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STATE OF NORTH DAKOTA

GENERAL SCHOOL LAWS

Comprising all the Laws in Force Pertaining to Public Schools

PUBLISHED BY

DEPARTMENT OF PUBLIC INSTRUCTION

E. J. TAYLOR, Superintendent

AUG. 1, 1914

Published by Authority

BISMARCK, N. D.

STATE OF NORTH DAKOTA

GENERAL SCHOOL LAWS

Comprising all the Laws in Force Pertaining to Public Schools

PUBLISHED BY

DEPARTMENT OF PUBLIC INSTRUCTION

E. J. TAYLOR, Superintendent

AUG. 1, 1914

Published by Authority

BISMARCK, N. O.

THIS VOLUME IS STATE PROPERTY.

And is for the use of

of School District No

County of State of North Dakota.

School officers on retiring from office are required by law to de- liver this volume, with all other books and documents of an official character, to their successors in office.

INTRODUCTORY

This volume contains all the school laws in force pertaining to the rural, graded, consolidated and high schools of the state. Here- after the school laws will be published in full only once in four years. The next complete edition will be published in 1918. County Superintendents should furnish copies of the school laws only to those entitled by law to receive them. School officers and others should be instructed to preserve their copies carefully and deliver them to their successors in office.

E. J. TAYLOR,

Supt. of Public Instruction. Bismarck, N. D.

August ist, 1914.

293044

CONGRESSIONAL ENACTMENT

ORGANIC LAW. NARCOTICS.

§ 75. The nature of alcholic drinks and narcotics, and special instruction as to their effects upon the human system, in con- nection with the several divisions of the subject of physiology and hygiene, shall be included in the branches of study taught in the common or public schools, and jn the military and naval schools, and shall be studied and taught as thoroughly and in the same manner as other like required branches are in said schools by the use of text books in the hands of pupils where other branches are thus studied in said schools, and by all pupils in all said schools throughout the territories in the military and naval academies of the United States and in the District of Columbia and in all Indian and colored schools in the territories of the United States.

£ 76. It shall be the duty of the proper officers in control of any school described in the foregoing section to enforce the pro- visions of this act; and any such officer, school director, com- mittee, superintendent or teacher who shall refuse or neglect to comply with the requirements of this act or shall neglect or fail to make proper provisions for the instruction required and in the manner specified by the first section of this act, for all the pupils in each and every school under his jurisdiction, shall be removed from office and the vacancy filled as in other cases.

§ 77. Xo certificate shall be granted to any person to teach in the public schools of the District of Columbia or territories, after the first day of January, anno Domini eighteen hundred and eighty-eight, who has not passed a satisfactory examination in physiology and hygiene, with special reference to the nature and effects of alcoholic drinks and other narcotics upon the human system.

Act of congress approved May 20, 1886.

RESERVATION OF SCHOOL LANDS.

§ 88. Sections numbered sixteen and thirty-six in each town- ship of the territories of . * * * Dakota * * * shall be reserved for the purpose of being applied to schools in the several territories herein named, and in the states and territories here- after to be erected out of the same.

Section 1846 R. S. U. S., 1874, approved March 2, 1861. (See, also, Enabling Act, section 10, post.)

GENERAL SCHOOL LAWS

ENABLING ACT

[Approved February 22, 1889.]

§ 4. PROVIDING FOR THE CONSTITUTIONAL CONVENTIONS FOR NORTH DAKOTA, SOUTH DAKOTA, MONTANA AND WASHINGTON.] And said convention shall provide by ordinances irrevocable without the consent of the United States and the people of said states :

Fourth. That provision shall be made for the establishment and maintenance of systems of public schools, which shall be open to all children of said states, and free from sectarian control.

§ 10. That upon the admission of each of said states into the union, sections numbered sixteen and thirty-six in every town- ship of said proposed states, and where such sections or any parts thereof have been sold or otherwise disposed of by or under the authority of any act of congress, other lands equivalent thereto, in legal subdivisions of not less than one-quarter section are hereby granted to said states for the support of common schools.

§ ii. That all lands herein granted for educational purposes shall be disposed of only at public sale; and at a price not less than $10 per acre, the proceeds to constitute a permanent school fund, the interest of which only shall be expended in the support of said schools. But said lands may, under such regulations as the legislature shall prescribe, be leased for periods of not more that five years, in quantities not exceeding one section to any one person or company, and such lands shall not be subject to pre- emption, homestead entry, or any other entry under the land laws of the United States, whether surveyed or unsnrveyed, but shall be reserved for school purposes only.

