he shall prepare and furnish such information as shall assist the board in acting for the best interest of the people. § 5. CONTRACT WITH PUBLISHERS. ] The board of county commissioners shall contract with the publishers of such books as have been adopted by the county board of education, designating the price at which such books shall be furnished to them or their authorized agents, and they shall designate a depositary for each school corporation in the county where books shall be sold to the pupils at not more than ten per cent above cost, and they may pay for the books and transportation of the same, so contracted for, out of the general fund, on warrants signed by the county auditor and countersigned by the chairman of the board of county commissioners; Provided, that the same depositary may be designated for one or more school corporations. § 6. FORM OF CONTRACT.] The following shall constitute a part of every contract with publishers as provided in this act, whether contained in such contract or not: Whenever the state of South Dakota shall have published a sufficient number of any text books used in the public schools of the state, to supply the schools of any county in the state, upon notice being given by the governor to the county auditor of any county this contract shall be void as far as it relates to such book and the county auditor shall immediately notify the publisher holding such contract. The county commissioners of such county shall forthwith supply all the schools of said county with the books printed by the state. The auditor of said county shall on or before the 10th of each calendar month send moneys for all state's books sold, to the state treasurer, together with such report as the governor of the state may direct. § 7. BOND FROM DEPOSITARY.] The board of county commissioners may require a good and sufficient bond from each depositary designated by them as their agent, and such agent shall be required to file a statement with the county auditor on or before the 10th day of each calendar month showing the number and kinds of books sold by him, and the number and kinds of books on hand in such depository on the last day of the preceding month, and all moneys due the county by such depositary shall be paid into the county treasury at the time of filing such statement. The county auditor shall supply each depositary with proper blanks for making such report. $ 8. PRINTED LISTS AND PRICE OF BOOKS.] The county board of education shall furnish a printed list of books adopted, designating the retail price of each, and supply one or more copies of each school corporation and to each depositary designated. The secretary or clerk of each school corporation shall post said price list in each school room under his supervision. § 9. PETITION FOR FREE BOOKS.] Upon a written petition of the majority of the electors of any school corporation, asking that the school books be furnished free to the pupils, it shall be the duty of said board to arrange and furnish the free use of books to the pupils of such corporation under such rules and regulations as said school board may determine. $10. BOOK-CASE. AND SECRETARY'S REPORT.] Said school board must procure a safe book-case in which said books shall be kept, whenever it shall have been decided to supply its school books direct to the pupils and a careful invoice must be reported at the close of each term by the secretary. The books shall remain the property of the school corporation and can only be used on order of the board. § 11. CHANGE PROVIDED FOR.] Books once adopted or contracted for under the provisions of this act shall not be changed for a period of five years, except as heretofore provided and on request of at least two-thirds of the school boards of the county. § 12. EMOLUMENTS PROHIBITED.] No school teacher, county or city superintendent or member of any county board of education within the state of South Dakota shall be allowed to receive any emolument, cash or otherwise from any publisher or publishers of school books in payment for a vote or promise to vote or use their influence for any book or books to be used in the schools under their charge. Neither shall any agent or other person be allowed to give or offer any emoluments as heretofore described nor any promise of work nor other inducement to any teacher, county or city superintendent or member of any county board of education or other board of education for any vote or promise to vote or to use their influ ence for any book or books to be used in the schools under their charge; Provided, that nothing in this section shall be construed to prevent any school official from receiving a reasonable number of sample copies for investigation, with a view to obtaining information as to the book or series of books for which such official shall cast his vote; Provided further, that nothing in this section shall be construed to prevent any teacher from obtaining employment from any publishing house, in schools not under their direct charge. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor. § 13. REPEAL.] All acts or parts of acts in conflict with the provisions of this act are hereby repealed. 14. EMERGENCY.] Whereas, no law is in force enab ling school boards to contract for textbooks, therefore an emergency exists and this act shall be in force from and after its passage and approval. Approved March 9, 1897. ELECTIONS. CHAPTER 60. TO SECURE THE SECRECY OF THE BALLOT AND INDEPENDENCE OF VOTERS. AN ACT to Secure the Secrecy of Ballot and Independence of Voters at Public Elections. Be it Enacted by the Legislature of the State of South Dakota: $ 1. PRINTING AND DISTRIBUTING BALLOTS.] All ballots cast in elections for public officers within this state, except township, school township and school district officers, shall be printed and distributed at public expense as hereinafter provided. The printing of ballots, and cards of instructions for the electors in each county, shall be paid for in the same manner as other county expenses, excepting that in elections held for incorporated cities and towns, said expenses shall be a charge upon such cities and towns respectively. § 2. CONVENTIONS OR PRIMARIES.] A convention or primary meeting within the meaning of this act is an organized assembly of delegates or electors representing a political party or principal. Such convention or primary meeting may nomi nate candidates for public offices to be filled by any public election within this state. § 3. NOMINATIONS-HOW CERTIFIED.] All nominations made by such convention or primary