North Carolina. Dept. of Public Instruction.

Biennial report of the Superintendent of Public Instruction of North Carolina, for the scholastic years ... [serial] (Volume 1900/01-1901/02) online

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C. G. Vardell, President Red Springs Seminary.

J. B. Carlyle, Wake Forest College.



LXX Superintendent of Public Instruction.

J. L. Kesler, Baptist Female University.

J. Y. Joyner. The State Normal and Industrial College.

D. H. Hill, College of Agriculture and Mechanic Arts.

L. W. Crawford, Jr., Rutherford College.

J. I. Foust, The State Normal and Industrial College.

M. C. S. Noble, University of North Carolina.

Henry Jerome Stockard, Peace Institute.

F. P. Hobgood, President of Oxford Seminary.

Robert Bingham, Bingham School.

J. A. Holt, Oak Ridge Institute.

Hugh Morson, Raleigh Male Academy.

D. Matt Thompson, Superintendent Statesville Public Schools.
C. L. Coon, Superintendent Salisbury Public Schools.

E. P. Moses, Superintendent Raleigh Public Schools.
R. J. Tighe, Superintendent Asheville Public Schools.
T. R. Foust, Superintendent Goldsboro Public Schools.
E. P. Mangum, Superintendent Wilson Public Schools.
E. C. Brooks, Superintendent Monroe Public Schools.
Alexander Graham, Superintendent Charlotte Public Schools.
Frank H. Curtiss, Superintendent Burlington Public Schools.
Harry Howell, Superintendent Washington Public Schools.
W. D. Carmichael, Durham Public Schools.

W. S. Long, County Superintendent of Alamance.

J. A. Anthony, County Superintendent of Cleveland.

J. A. Butler, County Superintendent of Iredell.

J. E. Ray, Supt. of the School for the Deaf, Dumb and Blind.

E. McK. Goodwin, Superintendent of the N. C. School for the Deaf.






PART I.



BIENNIAL REPORT



SUPERINTENDENT OF PUBLIC INSTRUCTION.



TEXT BOOK LAW.

AN ACT TO ESTABLISH A TEXT-BOOK COMMISSION.

The General Assembly of North Carolina do enact:

Section 1. That the State Board of Education shall be and is
hereby constituted a State Text-Book Commission, whose duty it is
to select and adopt a uniform series or system of text-books for use
in the public schools in the State of North Carolina

Sec. 2. That said Commission is hereby authorized, empowered and
directed to select and adopt a uniform system or series of text-books
for use in the public schools of the State, as above indicated, and
when so selected and adopted, the text-books shall be used for a
period of five years, in all the public schools of this State, and it
shall not be lawful for any school officer, director or teacher, to use
any other books upon the same branches, other than those adopted
by said State Text-Book Commission. Said uniform series shall in-
clude the following branches, to-wit: Orthography, defining, read-
ing, writing, drawing, arithmetic, geography, grammar, language les-
sons, history of North Carolina, containing the Constitution of the
State; history of the United States, containing the Constitution of the
United States; physiology, hygiene, nature and effect of alcoholic
drinks, and narcotics, elements of civil government, elements of
agriculture, theory and practice of teaching: Provided, that none of
said text-books shall contain anything of a partisan or sectarian
character.

Sec. 3. It shall be the duty of the Governor to appoint a sub-com-
mission of not less than five, nor more than ten, to be selected from
among the teachers, or city or county superintendents, actually en-
gaged in the school business in this State: Provided, that not more
than two of these shall be taken from and Congressional District, to
whom shall be referred all books sent to the State Text-Book Com-
mission as specimen copies or samples, upon which bids are to be
based, and it shall be the duty of said sub-commission, in executive
session, to examine and report upon the merits of the books, irrespec-
tive of the price, taking into consideration the subject-matter of the
books, their printing, their material, and their mechanical qualities,



6 Biennial Report of the

and their general suitability and desirability for the purposes for
which they are desired and intended.

