high school districts and joint union high school districts, proceedings have been taken for the purpose of issuing and selling bonds of such district, for any purpose or purposes, all the acts and proceedings of the board of trustees, board of education or other governing body of such district and all the acts and proceedings of the board of supervisors of the county within which such district is situated, leading up to and including the issuance of such bonds if they have heretofore been sold, and all such acts and proceedings heretofore had although the bonds are not yet sold, are hereby legalized, ratified, confirmed and validated to all intents and purposes, and the power of such district and of the board of supervisors of the county in which such district is situated, to issue such bonds, is hereby ratified, confirmed and declared, and the bonds heretofore sold are declared to be, and the bonds hereafter sold shall be, the legal and binding obligations of and against the district having heretofore issued, or hereafter issuing, such bonds, and the faith and credit of such district is hereby pledged for the prompt payment and redemption of the principal and interest of said bonds.

§ 2. Levy of taxes to pay interest and principal. For the purpose of paying the interest on such bonds as it becomes due and the principal thereof at maturity, the assessors, treasurers, boards of supervisors, and other officers of the respective counties, shall have the same powers and shall perform the same duties as are provided by law relative to the assessment, levy, and collection of taxes, and custody of funds, for the payment of the principal and interest of bonds or school districts and high school districts of every kind or class, respectively.

§ 3. Bonds excepted. This act shall not operate to legalize any bonds which have been sold for less than par, nor to legalize any bonds the issuance of which has not received the assent of two-thirds of the quali fied electors of such district, voting at an election held for the purpose of determining whether such indebtedness should be incurred, nor to legalize any bonds which mature at a date more than forty years from the time of their issuance.

ACT 3586h.

An act to provide for the adoption of text-books for use in the publie high schools of the state and for furnishing text-books for the use of pupils of such schools.

[Approved May 18, 1917. Stats. 1917, p. 729. In effect July 27, 1917.]

§ 1. Text-books for use in high schools. Furnished free. Payment. The high school board of each and every high school district shall adopt text-books for use in such district from a list prescribed by the state board of education. Such list shall include text-books in such high school subjects as in the judgment of the state board of education require the use of text-books; provided, that separate classics in English and modern languages need not be listed. The high school board of each and every high school district may purchase text-books for the use of pupils enrolled in the high schools of such district, which text-books shall at all times be and remain the property of such district, to be supplied to the

pupils thereof for use without charge, or at an annual rental, payable in advance, which shall not exceed three dollars for all text-books required by any pupil during any school year; provided, that after July 1, 1920, text-books shall be so supplied to pupils of the high schools without charge. Whenever a majority of the heads of families or a majority of the electors in any high school district shall petition in writing the high school board to furnish text-books free for the use of the pupils enrolled in such high school district, it shall thereafter be the duty of the high school board to furnish such text-books free for the use of such pupils. The high school board may pay for text-books furnished in accordance with the provisions of this act, out of the special fund of such high school district. All moneys collected for rental of text-books shall be deposited in the county treasury to the credit of such high school district within thirty days after collection.

§ 2. Text-books furnished free to pupils outside district. Whenever the high school board of any high school district purchases text-books for the use of pupils residing in portions of the county not included in any high school district and attending the high school of such district, and furnishes text-books free for the use of such pupils, the board may on or before August first of each year file with the county superintendent of schools of the county in which such pupils reside, a list of such pupils and an itemized statement of the amount expended for text-books for their use during the preceding school year. The county superintendent of schools shall include such amount in his estimate of the county high school fund required, and the board of supervisors shall include the amount in levying the county high school fund. Before the county superintendent of schools shall apportion any of the county high school fund on average daily attendance, he shall transfer from said fund to the fund of each of the several high school districts of the county, or draw a warrant in favor of the board of trustees of such high school district, for the amount claimed by each on account of text-books furnished free for the use of pupils residing in portions of the county not included in any high school district, and attending such high school.

