948                                 LAWS OF MARYLAND                        [CH. 405

unless the court finds that such contract or purchase is in the public
interest; and the burden of proof shall be upon the party seeking to
uphold such contract or purchase to show that such contract or
purchase is in the public interest, and except as herein provided,
no contract or purchase of such board shall be set aside on the
ground of conflict of interest.

(e) Penalty.—Any person who violates any of the provisions of
this section is guilty of a misdemeanor, and on conviction shall be
punished by a fine of not more than $1,000, or imprisonment for not
more than one year, and in addition, it shall be obligatory upon the
State Superintendent of Schools of the State of Maryland forthwith
to cause such convicted person to be removed from his office.

123. When sealed bids to be received.

Where the cost of any school building, improvement, supplies, or
equipment of any sort exceeds the sum of five thousand, dollars, the
board of education in each county shall advertise for bids in one or
more newspapers published in their respective counties, publication
of such advertisement to appear at least two weeks prior to the date
on which bids are to be filed, and the contract for any such school
building, improvements, supplies, or other equipment shall be
awarded to the lowest responsible bidder, conforming to specifica-
tions, with consideration being given to quantities involved, time
required for delivery, purpose for which required, competency and
responsibility of bidder, and his ability to render satisfactory serv-
ice, but the board of education in the respective counties shall have
the right to reject any and all bids and to readvertise for other
bids, and any contract entered into or purchase made in violation of
the provisions of this section shall be null and void; provided, how-
ever, that the provisions of this section shall not apply to contracts
for the purchase of books and/or other materials of instruction, and
provided further that the board of education in any county shall be
permitted to name in the specifications and advertisements for bids
under this section the particular make, kind, or brand of article or
articles to be purchased or contracted for, and provided further that
nothing in this section shall apply to the emergency repairs during
the period of the regular school year.

124. General State School Fund.

(a)    General State school fund established.—All money appro-
priated subsequent to the enactment of this section, by the General
Assembly of the State of Maryland to aid in support of public
schools, shall constitute what shall be known as the General State
School Fund.

(b)    The Comptroller shall charge against and pay as herein-
before or hereinafter provided from the General State School Fund,
the annual appropriation made by the General Assembly for the
support of the State