Sec. 4. That it shall further be the duty of said sub-commission to
report to the Commission at such time as said Commission shall
direct, arranging each book in its class, or division, and reporting
them in the order of their merit, pointing out the merits and de-
merits of each book, and indicating what book they recommend for
adoption first, what book is their second choice, and their third
choice, and so on, pursuing this plan with the books submitted upon
each branch of study, and if said sub-commission shall consider dif-
ferent books upon the same subject, or of the same class or division
of approximately even merit, all things being considered, tney shall
so report, and if they consider that any of the books offered are of
such a class as to make them inferior and not worthy of adoption,
they shall, in their report, so designate such books, and in said report
they shall make such recommendations and suggestions to the Com-
mission as they shall deem advisable and proper to make. Said re-
port shall be kept secret and sealed up, and delivered to the secretary
of the Commission, and said report shall not be opened by any mem-
ber ■of the Commission until the Commission shall meet in executive
session to open and consider the bids, or proposals, of publishers, or
others, desiring to have books adopted by said Commission.

Sec. 5. That each member of said sub-commission, before entering
upon the discharge of his duties, shall take and subscribe an oath to
act honestly, conscientiously, and faithfully, and that he is not now,
and has not within two years prior to his appointment, been agent or
attorney, or in the employment of, or interested in, any book, or pub-
lishing house, concern, or corporation, making, or proposing to make,
bids for the sale of books, pursuant to the provisions of this act; and
that he will examine an books submitted carefully and faithfully,
and make true report thereon, as herein directed and prescribed.
Said oath shall be filed in the office of the Secretary of State.

Sec. 6. That said Text-Book Commission shall hear and consider
said report in its selection and adoption of a uniform series of text-
books, and shall also, themselves, consider the merits of the books,
taking into consideration their subject-matter, the printing, binding,
material, and mechanical quality, and their general suitability and
desirability for the purposes intendeu, and the price of said books,
and they shall give due consideration to the report and recommenda-
tion of said sub-commission. Said Commission shall select and adopt
such books as will, in their best judgment, accomplish the ends de-
sired; and they are hereby authorized and directed, in case any book
or books are deemed by them suitable for adoption, and more de-
sirable than other books, or book, of the same class, or division, sub-
mitted, and they further consider the price at which sucn book, or
books, are offered to be unreasonably high, and that it should be of-



Superintendent of Public Instruction. 7

ferecl at a smaller price, to immediately notify the publisher of such
books, or book, of their decision and request such reduction in price
as they deem reasonable or just, and if they and such publishers shall
agree on a price they may adopt this book, or books, but if not, they
shall use their own sound judgment and discretion whether they
will adopt that or the book, or books, deemed by them the next best
in the list submitted. And when* said Text-Book Commission shall
have finished with the report of said sub-commission, the said report
shall be filed and preserved in the office of the State Superintendent
of Public Instruction, and shall be open at all times for public in-
spection.

Sec. 7. That said Text-Book Commission shall, immediately after
the passage of this act, meet and organize, the Governor being ex
officio President of the Commission, and the Superintendent of Public
Instruction its Secretary. As soon as practicable, not later than
thirty days after its organization, the Commission shall advertise ill
such manner, and for such a length of time, and at such places as
may be deemed advisable, that at a time and place fixed definitely in
said advertisement sealed bids, or proposals, will be received from
the publishers of school text-books for furnishing books to the public
schools in the State of North Carolina, through agencies established
by said publishers in several counties, and places in counties in the
State, as may be provided for in such regulations as said Commission
may adopt and prescribe. The bids, or proposals, to be for furnish-
ing the books for a period of five years, and no longer, and that no
bid for a longer period will be considered. Said bid, or bids, shall
state specifically and definitely the price at which book, or books, are
to be furnished, and shall be accompanied by ten or more specimen
copies of eacn and every book proposed to be furnished, and it shall
be required of each bidder to deposit with the Treasurer or the State
a sum of money, such as the Commission may require, not less than
$500, or more than $2,500, according to t>.e number of books each bid-
der may propose to supply, and notice shall further be given in said
advertisement that such deposits shall be forfeited absolutely to the
State if the bidder making the deposit of any sum shall fail or refuse
to make and execute such contract and bond, as is hereinafter re-
quired, within such time as the Commission shall require, which time
shall also be stated in said advertisement. All bids shall be sealed
and deposited with the Secretary of State, to be by him delivered to
the Commission when they are in executive session, for the purpose
of considering the same, when they shall be opened in the presence of
the Commission.

