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salary after date of such filing and until his services terminate. Provided, that no deputy shall be employed or paid under the provisions of this section unless the county superintendent shall at the same time devote his whole time to the duties of the office.

Section 3. All Acts and parts of Acts in conflict with this Act are hereby repealed.

Approved March 12, 1921.

CHAPTER 209.

(S. B. 87.)

RELATING TO ANNUAL TAX LEVY,

AN ACT Entitled, An Act to Amend Section 7499 of the South Dakota Revised Code of 1919, Relating to Tax Levies in School Districts and to the Maintenance of a School in Each Common School District.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 7499 of the South Dakota Revised Code of 1919 be and the same is hereby amended to read as follows:

Section 7499. Annual Meeting of Board, Tax Levy.] At the annual meeting of the school district board in July of each year, it shall be the duty of the Clerk and the Treasurer to read their respective annual reports and the board shall verify them as herein provided. And such board by resolution shall levy such tax as the patrons shall have directed at the annual election, but it shall not be less than two mills nor more than fifteen mills on the dollar of the assessed valuation of the taxable property of the district. If any school district fails to hold in any school year at least eight months of school in any school house in the district, providing no legal discontinuance be had, it shall be the duty of the county superintendent to notify the county treasurer of all monies due such district from the apportionment fund (for the semi-annual term ended the 30th day of June of the preceding year,) which amount shall remain to the credit of such district and no warrant shall be drawn therefor until such district shall have complied with the law, unless the district board made provision for the instruction of the pupils for the required time in some other school. In case of failure in any district to levy a tax sufficient to support a school for the number of months above named, or in case of a levy below the minimum tax herein provided, the board of county commissioners shall levy a tax on the property of the district sufficient for these purposes; provided, that in case any district board shall fail or neglect to engage a duly certified teacher and suitably provide for the maintenance of and maintain a school for at least eight months in any one year, ending the first day of October, in any schoolhouse in the district, no legal discontinuance being authorized, and shall fail to provide reasonable school facilities for all the children of school age in the district, the Superintendent of Public Instruction may, in his discretion, instruct the county superintendent to enter into a contract with a qualified teacher for such school, which contract so made shall be of the same force and effect as a contract made by the district board, and the teacher employed thereunder shall be paid out of the funds belonging to the school district and the school board shall issue warrants for the payment of the salary of such teacher. Section 2. All Acts and parts of Acts in conflict with this Act are hereby repealed.

Approved March 1, 1921.

CHAPTER 210.

(S. B. 51.)

RELATING TO OATH OF ALLEGIANCE BY TEACHERS.

AN ACT Entitled, An Act Relating to Teachers' Certificates, Requiring an Oath of Allegiance from Teachers, Prohibiting Disloyalty on the Part of Teachers, and Declaring an Emergency.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That no teacher's certificate of any grade shall hereafter be issued in this state unless the applicant shall first take and subscribe an oath to support the Constitution of the United States and of the State of South Dakota, which shall be kept on file in the office of the Superintendent of Public Instruction.

Section 2. No teacher shall hereafter be employed in any private, parochial or public school, or in any other educational institution within this state who shall not have taken and subscribed an oath of allegiance as required in Section one hereof, either preliminary to the issuance of this teacher's certificate or at the time of his employment; in the latter case such oath shall be attached to and become a part of his contract of employment.

Section 3. No school board or officer shall hereafter employ as a teacher any person who shall refuse to take the oath of allegiance hereinbefore provided for.

Section 4. Any teacher who shall have publicly reviled, ridiculed or otherwise spoken or acted with disrespect and contumacy towards the flag of the United States or its official uniforms or insignia, or towards the system of government of the United States and its Constitution, or shall refuse to take and subscribe the oath of allegiance hereinbefore required shall thereafter forever be disqualified to teach in any public or private school within this state, and the certificate of any such teacher shall be revoked by the superintendent of public instruction upon satisfactory proof of the commission of any such offense.

