133 Iowa 120 | Iowa | 1907
This is a suit to enjoin the directors of the school township of East Biver, Page county, from changing
The board of directors of each and every school corporation in the State of Iowa is hereby authorized and empowered to adopt text-books for the teaching of all branches that are now or may hereafter be authorized to be taught in the public schools of the State, and to contract for and buy said books and any and all other necessary school supplies at said contract prices, and to sell the same to the pupils of their respective districts at cost, and said money so received shall be returned to the contingent fund. The books and supplies so purchased shall be under the charge of the board, who may select one or more persons within the county to keep said books and supplies for sale, and, to insure the safety of the books and moneys, the board shall require of each person so appointed a bond in such sum as may seem to the board to be desirable.
Before purchasing text-books under the provisions of this chapter, it shall be the duty of the board of directors, or county board of education, to advertise, by publishing a notice for three consecutive weeks in one or more newspapers published in the county: said notice shall state the time,up to which all bids will be received, the classes and grade for which text-books and other necessary supplies are to be bought, and the approximate quantity needed; and said board shall award the contract for said text-books and supplies to any responsible bidder or bidders offering suitable text-books and supplies at the lowest prices, taking into consideration the quality of the material used, illustrations, binding, and all other things that go to make up a desirable text-book; and may, to the end that they may be fully advised, consult the county superintendent, or in case of city independent districts, with city superintendent or other competent person, with reference to the selection of text-books; provided that the board may reject any and all bids, or any part thereof, and re-advertise therefor as above provided.
It will be observed that the contract is to be awarded to responsible bidder or bidders “ offering suitable text-books at the lowest price,” and in determining this the board is to take into consideration, not only the quality of material used, but the “ illustrations, binding and all other things that go to make up a desirable text-book.” Moreover, to become fully advised, they may consult the county superintendent with reference u to the selection of the text-books.” Plainly, then, they are to choose between text-books in passing upon the bids, and this necessarily involves the adoption of those to be- used. That this was the thought of the Legislature further appears from section 2830 of the Code, providing
As notice was not published as required by section 2828 of the Code, neither the adoption nor purchase of text-books