Sec. 8. That it shall be the duty of the said Text-Book Commission
to meet at the time and place designated in such notice, or advertise-
ment, and take out the sample, or specimen, copies submitted, upon



8 Biennial Report of the

which the bids are based, and refer and submit them to the sub-com-
mission, as provided for and directed in section 3 of this act, with in-
structions to the said sub-commission to report back to them, at a
time specified, with their report, classification and recommendation,
as provided in sections 3 and 4. When the said report is submitted
it shall be the duty of the said Text-Book Commission to meet in ex-
ecutive session to open and examine all sealed proposals submitted
and received in pursuance of the notice, or advertisement, provided
for in section 7 of this act. It shall be the duty of said Commission
to examine and consider carefully all such bids, or proposals, together
with the report and recommendation of the sub-commission, and de-
termine in the manner provided in section 6 of this act what book, or
books, upon the branch hereinabove mentioned, shall be selected for
adoption, taking into consideration the size, quality as to the sub-
ject-matter, material, printing, binding, and the mechanical execu-
tion, and price, and the general suitability for the purpose desired
and intended: Provided, however, that all books selected or adopted
shall be written or printed in English. After their selection or adop-
tion shall have been made, the said Commission shall, by registered
letter, notify the publishers, or proposers, to whom the contracts
have been awarded, and it shall be the duty of the Attorney-General
of the State to prepare the said contract, or contracts, in accordance
with the terms, or provisions, of this act, and the said contract shall
be executed by the Governor and the Secretary of State, and the seal
of the State attached upon the part of the State jof North Carolina,
and the said contract shall be executed in triplicate, one copy to be
kept by the contractor, one copy to be kept by the secretary of the
Text-Book Commission, and one copy to be filed in the office of the
Secretary of State. At the time of the execution of the contract
aforesaid, the contractor shall enter into a bond in the sum of not
less than ten thousand dollars, payable to the State of North Caro-
lina, the amount of said bond, within said limits, to be fixed by said
Commission, conditioned for the faithful, honest and exact perform-
ance of this contract, and shall further provide for the payment of
reasonable attorney's fees in case of recovery in any suit upon the
same, with three or more good and solvent sureties, actual citizens
and residents of the State of North Carolina, or any guaranty com-
pany authorized to do business in the State of North Carolina, may
become the surety on the said bond; and it shall be the duty of the
Attorney-General to prepare and approve said bond: Provided, how-
ever, that said bond shall not be exhausted by a single recovery, but
may be sued on from time to time until the full amount thereof shall
be recovered, and the said Commission may, at any time, by giving
thirty days' notice, require additional security or additional bond.
And when any firm person or corporation shall have been awarded a



Superintendent of Public Instruction. 9

contract, and submitted therewith the bond as required hereunder,
the Commission, through its Secretary, shall so inform the Treasurer
of the State, and it shall then b3 the duty of tha Treasurer to return
to such contractor the cash deposit made by him, and the said Com-
mission, through its Secretary, shall inform the Treasurer of the
names of such unsuccessful bidders, or proposers, and the Treasurer
shall; upon the receipt of this notice, return to them the amount de-
posited by them in cash at the time of the submission of their bids.
But should any person, firm, or company, or corporation fail, or re-
fuse, to execute a contract, and submit therewith his bond as re-
quired by this act, within thirty days of the awarding of the contract
to him, and the mailing of the registered letter containing the no-
tice: Provided, the mailing of the registered letter snail be suffi-
cient evidence that the notice was given and received, the said cash
deposit shall be deemed and is hereby declared forfeited to the State
of North Carolina, and it shall be the duty of the Treasurer to place
such cash deposit in the treasury of the State to the credit of the
school fund: And provided further, that any recovery had on any
bond given by any contractor shall inure to the benefit of the school
fund in the State and counties, and when collected shall be placed in
the treasury of the school fund.