Section 5. Whereas, this Act is necessary for the immediate preservation of the public safety and for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

Approved February 8, 1921.

CHAPTER 211.

(S. B. 286.)

RELATING TO TRAINING OF TEACHERS.

AN ACT Entitled, An Act Amending Section 1 of Chapter 182 of the Session Laws of 1919, Relating to the Training of Teachers for the Common Schools of the State of South Dakota.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 1 of Chapter 182 of the Session Laws of 1919 be amended to read as follows:

Section 1. The Superintendent of Public Instruction is hereby authorized to apportion state aid to high schools which shall maintain a Normal Department for the training of teachers with special reference to work in the rural schools of the state. All allotments of state, aid to high schools under the provisions of this Act shall be paid out of the funds of the Department of Public Instruction, appropriated as state aid for such purposes. The amount of state aid apportioned to any high school shall not exceed the sum of One Thousand ($1,000.00) Dollars per annum. Provided, that any unexpended balance remaining in the fund already appropriated as provided in Chapter 182 of the Session Laws of 1919 shall not revert to the general fund but shall be carried forward into the state aid funds of the Department of Public Instruction provided for the beinnium ending June 30, 1923. Provided further, that this Act shall not be construed as repealing any appropriation made in Chapter 182 of the Session Laws of 1919 for the fiscal year ending June 30, 1921.

Section 2. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this act shall be in full force and effect from and after its passage and approval. Approved March 12, 1921.

CHAPTER 212.

(S. B. 95.)

RELATING TO TEXT BOOKS.

AN ACT Entitled, An Act to Amend Sections 7618, 7619, 7620, 7621, 7622, 7629 and 7630 of the South Dakota Revised Code of 1919, Relating to County Text Book Committee, and for the Repeal of Sections 7623, 7624, 7625, 7627 and 7628 of the South Dakota Revised Code of 1919.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Sections 7618, 7619, 7620, 7621, 7622, 7629 and 7630 of the South Dakota Revised Code of 1919 be, and the same are, hereby amended to read as follows: And that sections 7623, 7624, 7625, 7627 and 7628 of the South Dakota Revised Code of 1919 are hereby repealed.

Section 7618. County Text Book Committee.] The County Superintendent of Schools, the Chairman of the Board of County Commissioners, the County Auditor and two rural teachers who are permanent residents of the county, to be selected by the Board of County Commissioners at their regular meeting in April shall constitute a County Text Book Committee for the purpose of selecting and adopting all the text books needed for use in the public schools of the county, except as otherwise provided herein. The County Superintendent of Schools shall be the chairman of said committee, and the County Auditor shall be the secretary, and a majority of such committee shall constitute a quorum for the transaction of business.

Section 7619. Meeting of Committee.] Such committee shall meet at the office of the County Superintendent of Schools on the second Tuesday of June, 1922, and every five years thereafter, and select and adopt a complete series of school text books to be used in the schools of the county: Provided, nothing in this article shall be construed to

prevent any County Text Book Committee from selecting a series of text books from two or more publishers. The County Text Book Committee shall advertise for twenty days in the official newspapers published in each county that at a time and place named in the notice said committee will receive sealed bids for furnishing school books to the pupils of the public schools of the county as provided in this article for a term of five years.

Section 7620. Selecting Text Books.] Before selecting and adopting school text books in accordance with the provisions of this article it shall be the duty of such committee to take into consideration the books used in the county, and all books submitted by the publishers, and to most carefully consider the price, the type, the material and the binding and other items that go to make up a desirable text book, and no text book shall be adopted the price of which is above the contract or wholesale price at which such books shall have been furnished to any other state, county or school corporation in the United States during the year previous to such adoption, and should any publisher reduce the contract price of books to any school corporation within the United States below the contract price entered into by such text book committee, such publisher shall reduce the price acordingly to each school corporation within the State of South Dakota.