§ 3. Publisher's application for listing of books. Sworn statement. All publishers desiring to offer school books for the use of pupils enrolled in the high schools of the state shall file with the state board of education at Sacramento a written application for the listing of such book or books accompanied by a fee of ten dollars for each book for which listing is applied, such sum to be deposited in the state treasury and used to defray the cost of reviewing and examining said book; also three copies of each book, together with a statement of the list price of said book as shown by the publisher's catalogue, a statement of all discounts allowed thereon when new copies of such book are purchased by or on behalf of a high school board directly from the publisher, and a statement of the lowest exchange price that will be given when old books in the same subject and of like kind and grade, but of a different series, are received in exchange; provided, that no fee shall be required to accompany the application for the listing of a book in a subject studied by less than one hundred pupils in the high schools of the state. They shall

also submit a sworn statement giving the lowest net wholesale price at which such book is sold anywhere in the United States and the maximum total discount allowed thereon to any public school board anywhere in the United States. Such sworn statements shall give the lowest exchange price given anywhere in the United States where old books in the same subject and of like kind and grade, but of a different series, are received in exchange. Such sworn statement shall also include a statement that said publisher is not directly or indirectly associated or connected with any combination in restraint of trade in text-books, and that he is not and will not become a party in any way to any understanding, agreement or combination to control prices or restrict competition in the sale of text-books for use in the state of California.

§ 4. Bond of publisher. Price at which book furnished. Uniform price. Reduction of price. Quality not to control prices. Each publisher offering one or more books for use in the high schools of the state must, after notification by the state board of education of its intention to place on the list any book or books submitted by him, and as a prerequisite for such listing, file with the state board of education a bond payable to the state of California in a sum to be determined by the state board of education, said sum for any publisher offering one or more books to be not less than one thousand dollars nor more than ten thousand dollars, the bond to be conditioned as follows: First, that the publisher will furnish said book or books offered by him and listed by the state board of education, to the high school board of any high school district in the state at the lowest net wholesale price contained in the statement filed at the time said book or books were offered, less the maximum total discount allowed thereon to any public school board according to such statement, and at the lowest exchange price given according to such statement, when old books in the same subject and of like kind and grade, but of a different series, are given in exchange, which price shall not exceed the lowest price the publisher has made for such book or books anywhere in the United States; provided, that the cost of transporting all text-books to the high school from the publisher's office or depositary in California shall be paid by the high school district, or prepaid by the publisher and then charged to the district, as the high school board may determine; second, that he will maintain said price uniformly throughout the state of California, on his book or books, listed under the provisions of this act; third, that the publisher will reduce such price automatically to purchasers within the state of California whenever reductions are made elsewhere in the United States, so that at no time shall any book so filed and listed be sold to school authorities in Califor nia at a higher net price than is received for such book elsewhere in the United States; and that upon failure or refusal of the publisher to make such reduction all contracts for such book or books shall become nuli and void; fourth, that all such books offered for sale, adoption, or exchange in the state of California shall be equal in quality to those filed in the office of the state board of education, as regards paper, binding, print, illustration, subject matter, and all other particulars that may affect the value of such school books; fifth, that the publisher will not in any way, directly or indirectly, become associated or connected with

any combination in restraint of trade in text-books, and that he will not enter into any understanding, agreement, or combination to control prices or restrict competition in the sale of school books for use in the state of California; sixth, that the publisher will maintain an office in California or designate an agent or arrange with a depositary in California, to receive and handle orders for said book or books.

§ 5. Approval. Term. Such bond shall be approved by the attorney general, and shall continue in force for a period of eight years after its filing, at or before the expiration of which period a new bond shall be given, or the right to continue selling such text-books in the state of California shall be forfeited.