Sec. 9. That the books furnished under any contract shall, at all
times during the existence of the contract, be equal to, in all respects,
the specimen, or sample, copies furnished with the bid, ana it shall
be the duty of the Secretary of State to carefully preserve in his
office, as the standard of quality and excellence to be maintained in
such books during the continuance of such contracts, the specimen, or
sample, copies of all bo;oks which have been the basis of any con-
tract, together with the original bid, or proposal. It shall be the
duty of all contractors to print plainly on the back of each book the
contract price, as well as the exchange price at which it, is agreed to
be furnished, but the books submitted as sample, or specimen copies,
with the original bid shall not have the price printed on them before
they are submitted to the sub-commission. And the said Text-Book
Commission shall not, in any case, contract with any person, pub-
lisher, or publishers, for the use of any book, or books, which are to
be, or shall be, sold to patrons for use in any public school in the
State, at above, or in excess of, the price at which such book, or
books, are furnished by said person, publisher, or publishers, under
contract to any State, county or school district in the United States,
under like conditions as those prevailing in this State and under this
act. And it shall be stipulated in each contract that the contractor
has never furnished, and is not now furnishing, under contract, any
State, county or school district in the United States, where like con-
ditions prevail as are prevailing in this State, and under this act. the



10 Biennial Report of the

same book, or books, as are embraced in said contract at a price below
or less than price stipulated in said contract, and the said Commis-
sion is hereby authorized and directed, at any time that they may
find that any book, or books, have been sold at a lower price under
contract to any State, county or school district aforesaid, to sue upon
the bond of said contractor and recover the difference between the
contract and the lower price for which they find the book, or books,
have been sold. And in case any contractor shall fail to execute
specifically the terms and provisions of his contract, said Commis-
sion is hereby authorized, empowered and directed to bring suit upon
the bond of such contractor for the recovery of any and all damages,
the suit to be in the name of the State of North Carolina, and the
recovery for the benefit of the public school fund. But nothing in
this act shall be construed so as to prevent said Commission and any
contractor agreeing thereto from in any manner changing or altering
any contract: Provided, four members of the Commission shall
agree to the change, and think it advisable and for the best interest
of the public schools of this State.

Sec. 10. That it shall always be a part of the terms and conditions
of every contract made in pursuance of this act, that the State of
North Carolina shall not be liable to any contractor in any manner
for any sum whatever, but all such contractors shall receive their
pay, or consideration, in compensation solely and exclusively derived
from the proceeds of the sale of books as provided for in this act:
Provided further, that the Commission shall stipulate in the contraci
for the supplying of any book, or books, as herein provided, that the
contractor, or contractors, shall take up school books now in use in
this State and receive the same in exchange of new books, allowing a
price for such old books not less than fifty per cent of the contract
price of the new books. And each person or publisher, making a bid
for the supplying of any book, or books, hereunder, shall state in
such bid, or proposal, the exchange price at which such book, or
books, shall be furnished.

Sec. 11. That the Text-Book Commission shall have and reserve
the right to reject any and all bids, or proposals, if they shall be of
opinion that any or all should, for any reason, be rejected. And in
case they fail from among the bids, or proposals submitted, to select
or adopt any book, or books, from any of the branches mentioned in
section 2 of this act, they may re-advertise for sealed bids, or pro-
posals, under the same terms and conditions as before, and proceed
in their investigations in all respects as they did in the first instance,
and as required by the terms and provisions of this act, or they may
advertise for sealed bids, or proposals, from authors, or publishers, of
text-books, who have manuscripts of books not yet published, for
prices at which they will publish and furnish in book form such man-



