his hands by virtue of the provisions of this act, 
 shall be deemed guilty of embezzlement, and upon conviction 
 thereof, shall be imprisoned in the State Prison not more than 
 five years nor less than one year, and fined in any sum not ex- 
 ceeding one thousand dollars, and rendered incapable of hold- 
 ing any office of trust or profit for any determinate period. 
 
 Sec. 8. Any merchant or dealer who shall knowingly or 
 willfully charge, receive, collect or attempt to charge or collect, 
 for any school book or books by him sold to any school patron 
 or pupil, any sum in excess of the price at which such book or 
 books are required to be sold by law, shall be deemed guilty of 
 a misdemeanor, and upon conviction thereof shall be imprisoned 
 in the county jail not more than six months nor less than 
 thirty days, and fined in any sum not exceeding five hundred 
 dollars. 
 
 Sec. 9. Whenever the contractors for furnishing books for 
 
20 SCHOOL BOOK LAW 
 
 use in the common schools, under the provisions of existing 
 laws hereinbefore specified, shall have filed with the State 
 Superintendent of Public Instruction their consent, in writing, 
 to the revision or the introduction of an intermediate book, as 
 hereinafter provided, duly executed by them, and the State 
 Board of School Book Commissioners shall determine that a 
 revision is needed of any or all of the books in use in the com- 
 mon schools under contract made pursuant to law, or that an 
 intermediate grammar or language lessons is needed, then it 
 shall be lawful for the State Board of School Book Commis- 
 sioners to order a revision to be made of any or all of such 
 books as in their judgment may be found necessary for the 
 welfare of the common schools of the State, in the manner and 
 under the conditions following: 
 
 The said Board of School Book Commissioners shall select a 
 competent author or authors to perform the w T ork of revision 
 of the subject matter of such book or books so ordered to be 
 revised. The entire cost of such revision, including the man- 
 uscript, illustrations, engravings, maps and plates therefor 
 shall be paid by the contractor or contractors who may at the 
 time of such revision be required to furnish such book or books 
 under their contract with the State. The cost and expense, 
 however, of such- revision shall first be agreed upon by the 
 State Board ot School Book Commissioners and the contractor 
 or contractors before such work of revision is commenced : 
 Provided, If said Board and contractor or contractors shall, for 
 a period of sixty days after an estimate of the cost of any pro- 
 posed revision has been furnished by such State Board to the 
 contractor, be unable to agree upon an amount, which in the 
 opinion of such State Board, would be necessary to cover the 
 cost of any such revision, then the said State Board may adver- 
 tise for bids from publishers of school books for furnishing any 
 such book or books, the cost of revision of which could not be 
 agreed upon ; and in such advertisement, selecting and con- 
 tracting for such book or books, the said Board shall be gov- 
 erned by the provisions of laws now in force respecting such 
 matters. 
 
 Sec. 10. Whenever the revision of any book or series of 
 books shall be determined upon by the State Board of School 
 Book Commissioners, and they shall have contracted with an 
 author or authors to furnish the manuscript for such revision, 
 
OF INDIANA. 21 
 
 sufficient time shall be given to the author in which to perform 
 the work of revising the subject matter of such book to the 
 acceptance and satisfaction of such Board, and when the revis- 
 ion of the subject matter of any such book is completed by 
 the author and the manuscript thereof furnished to the con- 
 tractor, at least six months' time shall be given the contractor 
 in which to make the necessary illustrations, engravings, maps 
 and plates, manufacture and ship the books to the various 
 school corporations of the State before any such contractor 
 shall be required to furnish any such book or series of books so 
 revised for use in the schools of the State under his contract. 
 And no new book, or revised book, or series of books shall be 
 introduced for use in the schools of the State at any time by 
 virtue of the provisions of this act until the State Board of 
 School Book Commissioners shall have given notice to the 
 County Superintendents, Township Trustees and School Boards 
 of the State by printed notice mailed to each of said schcol 
 officers, last above named, at least twelve months in advance of 
 the time when such book or series of books are to be used in 
 the public schools, and like notice shall be given by said County 
 Superintendents, Trustees and School Boards to all merchants 
 and dealers in their respective school corporations, who may 
 be selling the adopted books. And it shall be the duty of the 
 State Superintendent of Public Instruction and the County 
 Superintendents of each county to scale down to the minimum 
 number all requisitions for school books, which, may be made 
 after such notice is given, thereby enabling all Township Trus- 
 tees, School Boards and dealers to dispose of the stocks of books 
 in their hands ; but no dealer shall buy or carry on hand at 
 any time more books than are actually needed to supply the 
 demands therefor for the purpose or with the intent of 
 preventing the introduction of any new or revised book, ac- 
 cording to the spirit of this act. And for the purpose of 
 enabling the State Superintendent of Public Instruction 
 to determine when any requisitions should be scaled 
 down in anticipation of the expiration of any existing 
 contract, it shall be the duty of the contractor to furnish to said 
 State Superintendent a copy of the quarterly verified reports 
 made by County Superintendents to the contractor, giving the 
 number and kind of books on hand with the various dealers 
 and Township Trustees and School Boards of their respective 
 