§ 13. That five per centum of the proceeds of the sales of public lands lying within said states which shall be sold by the United States subsequent to the admission of said states into the union, after deducting all expenses incident to the same, which shall be paid to the said states, to be used as a permanent fund, the interest of which only shall be expended for the support of common schools within said states, respectively.

§ 14. That the lands granted to the territories of Dakota and Montana by the act of February 18, 1881, * * * are hereby vested in the states of South Dakota, North Dakota and Montana respectively, * * * to the extent of the full quantity of sev- enty-two sections to each of said states, * * * but said act of February 18, 1881, shall be so amended as to provide that none of said lands shall be sold for less than $10 per acre, and the proceeds shall constitute a permanent fund to be safely in- vested and held by said states severally, and the income thereof be used exclusively for university purposes. * * * None of the lands granted in this section shall be sold at less than $10 per acre; but said lands may be leased in the same manner as

STATE OF NORTH DAKOTA

provided in section n of this act. The schools, colleges and universities provided for in this act shall forever remain under the exclusive control of the said states, respectively, and no part of the proceeds arising from the sale or disposal of any lands herein granted for educational purposes shall be used for the sup- port of any sectarian or denominational school, college, or university. * * *

§ 1 6. That 90,000 acres of land, to be selected and located as provided in section 10 of this act, are hereby granted to each of said states, except to the state of South Dakota, to which 120,000 acres are granted, for the use and support of agricultural colleges in said states, as provided in the acts of congress making donations of lands for such purpose.

£ 17. That in lieu of the grant of land for purposes of internal improvement made to new states by the eighth section of the act of September 4, 1841, which act is hereby repealed as to the states provided for by this act, and in lieu of any claim or de- mand by the said states, or either of them, under the act of September 28, 1850, and section 2479 °f the revised statutes, making a grant of swamp and overflowed lands to certain states, which grant it is hereby declared is not extended to the states provided for in this act, and in lieu of any grant of saline lands to said states, the following grants of lands are hereby made, to-wit :

To the State of South Dakota : For the school of mines, 40,000 acres; for the reform school 40,000 acres; for the deaf and dumb asylum, 40,000 acres ; for the agricultural college, 40,000 acres ; for the university, 40,000 acres; for the state normal schools, 80,000 acres ; for public buildings at the capital of said state, 50,000 acres, and for such other educational and charitable purposes as the legis- lature of said state may determine, 170,000 acres; in all 500,000 acres.

To the State of North Dakota a like quantity of land as in this section granted to the state of South Dakota and to be for like purposes, and in like proportion as far as practicable.

CONSTITUTIONAL PROVISIONS

[Adopted October I, 1889.]

PREAMBLE.

We the people of North Dakota, grateful to Almighty God for the blessings of civil and religious liberty, do ordain and establish this Constitution.

ARTICLE II. THE LEGISLATIVE DEPARTMENT.

§ 69. The legislative assembly shall not pass local or special

laws in any of the following enumerated cases, that is to say : ********

12. Providing for the management of common schools.

ARTICLE III.

§ 82. There shall be chosen by the qualified electors of the state at the time and places of choosing members of the legisla- tive assembly a * * * superintendent of public instruction * * * who shall have attained the age of twenty-five years, shall be a citizen of the United States, and shall have the quali- fications of state electors. They shall severally hold their offices at the seat of government for the term of two years, and until their successors are elected and duly qualified.

§ 83. The powers and duties of the * * superintendent

of public instruction, * . * * shall be as prescribed by law.

§ 84. Until otherwise provided by law, the superin-

tendent of public instruction, * * shall each receive an an- nual salary of $2,000; * * but the salary of any of said offi- cers shall not be increased or diminished during the period for which they shall have been elected, and all fees and profits arising from any of the said offices shall be covered into the state treasury.

ARTICLE V.

ELECTIVE FRANCHISE.

§ 121. AMENDED.] Every male person of the age of twenty- one years or upwards belonging to either of the following classes, who shall have resided in the state one year, and in the county

STATE OF NORTH DAKOTA

six months, and in the precinct • ninety days next preceding any election, shall be deemed a qualified elector at such election.

First — Citizens of the United States.

Second — Civilized persons of Indian descent who shall have severed their tribal relations two years next preceding such elec- tion. (See sec. 480 Revised Codes, also State v. Denoyer, 6 N. D. 586.)