Section 7621. Notice of Meeting.] The County Superintendent shall notify each member of the County Text Book Committee, in writing, of the time and place of meeting at least twenty days before the date of such meeting, and he shall prepare and furnish such information as shall assist the committee in acting for the best interests of the people.

Section 7622. Contract for Books.] The Board of County Commissioners shall contract with the publishers of such books as have been adopted by the County Text Book Committee, designating the price at which such books shall be furnished, and they shall pay for the books and transportation of the same, so contracted for, out of the general fund of the county on warrants signed by the County Auditor and countersigned by the Chairman of the Board of County Commissioners, and all receipts received from the sale of books to the individual school districts of the county by the County Auditor shall be credited to the general fund of the county.

Section 7629. Bribery Prohibited.] No school teacher, teaching within the county, school officer or member of any school board or committee, shall be allowed to receive any emolument, in cash or otherwise, from any publisher, or publishers, of school books in payment for a vote, or a promise to vote, or use his influence for any book or books to be used in the schools under his charge, or within the county, nor shall any agent or other person be allowed to give or offer any emolument as heretofore described, or promise of work or other inducement to any teacher, teaching within the county, school officer or member of any school board or committee for any vote, or promise to vote, or to use his influence for any book or books to be used in the schools under his charge; provided, that nothing in this section shall be construed to prevent any member of the text book committee from receiving a reasonable number of sample copies for investigation with a view to obtaining information as to the book or series of books for which such text book committeeman shall cast his vote; provided, further, that nothing in this section shall be construed to prevent any teacher from obtaining employment from any publishing house to work in any other county in the interests of such publishing house. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor.

Section 7630. The Board of Education of any Independent District maintaining a four year High-school course may adopt and purchase all text books for any such independent district for a duration of time as may be decided by such board and furnish the same to the pupils of such district free as now provided by law, and pay for same out of the special school funds of such district.

Section 2. That Sections 7623, 7624, 7625, 7627, and 7628, and all other acts and parts of acts in conflict with the provisions of this act, are hereby repealed.

Approved March 12, 1921.

CHAPTER 213.

(S. B. 160.)

RELATING TO TEXT BOOKS.

AN ACT Entitled, An Act to Amend Section 7626 of the South Dakota Revised Code of 1919, as Amended by Chapter 173 of the Session Laws of 1919.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 7626 of the South Dakota Revised Code of 1919, as amended by Chapter 173 of the Session Laws of 1919, be and the same is hereby amended to read as follows:

Section 7626. Purchase of Books.] All books for the several school districts of the county shall be purchased by the county in compliance with the contract entered into by the Board of County Commissioners and shall be paid for out of the County General Fund. The County Auditor shall be designated by the Board of County Commissioners as purchasing agent, who shall order and keep on hand a sufficient number of each text of books to supply each pupil in the schools of the county, which books shall be furnished to all pupils free of cost in the following manner: The clerk of the school district board, or the secretary of the Board of Education, in each independent district, shall ascertain what books are needed in the school, or schools, in his district from time to time and order the same from the county auditor, who shall furnish such books. Thereupon the county auditor shall charge the cost of such books to the school district ordering same and if the school district does not pay for the same at the time of ordering, the county auditor shall charge the same to the school district and deduct the amount from the first installment of the school fund money belonging to said district and give the school district credit for same.

Provided, however, that in counties where the county superintendent of schools is provided with a permanent office deputy he shall keep the office open at all times during office hours, and the superintendent shall have the custody of text books for distribution to the districts of the county, and in such distribution it shall be the duty of the county superintendent of schools to make a complete report to the county auditor each week showing in detail the books sold and delivered, showing names of persons and names or numbers of school districts receiving the same, together with number of each kind of book sold or delivered, the price of each and the aggregate amount of such sale, and if any such books are sold for cash, it shall be the duty of such County Superintendent of Schools to turn such cash over to the county auditor with cach such report, as above provided, and upon the receipt of such report the county auditor shall proceed as above provided in this section.

Approved March 12, 1921.

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