22 SCHOOL BOOK LAW 
 
 counties; and at the expiration of such notice such book or 
 books shall only be required to be introduced in the schools as 
 new classes in the study of such branches are being formed, 
 and all classes in such study or studies who, at the time of the 
 expiration of the term of such notice, shall have purchased 
 books for use in such classes, shall be allowed time to complete 
 such books before being compelled to buy new or revised books. 
 And at the expiration of any contract now in existence, or 
 which may hereafter be made by the State Board of School 
 Book Commissioners for furnishing books for use in the com- 
 mon schools of the State of Indiana, the books then in use in 
 the common schools of this State under such contract or con- 
 tracts shall be continued in use therein at the same price and 
 upon the same terms and conditions until such time or times as 
 the State Board of School Book Commissioners shall determine 
 that a revision thereof is necessary for the best interests of the 
 schools, when such revision shall be made or a new book con- 
 tracted for and introduced for use in the schools as herein- 
 before specified : Provided, That at the expiration of any 
 such contract, the State Board of School Book Commission- 
 ers shall require such contractor or contractors furnishing 
 such books to execute a new bond, conditioned that they 
 will continue to execute such contract in all regards as 
 they had theretofore executed the original contract : Provided, 
 Jurther, That nothing herein contained shad be construed 
 as restraining or preventing said State Board of School 
 Book Commissioners, after any such school book or any such 
 revised book shall have been in use in the schools of the State 
 for a period of five years from proposing to the contractor 
 furnishing the same, such reduction in the price at which such 
 book or revised book shall be continued in use in the schools 
 for the next ensuing five years, as in the judgment of said 
 Board may seem reasonable. If such contractor shall accede 
 to such proposed reduction, then the price of such book or 
 revised book shall for such ensuing period of five years be fixed 
 at the original contract price thereof less the amount of the 
 reduction so agreed upon, and such price shall be printed on 
 the back of said book as now required by law. In event said 
 contractor shall not be willing to accede to such terms, the said 
 Board may appoint a disinterested person, conversant with 
 such matters, and require the said contractor to select another 
 
OF INDIANA. 23 
 
 such person and the two so chosen shall select a third, and 
 thereupon the three so chosen shall inquire into and consider 
 what, if any, reduction ought to be made in the price at which 
 such book or revised book should be furnished for use in the 
 schools of the State for the next ensuing period of five years, 
 and if they shall determine that any such reduction ought to 
 be made, they shall fix the amount of such reduction and shall 
 certify to the said Board and to such contractor their determ- 
 ination in that behalf, and thereupon if said contractor shall 
 accede to the price thus arrive at, the price of said book for 
 the next ensuing five years shall be fixed at that sum and the 
 same shall be printed on the back of such books as now pro- 
 vided by law, and said contractor shall be required to furnish 
 the same at such price, but otherwise in all regards under the 
 provisions of this act and acts to which it is supplemental. But if 
 such contractor shall decline to accede to such price thus arrived 
 at, then such Board shall have the right in their discretion to 
 proceed to advertise for bids to furnish a book in the place 
 thereof; and in so doing, and in all subsequent steps therein, 
 they shall proceed in accordance with the provisions of this 
 act and of the acts to which it is supplemental: And provided, 
 further, That nothing in this act contained shall be construed 
 to prevent the State Board of School Book Commissioners 
 from exercising their discretion in deciding whether they shall 
 order any of the books already in use under coutract to be 
 revised, or whether, instead, they shall advertise for books to 
 be adopted instead of said books already in use. 
 
 Sec. 11. If, in the opinion of the State Board of School 
 Book Commissioners, an intermediate grammar or language 
 lessons is needed for the better teaching of such branch of 
 study, instead of a revision of the series of grammars now in 
 use, it sball then be lawful for such Board to provide for such 
 intermediate book, and for that purpose shall proceed, as now 
 provided by law, to advertise for proposals to furnish such 
 book, requiring bond in such sum as they deem sufficient to 
 insure the compliance with such proposals, consider such pro- 
 posals and contract for such book : Provided, however, That 
 such intermediate grammar shall be equal in quality as to mate- 
 rial, style of binding and mechanical execution to Long's 
 Lessons in English, and in subject matter shall embrace not 
 less than 110 pages, and shall be adapted to follow in sequence 
 
24 SCHOOL BOOK LAW 
 
 to that of the Language Lessons book of said series now in use, 
 and to be properly introductory to the matter contained in the 
 complete book of the series as now adopted ; and if revision of 
 the grammar now in use should be determined upon by the 
 State Board of School Book Commissioners, then such modifi- 
 cation shall be made of each or either of the books now con- 
 stituting said course in grammar as shall adapt them more per- 
 fectly to use in the same series, and as shall cover more per- 
 fectly the entire subject matter necessary to a complete educa- 
 tion in this branch of learning. And said intermediate gram- 
 mars shall not be sold to patrons or pupils of the public schools 
 of this State at a price above or in excess of twenty cents each. 
 