£ 123. Electors shall in all cases except treason, felony, breach of the peace or illegal voting, be privileged from arrest on the days of election during their attendance at, going to and return- ing from such election, and no elector shall be obliged to perform military duty on the day of election except in time of war or public danger.

>j 125. No elector shall be deemed to have lost his residence in this state by reason of his absence on business of the United States or of this state, or in the military or naval service of the United States.

§ 126. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this state in conse- quence of his being stationed therein.

§ 127. AMENDED.] No person who is under guardianship, non compos mentis or insane, shall be qualified to vote at any election ; nor shall any person convicted of treason or felony, un- less restored to civil rights ; and the legislature shall by law es- tablish an educational test as a qualification, and may prescribe penalties for failing, neglecting or refusing to vote at any general election.

§ 128. Any woman having the qualifications enumerated in sec- tion 121 of this article as to age, residence and citizenship, and including those now qualified by the laws of the territory, may vote for all school officers, and upon all questions pertaining solely to school matters, and be eligible to any school office.

>; 129. All elections by the people shall be by secret ballot sub- ject to such regulations as shall be provided by law.

ARTICLE VIII.

EDUCATION.

£ 147. A high degree of intelligence, patriotism, integrity and morality on the part of every voter in a government by the people being necessary in order to insure the continuance of that government and the prosperity and happiness of the people, the legislative assembly shall make provision for the establishment and maintenance of a system of public schools which shall be open to all children of the state of North Dakota and free from sectarian control. The legislative requirements shall be irrevo- cable without the consent of the United States and the people of North Dakota.

10 GENERAL SCHOOL LAWS

§ 148. The legislative assembly shall provide at its first session after the adoption of this Constitution for a uniform system of free public schools throughout the state; beginning with the pri- mary and extending through all grades up to and including the normal and collegiate course.

§ 149. In all schools instruction shall be given as far as prac- ticable, in those branches of knowledge that tend to impress upon the mind the vital importance of truthfulness, temperance, purity, public spirit, and respect for honest labor of every kind.

§ 150. A superintendent of schools for each county shall be elected every two years, whose qualifications, duties, powers and compensation shall be fixed by law.

§ 151. The legislative assembly shall take such other steps as may be necessary to prevent illiteracy, secure a reasonable degree of uniformity in course of study and to promote industrial, scien- tific and agricultural improvement.

§ 152. All colleges, universities and other educational insti- tutions, for the support of which lands have been granted to this state, or which are supported by a public tax, shall remain under the absolute and exclusive control of the state. No money raised for the support of the public schools of the state shall be appro- priated to or used for the support of any sectarian school.

TWELFTH LEGISLATIVE ASSEMBLY STATE OF NORTH DAKOTA

CHAPTER 266. [S. B. No. 60— Talcott.]

AX ACT to Provide a System of Free Public Schools for the State of North Dakota, and to repeal Sections 747, 748, 749, 750, 751, 752, 753, 754, 755, 756, 757, 75$, 759, 760, 761, 762, 763, 764, 765, 766, 767, 768, 769, 770, 77i, 772, 773, 774, 775, 776, 777, 778, 779, 780, 781, 782, 783, 784, 785, 786, 787, 788, 789, 790, 791, 792, 793, 794, 795, 796, 797, 798, 799, 800, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840, 841, 842, 843, 844, 845, 846, 847, 848, 849, 850, 851, 852, 853, 854, 855, 856, 857, 858, 859, 860, 861, 862, 863, 864, 865, 866, 867, 868, 869, 870, 871, 872, 873, 874, 875, 876, 877, 878, 879, 880, 881, 882, 883, 884, 885, 886, 887, 888, 889, 890, 891, 892, • 893, 894, 895, 896, 897, 898, 899, 900, 901, 902, 903, 904, 905, 906, 907, 908, 909, 9io, 911, 912, 913, 9M, 915, 9i6, 9i7, 9i8, 919, 937, 938, 939, 940, 94i, 942, 943, 944, 945, 946, 947, 948, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 966, 967, 968, 969, 970, 97i, 972, 973, 974, 975, 976, 977, 978, 979, 980, 981, 982, 983, 984, 985, 986, 987, 988, 989, 990, 99i, 992, 993, 994, 995, 996, 997, 998, 999, 1000, 1001,, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, ion, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, and Section 1038 of the Revised Codes of 1905 With Any and All Amend- ments Thereto, and also Chapters 49, 98, 100, 103, 124, 153 and 201 of the Session Laws of 1909.

