principals or faculties of instruction of said schools, as in the judgment of said regents may be proper or as may be in accordance with the usual custom in such cases.

§ 12. TUITION FEES, ETC.] The regents of education shall fix all rates of tuition and of other fees to be paid by stu dents, but such rates must be the same in all the different institutions. They may receive free of tuition two students appointed by each state senator, and one by each representative of the state legislature in any one of the institutions under their control; Provided, that the period for which such appointment was made shall expire with the term of office of the said senator or representative, and. provided, that such appointees shall be residents of the district or county whose senator or representative makes the appointment; and provided, further, that such appointees shall comply with all the rules and requirements of the institution which they desire to enter. No student, however, shall receive any other gratuity whatever.

§ 13. NEEDLESS DUPLICATION OF DEPARTMENTS FORBIDDEN.] The regents of education are hereby expressly forbidden to continue or to create chairs, departments, laboratories, libraries, or other equipment in multiplication except where the obvious needs of the special work of the schools make such multiplication necessary. In all things the regents are to administer the schools in such a manner as to enable each one of them to do in the best manner its own specific work, but all with a view to the strictest economy, and so as to unify and harmonize the entire work of all the schools under their control. $14. CONFERRING DEGREES, ETC.] The regents of education are authorized to confer all scholastic honors and degrees usually granted by such boards; but all degrees, diplomas and certificates of graduation shall be issued and conferred in their name and by their express authority. In conferring degrees the regents shall conform as nearly as may be to the best and most reputable current practice in such matters. Students shall be graduated from any one of these institutions by the regents of education upon recommendation of the appropriate faculty of that institution. A certificate of graduation from a full course in any one of the normal schools or from the state university, provided the graduate of the university has taken a course in pedagogy as given in that institution, shall be a license valid for five years to teach in any of the public schools of this state.

§ 15. THE AGRICULTURAL EXPERIMENT STATION.] The United States agricultural experiment station for South Dakota being by national law a department of, and under the direction of the agricultural college. shall be under the exclusive control of the regents of education, just as other departments and in stitutions are under their control.

§ 16. FARMERS' INSTITUTES, ETC.] The regents of education are authorized to encourage and provide for farmers' institutes to be conducted by members of the agricultural college faculty, or by any one else designated by said regents; and the said regents are likewise authorized to encourage and as far as possible provide for any other form of university extension work which is feasible and of value to the people.

§ 17. ELECTION OF OFFICERS AND THEIR TERMS.] All officers of the board shall be elected for one year, and the election, except in case of vacancies, shall be held at the annual meeting.

§ 18. COMPENSATION OF REGENTS AND THEIR OFFICERS.] The regents of education shall receive no compensation for their services, but each shall be paid five dollars per day for every day's service to cover his actual expenses, and this per diem shall be paid, upon their itemized and properly certified vouchers, from the state treasury upon the warrant of the auditor of state; Provided, that any regent serving from the Black Hills region shall receive twenty-five dollars extra for attendance upon any meeting east of the Missouri river, but not exceeding fifty dollars for any one fiscal year, and provided that the entire sum paid for any one year to said regents of education shall not exceed one thousand dollars.

$ 19. APPROPRIATIONS PROVIDED FOR REGENTS OF EDUCATION.] In the general appropriation for state purposes the sum of twenty-six hundred dollars, or so much thereof as may be needed, shall be provided each year for the per diem of the regents of education, for the salary of their secretary and stenographer, and for such blanks, books, stationery and postage as may be needed.

§ 20. TREASURER, CUSTODY AND COLLECTION OF FUNDS. ] The state treasurer shall be the treasurer of the regents of education, and he shall perform all the duties of such office, subject to such regulations as they may adopt, not inconsistent with his other official duties, and he and his sureties shall be liable on his official bond for the faithful discharge of such duties, Said treasurer shall have authority to receive and receipt for all moneys arising from any source for the use of any of the educational institutions under the control of the said regents, and he shall keep such separate accounts of the several funds as they shall prescribe. All moneys received from rents of dormitories, tuition or other fees authorized by the regents of education, or from articles, products or materials sold by their authority, shall be collected by some person designated by said regents for each institution to make such collections, under proper bonds. and said person shall transmit to the state treasurer at the close of each calendar month all moneys thus received by him during that month; and no other person shall be

permitted to collect or hold any money belonging to said institutions. Moneys received from the national government, under any of the various grants, shall be payable to the state treasurer, as treasurer of the regents of education, and shall be receipted for by him. All moneys received as interest on the national land grant funds or from leases of the land granted to these institutions under the control of the regents of education, shall be paid to the state treasurer, and shall be credited by him to the proper educational institutions. At once on receiv ing moneys from any source the state treasurer shall notify the secretary of the regents of education of the amount, the source from which received, and the fund to which credited.

§ 21. APPROPRIATION OF FUNDS BELONGING TO THE INSTITUTIONS UNDER CONTROL OF THE REGENTS OF EDUCATION.] There is annually and perpetually appropriated to the regents of education for the exclusive and legal use of the educational institutions under their control all moneys received from their endowment land grant as interest or rent, all local collections from fees of any kind, or from rents or sales authorized, all United States money grants of any kind, all moneys derived from any source to be used by the regents of education for the proper and legal maintenance of the institutions under their control.

