be the duty of said Treasurer to return to such contractor the cash deposit made by him; and the said State School Book Commission, through its secretary, shall also inform the Treasurer of the State of the names of the unsuccessful bidders, and the Treasurer shall, upon receipt of such notice, return to such unsuccessful bidders the amounts deposited by them respectively at the time of the submission of their bids. Should any person or persons, firm or corporation, fail or refuse to execute the contract submitted therewith, the bond as required by this act within thirty days after awarding the contract to him and of the mailing of the registered letter containing notice of such award, the said deposit shall be forfeited to the Commonwealth of Kentucky, and it shall be the duty of the Treasurer when the same is forfeited to place such cash deposit in the Treasury of the State to the credit of the school fund; and said State School Bock Commission shall select and contract for other books to take the place of those whose publishers so failed to contract to furnish; and provided, further, that any recovery had of any bond given by any contractor shall enure to the benefit of the school fund of the State, and when collected shall be placed in the treasury to the credit of the School fund to be prorated among the several counties.

§ 7. It shall be the duty of the contractors under the provisions of this act if required by the State School Book Commission to establish and maintain in some city in this State a depository where a stock of their books sufficient to supply all demands shall be kept. It shall be the duty of the County School Book Commis sion in each county to select two or more agents or dealers in such county to supply the patrons and pupils the books herein provided for. The County Superintendent of Public Instruction shall see that such agents or

1

Uniform price.

Contracts made

of this act.

dealers shall comply with the terms and provisions of this act, shall report to the State School Book Commission any violations or inefficiencies of said agents or dealers, and shall under the orders of said Commission, select other or additional agents or dealers for the distribution of books to said patrons or pupils; but the contractor shall also be permitted to make arrangements with merchants or others in the handling and distribution of their books. Any patron or pupil may order any book or books desired of the contractor who publishes them and said contractor shall on receipt of the retail price thereof send by mail or express prepaid the book or books so ordered; all the books shall be sold to the consumer at the retail price printed on the back of said book or books, and any local agent or dealer, clerk or other person handling or selling the books adopted under this act who shall ask or receive for any book of the State series herein provided for more than the said retail price shall be guilty of misdemeanor, and upon conviction for each offense be punished by fine of not less than fifty dollars nor more than one hundred dollars. Contractors supplying books under contract as herein provided shall have plainly printed on the back of each book in connection with the retail and exchange prices herein before provided, the following notice: "To the Public: The prices printed herein are fixed by State contract, and any higher prices are unlawful; any deviation therefrom should be reported to your County Superintendent or to the State School Book Commission at Frankfort."

§ 8. As soon as the State School Book Commission before the passage shall have entered into contract or contracts for all books required under this act, it shall be the duty of the Superintendent of Public Instruction of this Commonwealth to issue a circular containing all necessary in

formation relative to the introduction, exchange and use of text books as provided in this act, and shall di rect the County Superintendents from time to time relative to the operations and applications of the same in their respective counties. The Governor shall issue his proclamation upon the completion of the contracts and acceptance of the bonds as hereinbefore provided, announcing the facts to the people of this Commonwealth, and shall in said proclamation name a date on which all common schools in this Commonwealth not under existing contract as hereinbefore provided, shall conform to the course of text books provided by the terms of this Act and the contracts herein mentioned, provided that said date shall be within six months after the signing of said contract for said books as herein provided, and shall apply to counties having existing school book contract immediately after expiration of such county school book contract.

ject to indictment for any violation.

§ 9. Each member composing the State School Commissioners subBook Commission shall be subject to indictment in any circuit court having jurisdiction in this Commonwealth for any violation of any of the provisions as set out in this act, and upon conviction be fined in any sum not less than five hundred dollars nor more than one thousand dollars, and imprisoned not less than thirty days nor more than ninety days and forfeit his office.

sioners, neglect of

§ 10. Any member of the County School Book County commisCommission who shall fail or refuse to enforce the pro- duty. visions of this act shall be guilty of a misdemeanor, and on conviction shall be fined not less than one hundred dollars nor more than five hundred dollars. Any teacher in the common schools who permits the use of any other books than such as allowed by the provisions of this act shall not receive any salary so long as such violation of this act continues. Once every five years

$1,000 appropri

ated.

Contractor prohibited from subscribing to any campaign fund.

after the first selection of school text books as herein provided the State and County School Book Commissions shall proceed as herein directed to select books for the purposes and in the manner hereby provided. Provided that the State adoption made five years after the time when this act becomes a law shall apply to every county in the State.

§ 11. The sum of one thousand dollars or so much thereof as may be necessary is hereby appropriated for the purpose of defraying the costs of advertising as herein provided and such other legitimate expenses as the School Book Commission may incur in carrying this act into effect. And the bills for such expenses shall be approved by the said State Book Commission and presented in the usual way for payment out of the treasury.

$ 12. All laws or parts of laws in conflict with the provisions of this act are hereby repealed.

§ 13. Any corporation, firm, partnership or individual under contract with the State to furnish school books under the provisions of this act shall not, directly or indirectly, contribute any money or thing of value to the campaign fund of any political party, or to the campaign fund of any person who is a candidate for office in this State, or in any county thereof, or to the campaign fund of any person who is a candidate for the nomination for an office, and for violation of this section such corporation, firm, partnership or individual shall be guilty of a misdemeanor, and upon conviction shall be fined not less than one thousand dollars nor more than three thousand dollars in the discretion of the jury, and such acts shall also be a breach of their bond made with the State, and the venue of the action shall be within any county in the State where said violation of this section is committed, or in the Franklin

Circuit Court; and the State School Book Commission, or any one of the County School Book Commissions in the county where the offense is committed shall have the right to prosecute an action for the breach of said bond, and the fund recovered for the breach herein shall be turned over to the Treasurer of the State of Kentucky for the benefit of the common schools of Kentucky.

§ 14. Any corporation, firm, partnership or individual that shall contribute any money or thing of value to the campaign fund of any political party, or to the campaign fund of any person who is a candidate. for an office in this State, or in any county thereof, or shall contribute to the campaign fund of any person who is a candidate for the nomination for an office at any time after the passage of this act shall not be awarded a contract for the furnishing of school books under the provisions of this act, and it shall be the duty of the State School Book Commission to require of bidders for the school book contract to make an affidavit that this section of this act has not been violated by such bidder, but in the event this section of this act has been violated by any bidder, the bid of such bidder shall not be considered in awarding the contract.

Affidavit required of contractor.

§ 15. It shall be the duty of any individual firm, Agents required. company or corporation securing contracts under the provisions of this act to select or appoint as many agents in each county through which the books provided for shall be supplied, as may be required by the County School Book Commission.

§ 16. It being important to have the provisions of the uniform system of common school books for use in the State to become operative in its public schools at as early a date as possible to benefit thereby, the people, an emergency is declared to exist, and therefore this