 Sec. 12. For the purpose of determining what book or 
 books, if any, may need revision, or whether an intermediate 
 grammar is needed, the State Board of School Book Commis- 
 sioners shall meet on the first Monday of April, 1893, and shall 
 then and there make such inquiry and examination of the books 
 then in use under contract with the State as shall enable them 
 to determine upon the propriety of ordering any such revision 
 or intermediate book or Language Lessons. And such Board 
 shall, within sixty days thereafter, determine and give notice 
 to the contractors of any and all revisions that shall be required 
 to be made before the time of the expiration of the existing 
 contract for any such book or books. 
 
 Sec. 13. In no case shall a revision of any book or books be 
 required by the State Board of School Book Commissioners 
 oftener than every five years, except in geographies and his- 
 tories, which said mentioned books may be ordered to be re- 
 vised as often as in the opinion of the said Board shall be nec- 
 essary to keep said books accurate and modern in all matters 
 pertaining to those branches of study. 
 
 Sec. 14. Whenever any book or series of books shall be re- 
 vised by order of the State Board of School Commissioners such 
 book or books, when completed and ready for use in the schools, 
 shall be equal in every respect to the standard now fixed by 
 law, as to subject matter, material, style of binding and mechan- 
 ical execution. And said State Board, when contracting for 
 any such revision, shall require the contractor or contractors to 
 enter into a written agreement for the furnishing of such books, 
 and to execute bond with resident freehold sureties to the ac- 
 ceptance of the Governor of this State for the faithful compli- 
 
OF INDIANA. 25 
 
 ance with their contract, such bond to be in such amount as 
 said Board shall deem sufficient for the purposes contemplated. 
 
 Sec. 15. The sum of one thousand dollars is hereby appropri- 
 ated out of any funds in the State Treasury not otherwise ap- 
 propriated for the purpose of paying costs and expenses inci- 
 dent to the giving of notices herein provided for by said State 
 Board of School Book Commissioners, and to pay the expenses 
 of the State Superintendent of Public Instruction incurred in 
 the distribution of this act, and of the acts to which this is 
 supplemental, as herein required, and to carry out the pro- 
 visions of this act. 
 
 Sec 16. If at any time the State Board of School Book 
 Commissioners shall find that the bond of any contractor, 
 contracting to furnish books for use in the common schools of 
 the State of Indiana, under this act, or the acts to which it is 
 supplemental, has become insufficient to secure the faithful 
 performance of such contract, or from any other reason be- 
 come inoperative, they #hall have the right to require such 
 contractor to execute a new and sufficient bond to secure the 
 faithful execution of such contract. And upon failure of any 
 such contractor to furnish such new bond within thirty days 
 after being so required by said Board, the said Board shall 
 give notice thereof to the Attorney-General of the State of 
 Indiana, who shall immediately upon receipt of such notice 
 bring suit to procure the cancellation of such contract of such 
 contractor so refusing. And service of summons in such cause 
 upon the agent of such contractor in the State of indiana shall 
 be deemed and held to be sufficient service upon the con- 
 tractor; and in such case the Attorney-General shall receive a 
 reasonable fee for the prosecuting of such action. 
 
 Sec. 17. It shall be the duty of the State Superintendent of 
 Public Instruction, immediately upon the passage of this act, 
 to cause to be printed a sufficient number of copies thereof, as 
 well also of the acts referred to in the first section hereof, to 
 furnish each County Superintendent, School Trustee and mem- 
 ber of School Boards in the State of Indiana, with one copy 
 thereof, and promptly to distribute the same to such school 
 officers through the County Superintendents. 
 
 Sec 18. This act shall be construed as supplementary to the 
 acts referred to in the first section hereof, and said former acts 
 are continued in full force and effect, except so far as modified 
 by the provisions of this act. 
 
26 SCHOOL BOOK LAW. 
 
 Sec. 19. Whereas, an emergency exists for the immediate 
 taking effect of this act, therefore it shall be in force and effect 
 from and after its passage. 
 
 CERTIFICATE. 
 
 STATE OF INDIANA, 
 
 Office of the Secretary of State ' 
 
 I, William R. Myers, Secretary of State of the State of In- 
 diana, do hereby certify that the foregoing and annexed is a 
 full, true and complete copy of Enrolled Act No. 321, Senate, 
 as the same was passed by the Eifty-eighth General Assembly 
 of the State of Indiana. 
 
 Iu witness whereof, I have hereunto set my hand and affixed 
 the seal of the State of Indiana, at the City of Indianapolis, 
 this 16th day of March, A. D., 1893. 
 
 /,—*—%■» W. R. MYERS, 
 
 | SEAL I Secretary of State. 
 
LIBRARY OF CONGRESS