Superintendent of Public Instruction. 11

uscripts for use in the public schools in North Carolina, proceeding in
like manner as before: And provided further, the State itself shall
not, under any circumstances, enter into any contract binding it to
pay for the publication of any book, or books, but in the contract with
the owner of the manuscript it shall be provided that he shall pay the
compensation to the publisher for the publication and putting in book
form the manuscript, together with the cost and expenses of copy-
righting the same: And provided further, that in all cases bids, or
proposals, shall be accompanied with a cash deposit of from $500 to
$2,500, as the Commission may direct, and as provided in section 7 of
this act. And it is further expressly provided, that any person, firm
or corporation now doing business, or proposing to do business, in the
State of North Carolina, shall have' the right to bid for the contract
to be awarded hereunder in manner as follows: In response to tL
advertisement, when made as hereinbefore provided, said person,
firms or corporations may submit the written bid, or bids, to edit, or
have edited, published and supplied for use in the public schools in
this State any book, or books, provided for hereunder: Provided,
that instead of filing with the said bids, or proposals, a sample or
specimen, of copy of each book proposed to be furnished, he may ex-
hibit to the Commission in manuscript, or printed form, the matter
proposed to be incorporated in any book, together with such a de-
scription and illustration of the form and style thereof, as will be
fully intelligible and satisfactory to the said Commission, or he may
submit a book, or books, the equal of which in every way they pro-
pose to furnish; and he shall accompany his bids, or proposals, with
cash deposit hereinbefore provided: Provided, that all books and
manuscripts shall be examined and reported upon by said sub-com-
mission provided for in section 3 of this act.

Sec. 12. That as soon as said Commission shall have entered into a
contract, or contracts, for the furnishing, or supplying, of books for
use in the public schools in this State, it shall be the duty of the
Governor to issue his proclamation announcing such fact to the peo-
ple of the State.

Sec. 13. That there shall be maintained in each county in the State,
provided the Commission shall deem it advisable, and so demand, not
less than one, or more than six, agencies for the distribution of the
books to the patrons, or the contractor shall be permitted to make
arrangements with merchants, or others, for the handling and distri-
bution of the books, and parties living in the county where no agency
has been established, or no arrangement made for distribution, may
order the same from one of the contractors, and it shall be the duty
of the contractor, or contractors, to deliver any book, or books, so
ordered, to the person ordering, to his post-office address, freight, ex-
press, postage, or other charges, prepaid, at the retail contract price:



12 Biennial Report of the

Provided, the price of the book, or books, so ordered shall be paid in
advance. All books shall be sold to the consumer at the retail con-
tract price, and on each book shall be printed the following: "The
price fixed hereon is fixed by State contract, and any deviation there-
from shall be reported to your County Superintendent of Public In-
struction, or the State Superintendent at Raleigh." And it is ex-
pressly provided that should any party contracting to furnish books,
as provided for in this act, fail to furnish them, or otherwise breach
his contract, in addition to the right of the State to sue on the bond
hereinabove required, the chairman of the County Board of Educa-
tion, or any member of said Board of Education, may sue in the
name of the State of North Carolina, in the courts of the State of
North Carolina having jurisdiction, and recover on the bond given by
the contractor the full value of the books so failed to be furnished,
for the use and benefit of the school fund of the county: Provided,
that in all cases service of process may be had and deemed sufficient
on any agent of the contractor in the county, or if no agent is in the
county, then service of any depository, and this service shall be, and
stand in the place of service on the defendant contractor.

Sec. 14. That said Commission may, from time to time, make any
necessary regulations not contrary to the provisions of this act, to
secure the prompt distribution of the books herein provided for, and
the prompt and faithful performance of all contracts, and it is espe-
cially now provided that said Commission shall maintain its organi-
zation during the five years of the continuance of the contract, and
after the expiration of the same to re-advertise for new bids, or pro-
posals, as required by this act, in the first instance, and enter into
such other contracts as they may deem best for the interest of the
patrons of the public schools of the State: Provided, any contract
entered into, or renev ed, shall be for the term of five years.

Sec. 15. That as soon as practicable after the adoption provided for
in this act, the Scute Superintendent shall issue a circular letter to
each County Superintendent in the State, and to such others as he
may desire to send it, which letter shall contain the list of books
adopted, the prices, location of agencies, and method of distribution,



Online LibraryNorth Carolina. Dept. of Public InstructionBiennial report of the Superintendent of Public Instruction of North Carolina, for the scholastic years ... [serial] (Volume 1900/01-1901/02) → online text (page 7 of 46)