Canvass of re

turns.

Time and place of elections.

Women may

vote.

election, or any of them, in the discharge of their duties, such person shall be arrested, and on conviction thereof shall be fined not less than one ($1) dollar nor more than fifty ($50) dollars, and, in addition thereto, may, in the discretion of the court, be imprisoned not to exceed thirty (30) days for every such offense.

10. That the board of education shall hold a meeting at the hour of 8 P. M. of the Monday succeeding any election provided for in this act, at which time the secretary of the board, in the presence of the board and two disinterested electors, shall open the election returns, and the board shall thereupon canvass the same and declare the result of the election as shown thereby, and the secretary of the board shall issue certificates of election to such persons as may be declared elected members of the board of education.

11. Elections provided for by this act, other than elections for members of the board of education, may be held at any time or place in such metropolitan city decided on by a vote of all the members of the board; Provided, That at all elections held under this act there shall be one polling place in each election district of the city comprised within the school district.

12. At elections for members of the board of education women may vote after taking the following oath, to be administered by one of the judges of election:

"You do solemnly swear (or affirm) that you are twenty-one (21) years of age; that you have resided in this school district for forty (40) days last past; that you own real property in the district or personal

property that was assessed in your name at the last assessment, or have children of school age residing in the district, so help you God."

names are not

13. Any person offering to vote whose name is Voters whose not found on two of said registers shall furnish to on registers. the said judges of election his affidavit, subscribed and sworn to before the secretary of the board of education or before the city clerk or some person designated therefor by the mayor of any city comprised within the school district, giving his reason for not appearing before the supervisors of registration on any day of registration or revision of registration and shall also set forth in said affidavit his place of residence and the facts necessary to show that he is a qualified voter in said election district, and shall prove before said judges, by the affidavit on oath of at least two freeholders, residents of said election districts in which he offers his vote for at least one year immediately preceding said election, that they know such person to be an inhabitant and qualified voter of said precinct, and upon filing said affidavit with said judges, and making the proof herein required, such person shall be entitled to vote. Any person offering to vote at any election herein provided for may be challenged and the same oaths shall be put as are provided in the general election law.

clause.

SEC. 30. That all acts and parts of acts incon- Repealing sistent with this act (including an act of the legislature of the state of Nebraska, entitled "An act relative to public schools in metropolitan cities," approved March 31, 1887, and all acts amendatory thereof, be and the same are hereby repealed.

Emergency.

SEC. 31. Whereas an emergency exists, this act shall take effect on and after its passage.

Approved April 7, 1891.

[House Roll No. 272.]

CHAPTER 46.

School boards to purchase text-books.

AN ACT to provide cheaper text-books, and for district ownership of the same.

Be it enacted by the Legislature of the State of
Nebraska:

SECTION 1. District school boards and boards of trustees of high school districts, and boards of education in cities of the first and second class, are hereby empowered and it is made their duty to purchase all text-books necessary for the schools of such district, and they are further authorized to Contracts for. enter into contract, as hereinafter provided, with the publishers of such books, for a term of years not to exceed five (5); Provided, That the contract prices of such books shall not exceed the lowest price then granted to any dealer, state, county, township, school district, or other individual, or corporation in the United States, to be determined as hereinafter provided; And provided further, That such contract shall guarantee to such districts any further reduction that may be granted elsewhere during the life of such contract.

Bond and statement of publisher.

SEC. 2. Before any publisher of school books shall be permitted to enter into contract with any school district under the provisions of this act, he shall file with the state superintendent of public instruction, to be approved by him, a good and

sufficient bond in the sum of two thousand ($2,000) to twenty thousand ($20,000) dollars, for the faithful performance of the conditions of such contracts, and the observance of the requirements of this act, and such publisher shall also file with the state superintendent of public instruction a sworn statement of the lowest prices for which his series of text-books are sold anywhere in the United States, and a failure to file such bond and sworn statement of prices shall be a good and valid defense on the part of the district against payment for any books that may be sold by such publisher prior to the date of filing such bond and sworn statement of prices, and all such contracts to which such publisher is a party, made subsequent to the passage of this act, and prior to filing such bond and sworn statement of prices, shall be null and void.

books.

SEC. 3. For the purpose of paying for school Paying for books, the school district officers may draw an order on the county or township treasurer for the amount of school books ordered.

orders.

SEC. 4. The county or township treasurer shall Payment of pay orders, drawn by school district officers for the purchase of school books, out of any funds in his hands belonging to the district, except the money received from that derived from the teachers' fund.

and trusts.

SEC. 5. Any contract entered into under the Combinations provisions of this act with any publisher who shall hereafter become a party to any combination or trust for the purpose of raising the price of school text-books shall, at the wish of the school board of the district using such books, become null and void.

of statements

SEC. 6. The state superintendent of public in- Certified copies struction shall, within thirty (30) days after the of prices.

Form of contract.

Violation of contract by publisher.

Ownership and use of books.

filing of the herein before mentioned sworn statement of prices of text-books, have the same printed and forward a sufficient number of certified copies of the same to each of the county superintendents of the state to furnish all the school districts of such county with one copy each; and the county superintendent shall, immediately after receiving said certified copies of prices of books, send or deliver one of such certified copies to the director or secretary of each school district or board of education in such county, to be filed as a part of the records of such district; and he shall also file one of said certified copies of prices in his office as a part of the records of said office.

SEC. 7. It shall be the duty of the state superintendent of public instruction to prepare and have printed a form of contract between district boards and publishers of school books, and to furnish the same, through the county superintendent, to the several district boards of the state; and no other form of contract shall be used by such district boards and publishers in carrying out the provisions of this act.

SEC. 8. Upon the filing of a written complaint with the state superintendent of public instruction by the officers of any district board, charging any publisher with violating the conditions of such contract as herein before mentioned, the attorney general is hereby instructed, and it shall be his duty, to investigate the same, and if he finds probable cause for action, he shall immediately begin proceedings in the name of the state to enforce the liability on the bond herein before mentioned.

SEC. 9.

All books purchased by district boards,