dred dollars per annum; the chaplain, one thousand two hundred dollars per annum; the guards or assistants for each penitentiary, ninety dollars per month. No official connected with the penitentiaries shall be directly or indirectly connected or concerned with any contract for furnishing the warden or any contractor any materials for manufacture or use in the penitentiary, or any supplies or produce to be used in the penitentiary, or by the convicts in any way whatever; and they shall not be interested, in a financial way, with any business carried on by convict labor. For a violation of the provisions of this section the official so violating shall be for each offense fined one thousand dollars."

3. All laws or parts of laws in conflict herewith are hereby repealed. An emergency is hereby declared to exist and it is hereby ordained that this act shall take effect from and after its approval by the Governor.

Approved March 29, 1918.

CHAPTER 110.

AN ACT to repeal and re-enact Sub-sections 1, 3, 4, 8, 12, 14, and 26 of Section 4421a, of the Kentucky Statutes, Carroll's Edition of 1915, and to repeal and re-enact Section 4421b of Kentucky Statutes, Carroll's Edition of 1915, and to repeal and re-enact Section 1 of Chapter 8 of the Acts of the General Assembly of 1916, all relating to the adoption, sale and distribution of school text books in the State of Kentucky, and in the Cities of the first, second, third and fourth classes.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

1. That Sub-section 1 of Section 4421a, Kentucky Statutes, Carroll's Edition of 1915, be and the

same is hereby repealed and re-enacted so as to read as follows:

"1. There is hereby created a State text book commission to be composed of the following members:

The Governor, who shall be ex-officio chairman of said commission; the Superintendent of Public Instruction, who shall be ex-officio secretary of said commission; one member of the faculty of each of the State Normal Schools at Richmond and Bowling Green; one member of the faculty of the State University, and one educator of high qualifications, actually engaged in educational work, from each of the appellate court districts. All members except the two ex-officio members shall be appointed by the Governor in the month of January, in the year 1919, and in the month of January every four years thereafter. Said appointive members shall serve for a term of four years from and after their appointment, and until their successors are appointed and qualified, and any vacancies on said commission shall be filled in the same manner as the original membership is determined."

3. That Sub-section 4 of Section 4421a of Kentucky Statutes, Carroll's Edition of 1915, be and the same is hereby repealed and re-enacted so as to read as follows:

"3. The members of the State text book commission as thus constituted, shall meet within ten days after their appointment on the call of the chairman, or, on a call signed by a majority of the members, in the office of the chairman, for the purposes of organization, and to provide, as hereinafter stated, for proper notice to the various text book publishers, regarding the adoption of text books for a period of five years, in the State of Kentucky."

3. That Sub-section 4 of Section 4421a, of Kentucky Statutes, Carroll's Edition 1915, be and the same is hereby repealed and re-enacted so as to read as follows:

"At the first meeting of the State Text Book Commission as herein constituted, it shall advertise in one or more daily, or other newspapers, or by written notification to all qualified publishers as hereinafter provided; that said Commission will receive sealed bids or proposals from the publishers of school text-books on or before the first day of March preceding the expiration of the present or any future contracts for the adoption of text-books in accordance with the provision of this law and such other regulations as the Commission may prescribe. The Commission will also receive at the same time written proposals from publishers who may at that time hold contracts with the State of Kentucky, or with any city of the first, second, third or fourth class as to whether or not they will furnish and provide such books as are in use at the time for a period of five years from the date of the expiration of said contract at the same price or a less price. Such written statement shall be filed with the Commission as stated above relating to the adoption or the continuation of said books for said period of time in either the State, or in any of the above named cities; provided that not more than fifty per cent. of either the High School or the Common School subjects, which are then in use in the public or High Schools of the State, shall be changed, provided an arrangement may be made with the publishers of said books, whereby the same books may be continued for a period of five years at a price equal to or less than the price at which books are sold at the time, but a continuation of fifty per cent.

or any portion of books shall not be obligatory on any of such cities."

§ 4. That section one, chapter eight, of the Acts of one thousand nine hundred and sixteen, be and the same is hereby repealed and re-enacted so as to read as follows: "Such bids and proposals shall be for furnishing books during a period of five years. The bids shall state specifically the net contract prices at which books are to be furnished to dealers within a county, and the exchange price, and shall be accompanied by a specimen copy of every book proposed to be furnished." Any person, corporation, company or association proposing to bid for a contract to furnish text-books under the provisions of this act shall lodge with his or its bid a sample copy of the text-book proposed to be furnished, which text-book after contract is entered into shall be safely kept in the office of the Superintendent of Public Instruction, and such person, company, corporation or association shall during the existence of such contract deliver to the dealer as provided in this Act, text-book equal in binding, finishing and material to said sample copy and shall furnish the same under such contract at a price not exceeding the price at which the same or substantially the same book may be furnished or delivered to the dealer, patron or pupil in any other state of the United States. If such person, company, corporation or association fails, neglects or refuses to furnish text-books under such contract as herein provided, a recovery on the bond provided herein. may be had in any county in this State in which such failure, neglect or refusal may occur in an action by the county superintendent of such county on said bond. All bids shall be sealed and deposited

with the secretary of the commission to be by him. delivered to the commission in executive session, when they shall be opened in the presence of the commission. It shall be the duty of the secretary of the commission to carefully preserve in his office for comparison, the specimen copy of each of the books adopted, together with the original bid or proposal, and when requested, to return to the publishers the specimen copies of other books submitted at their expense. Provided, however, that when the present contracts then existing for the furnishing of text-books shall have expired by the terms thereof, the commission shall arrange for a continuance of such contracts for a period of five years, on at least fifty per cent. of the subjects then in use, provided such contracts may be renewed or continued at the same, or at a less price than that at which they are furnished at that time. The Commission shall provide for the making of new contracts and new bonds and the provisions of the text book law as now amended, shall be followed with respect to the books which are continued, or the contracts which are renewed, as that on which new books are adopted. At the expiration of any new contract and every five years thereafter, adoptions and renewals of contracts shall be made according to the provisions of the text-book law. If it shall be impossible for the commission to arrange for a continuation of fifty per cent. of the books then in use at a price equal to, or less, the commission shall re-advertise and proceed with the selection and adoption of such books as in the original manner. However, the commission may select the same books at a higher price, provided the publishers will not continue them at the same price."