meeting shall be certified as follows: The certificate of nomination shall be in writing and shall contain the name of each person nominated, his residence, his business address and the office for which he is named and shall designate in not more than five words the party or principal which such convention or primary meeting represents, which certificate of nomination shall be signed by the secretary and presiding officer of such convention or primary meeting, each of whom shall add to his signature his place of residence, his business and business address, and be delivered by one of them to the secretary of state of this state or the county auditor of the proper county as hereinafter required. $ 4. CERTIFICATES-WHERE FILED.] Certificates of nomination of candidates to be filled by the electors of the entire state or any divison or district thereof greater than a county, shall be filed with the secretary of state; certificates of nominanation of county and precinct officers shall be filed with the auditor of the county wherein such officer or officers are to be elected; certificates of nomination for municipal officers shall be filed with the clerks of the respective municipalties wherein the officers are to be elected; and certificates of nomination for joint members of either house of the legislative assembly, or duplicates thereof, shall be filed in the offices of the county auditors of all the counties to be represented by such joint member. $ 5. OTHER MANNER OF MAKING NOMINATIONS.] Candidates for public office may be nominated otherwise than by convention or primary meeting, in the manner following: A certificate of nomination containing the name of the candidate for the office to be filled, and such other information as is required to be given in certificates of nomination provided for in Section three of this act, may be signed by electors residing within the district or political division in and for which such officer or of ficers are to be elected in the following numbers, to-wit: two hundred or more when the nomination is for an office to be filled by the electors of the entire state; twenty or more when the election is for an office to be filled by the electors of a county, district, or other division less than the entire state; and five or more when the nomination is for an office to be filled by the electors of a township, precinct or ward; Provided, however, that the said signatures need not all be appended to one paper. Each elector signing a certificate of nomination, shall add to his signature his place of residence, his business and his postoffice address. Such certificate of nomination may be filed with the same officer, in the same manner and with the same effect as certificates of like character made by convention or primary meeting. § 6. MUST NAME BUT ONE CANDIDATE FOR ANY OFFICE. ] No certificate of nomination shall contain the name of more than one candidate for any office to be filled, nor shall any person join in nominating more than one person for any place to be filled, nor shall any person accept a nomination for more than one office, except as otherwise provided by law. § 7. CERTIFICATES PRESERVED.] The secretary of state, the auditors of the several counties and municipalities within this state, shall preserve all certificates of nomirations which may be filed in their respective offices for two years after the filing thereof, during which time such certificates shall be open to public inspection, upon reasonable request made. § 8. TIME FOR FILING CERTIFICATES.] Certificates of nominations to be filed with the secretary of state, shall be filed not less than thirty days before the day fixed by law for the election of the persons nominated; those to be filed with the county auditor shall be filed not less than twenty days before the day fixed for such election; and those to be filed with the clerks of municipalties shall be filed not less than five days before the day set for such election; Provided, that the provisions of this section shall not be held to apply to certificates of nomination for offices to be filled at special elections to fill vacancies. § 9. DUTIES OF SECRETARY OF STATE.] Not less than twenty days before an election to fill any public office within this state, the secretary of state shall certify to the county auditor of each county within which any of the electors of this state may, by law, vote for such officer or officers as may be named in any such certificate of nomination, the name and description of each person nominated, as specified by the certificates of nomination filed in his office. $ 10. PUBLICATION OF NOMINATIONS.] At least fifteen days before the day of an election to fill any public office other than a municipal office, the county auditor of each county shall cause to be published in all newspapers within his county, all nominations for office certified to him under the provisions of this act. Two publications in each newspaper shall be deemed sufficient, one of such publications, however, shall be made upon the last day upon which such newspaper is issued before such election. In case of municipal elections such publication shall be made in one or more newspapers devoted to the dissemination of general news, and published within the municipality where the election is to be held, at least three days before the day set for such election. Such publication shall be daily until such election where there is a daily newspaper published within such municipality; but if there be no daily newspaper published within the municipal corporation, one publication in each newspaper shall be sufficient; Provided, if there be no newspaper published in such municipal corporation or county, then the clerk or auditor shall publish such nominations by posting lists of said nominations at three (3) public places within the limits of each voting precinct of such municipal corporation or county. Should any person § 11. VACANCIES-HOW FILLED.] nominated die before the printing of the bailots, or decline the nomination as in this act provided, or should any certificate of nomination be or become insufficient or inoperative from any cause whatever, the vacancy or vacancies thus caused, may be filled in the manner required for the original nominations. If the original nomination was made by a party convention which had delegated to a committee the power to fill vacancies, such committee may upon the occurrence of such vacancies proceed to fill the same. The chairman and secretary of such committee shall thereupon make and file with the proper officer, a cer |