§ 6. List sent to principals, county superintendents, and clerks. Annual publication. The state board of education shall, within six months after the approval of such bond, send a list of such books to the principal of each high school, county superintendent of schools and the clerk of each high school board, with a statement of the list price, discounts and the exchange price of each; provided, that such lists shall not be issued oftener than twice each year; provided, further, that whenever a book is dropped from the list, such action shall not affect existing contracts for such book. The state board of education shall, on or before January 1, 1918, and on or before the first day of January of each following year, publish and send to the principal of each high school, county superintendent of schools and the clerk of each high school board, a printed copy of all such lists then in force.

§ 7. Failure of publisher to furnish books. Forfeit. If any publishers shall comply with the provisions of the foregoing sections and then fail or refuse to furnish such books to any high school board upon the terms herein provided within a reasonable time after an order therefor is filed, said board shall at once notify the state commissioner of secondary schools of such failure or refusal, and he shall at once cause an investigation of such charge to be made. If the state commissioner of secondary schools find such charge to be true, he shall at once report his finding to the state board of education, which shall notify such publisher and notify the principal of each high school and the clerk of each high school board in the state of California that such book or books shall not thereafter be adopted or purchased by any of the public school authorities in the state. Said publishers shall forfeit and pay to the state of California the sum of one hundred dollars for each failure or refusal to furnish said book or books, to be recovered in the name of the state of California in an action to be brought by the attorney general in any proper court, the amount when collected to be paid into the treasury to the credit of the high school fund of the state of California.

§ 8. Adoption of text-books by school board. No change for period of four years. The high school board of each high school district in the state of California, at a regular meeting to be held between the first Monday in February and the first Monday in August of each year, shall adopt text-books for use in the schools under its control, until a complete list of text-books covering the entire course of study has been

adopted. The books so adopted shall be put in actual use in such district not later than the beginning of the school year next following such adoption. A majority vote of the membership of any board shall determine which of said books prescribed by the state board of education shall be used in the schools under its control, and after such books have been selected and adopted by said board, no book shall be changed, nor any other book substituted therefor, except as otherwise provided in this act, for a period of four years after the date of its adoption, as shown by the official records of the board; provided, that any such school textbooks as may be in use in the public schools of California when this act goes into effect may be continued until text-books are purchased and distributed by the high school board in accordance with the provisions of this act, but when said books are changed, or other books substituted, the books adopted shall be from the list prescribed by the state board of education in pursuance of this act and shall be used for a full period of four years.

§ 9. Text-books purchased direct from publishers. All text-books adopted as provided for in this act may be bought by the various school authorities direct from the publishers at the lowest net wholesale price less the maximum total discount thereon, as listed by the state board of education. The high school board of each and every high school district shall at a regular meeting, cause to be ascertained the number of each of such books adopted as the schools under its charge require. The clerk or secretary of each high school board may order the book so agreed upon direct from the publisher, agent, or depositary in California, who, on receipt of such order, shall ship the books as directed without delay. It shall be the duty of the clerk or secretary, or other person named by the board for such purpose, to examine the books when received, and if found to be correct and in accordance with the order, a warrant payable out of the county or district high school fund for the proper amount, shall be issued and remitted to the publisher within thirty days. It shall be the duty of each high school board to make all necessary provisions and arrangements to place the books so purchased within easy reach and accessible for the use of all the pupils in the schools under its control. All orders for books under this act shall be made by a duly authorized agent of the high school board and billed by the publisher or the depositary in California designated by him to the high school board.

§ 10. No emolument to be given or accepted. Sample copies. No publisher of school text-books, nor agent of such publisher, shall offer or give any emolument, money, or other valuable thing, or any inducement, to any member of any high school board or school official or teacher connected with any of the high schools of California, for his vote, or promise to vote, or for the use of his influence for the adoption of any school text-book to be used in any of the high schools of this state, nor shall any member of any high school board or school official connected with any of the public schools of California, accept emolument, money or other valuable thing, or any other inducement, from any publisher, or agent of any publisher, for his vote or promise to vote, or for the use of his influence for the adoption of any school text-books; provided, that noth