§ 22. METHODS OF EXPENDITURE. ] No expenditures shall be made except by express authority of the regents of education first obtained, and no indebtedness shall ever be permitted or incurred except against funds already available for such purpose, and no expenditure from any fund shall, under any circumstances, be made except for the legal purpose for which said fund exists and for the institution to which it belongs. The method in detail of making expenditures, purchases, etc., except so far as they are specified by Section 10 of this act, shall be left to the discretion of the regents of education.

§ 23. THE DUTY OF THE AUDITOR OF STATE.] Whenever a properly audited and authenticated voucher of the regents of education is presented to the auditor of state, it shall be his duty to transmit promptly to the office of secretary of the regents of education his warrant for a corresponding sum on the state treasurer, unless said voucher shall overdraw the fund from which it is made payable.

§ 24. REPORTS, ETC.] The regents of education shall on or before the fifteenth day of December previous to each biennial session of the legislature prepare and present to the governor of the state for his use and for the use of the legislature a full detailed report of all their doings for the preceding two years, with a statement of the work and the condition financially and educationally of all the institutions under their con

trol, with such recommendations as they may desire to make, and with detailed estimates for legislative aid, if in their judgment any is needed. They shall also by themselves or their authorized representative, attend upon the session of the legislature whenever required so to do by a committee of either house. They shall also prepare, or cause to be prepared and transmitted at proper times, all reports required of them by the United States laws.

§ 25. REPEAL OF PREVIOUS ACTS.] Chapter six of the session laws of eighteen hundred and ninety, approved February twenty-sixth, entitled an act for the appointment of a board of regents, being in contravention of this act, is hereby repealed; also the act approved March seventh, eighteen hundred and ninety-one, relating to farmers' institutions [institutes, ] is hereby repealed; also the act approved March seventh, eighteen hundred and ninety one, concerning acceptance of grants of money from the United States, and which makes the treasurer of the board having control of the agricultural college the custodian of such United States grants, is hereby repealed. All previous legislative acts, which are wholly or partially in contravention to this act, are hereby repealed.

§ 26. EMERGENCY DECLARED.] Whereas, there is no law in force providing for a board of regents, under the constitution as amended, therefore an emergency exists, and this act shall be in force from and after its passage and approval. Approved March 5, 1897.

CHAPTER 59.
[S. B. 209.]

ESTABLISHING UNIFORMITY OF SCHOOL TEXT BOOKS.

AN ACT to Establish Uniformity of School Text Books and to Regulate the Supply Thereof.

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

§ 1. WHO CONSTITUTE BOARD.] The county superintendents of schools, the president of the board of education of all cities or towns, the county auditor, the county state's attorney, the board of county commissioners, their successors in office and one person from each commissioner's district who shall be selected by the members of the school boards of such commissioner's district present at a meeting to be called by the county superintendent, shall constitute the county board of education of each county in this state for the purpose of selecting and adopting all the text books needed for use in the public schools of the county. The county superintendent of schools shall in

all cases, be chairman of the county board of education, and the county auditor, secretary and a majority of said board shall constitute a quorum for the transaction of business.

§ 2. TIME OF MEETING-ADOPTION AND PRICE OF BOOKS.] The county board of education shall meet at the office of the county superintendent of schools of each county in the state on the second Tuesday of June, 1897, and every five years thereafter and select and adopt a complete series of school text books to be used in all the schools of the county; Provided, that nothing in this act shall be construed to prevent any county board of education from selecting a series of text books from two or more publishers; Provided further, that the boards of educa tion in cities and towns may adopt additional books by the same or other authors for higher classes in their schools. The county board of education shall, immediately upon the taking effect of this act, advertise for twenty days in a newspaper published in each county, that at a time and place named in said notice, said board will receive sealed bids for furnishing school books to the pupils of all public schools in the county as provided in this act, for a term of five years, provided that no book shall be accepted on contract by the board of education in excess of the following prices, to-wit: Graded speller, 15 cents; first reader, 10 cents; second reader, 20 cents; third reader, 30 cents; fourth reader 40 cents; highest reader, 90 cents; elementary geography, 50 cents; advanced geography, 75 cents; primary arithmetic 25 cents; intermediate arithmetic, 35 cents; com. plete arithmetic, 50 cents; physiology and hygiene, 50 cents; history of the United States, 80 cents. Other necessary books shall be purchased and contracted for at proportionate prices with this list.

§ 3. DUTY OF BOARD AND SUPERINTENDENT.] Before selecting and adopting school text books in accordance with the provisions of this act, it shall be the duty of the said county board of education to take into consideration the books used in the county, and all books submitted by publishers and most carefully consider the price, the type, the material, the binding and other items that go to make up a desirable text book, and no text book shall be adopted whose price is above the contract or wholesale price at which said books were furnished to any other state, county or school corporation in the United States during the year previous to such adoption. The county superintendents shall annually at the close of the year make a report to the county board of education as to the operation of the school book contract.

§ 4. SUPERINTENDENT TO NOTIFY MEMBERS OF BOARD.] The county superintendent shall notify each member of the county board of education in writing of the time and place of meeting, at least ten days before the date of said meeting, and