Be It Enacted by the Legislative Assembly of the State of North Dakota: ARTICLE I— SUPERINTENDENT OF PUBLIC INSTRUCTION.

§ i. QUALIFICATIONS OF, TERM OF OFFICE,] There shall be elected by the qualified electors of the state at the time of choosing members of the legislative assembly, a superintendent of public in- struction, who shall have attained the age of twenty-five years, who shall have the qualifications of an elector for that office, and be the holder of a teacher's certificate of the highest grade, issued in this state. He shall hold his office at the seat of government for the term of two years, commencing on the first Monday in January following his election, and until his successor is elected and qualified.

§ 2. TO PRESERVE MISCELLANEOUS DOCUMENTS.] He shall pre-

serve in his office all books, maps, charts, works on education, school reports and school laws of other states and cities, plans for school buildings and other articles of educational interest and value which may come into his possession as such officer, and at the expiration of his term he shall deliver them together with

12 GENERAL SCHOOL LAWS

the reports, statements, records and archives of his office to his successor.

§ 3. SUPERVISION OF SCHOOLS.] He shall have the general su- pervision of the public schools of the state and shall be ex-officio a member of the board of university and school lands and of the normal school board of the state.

§ 4. TO FURNISH SCHOOL SUPPLIES, BLANKS, ETC.] He shall

prepare, cause to be printed and furnishel to the proper officers or persons all district clerks' record books and warrant books, school treasurers' record books, school registers, reports, state- ments, notices and returns needed or required to be used in the schools or by the school officers of the state. He shall prepare and furnish to school officers, through the county superintendents, lists of publications approved by him as suitable for district libraries; such lists shall contain also the lowest price at which each publication can be purchased and such other information relative to the purchase of district libraries as he may deem requisite.

§ 5. PRESCRIBE COURSE OF STUDY.] He shall prepare and pre- scribe a course of study for all the common schools of the state.

§ 6. ADVISE COUNTY SUPERINTENDENTS.] He shall counsel with and advise county superintendents and boards of education in special or independent school districts upon all matters involving the welfare of schools and he shall, when requested, give them written answers to all questions concerning the school law. He shall decide all appeals from the decision of the county super- intendents and may for such decisions require affidavits, or veri- fied statements or sworn testimony as to the facts in issue. He shall prescribe and cause to be enforced, rules of practice and regulations pertaining to the hearing and determination of ap- peals and necessary for carrying into effect the school laws of the state.

§ 7. CONFERENCE WITH COUNTY SUPERINTENDENTS.] He shall meet with any or all of the county superintendents of the state at such time and place as he shall appoint, giving them due notice of such meeting, and it shall be their duty to attend such meet- ings. The object of such meetings shall be to accumulate valu- able facts relative to schools, to compare views, to discuss prin- ciples, to hear discussions and suggestions relative to the exam- inations and qualifications of teachers, methods of instruction, text books, institutes, visitation of schools and other matters relating to the public schools.

§ 8. RULES FOR TEACHERS' INSTITUTES.] He shall prescribe rules and regulations for the holding of teachers' institutes and teachers' training schools, and after counseling and advising with the county superintendent shall appoint conductors and assistants therefor. He shall prescribe the course of instruction for teach- ers' institutes and for teachers' training schools.

STATE OF NORTH DAKOTA .13

§ 9. To ASSIST AT TEACHERS' INSTITUTES.] He shall when prac- tical, attend and assist at teachers' institutes and aid and encourage generally, teachers in qualifying themselves for the successful discharge of their duties; he shall labor faithfully in all practicable ways for the welfare of the public schools of the state, and shall perform such other duties as shall be required of him by law.

§ 10. RECORD OF OFFICIAL ACTS.] He shall keep a complete record of all "his official acts and shall file in his office all appeals and the papers pertaining thereto.

§ 11. SEAL.] He shall provide and keep a seal by which all his official, acts may be authenticated.

§. 12. BIENNIAL REPORT, WHAT TO CONTAIN.] He shall, on or before the first day of November preceding the biennial session of the legislative assembly, make and transmit to the governor a report showing:

1. The number of school districts, schools, teachers employed and pupils taught therein and the attendance of pupils and studies pursued by them.

2. The financial condition of the schools, their receipts and ex- penditures, value of school houses and property, cost of tuition and salary of teachers.

3. The condition, educational and financial, of the normal and higher institutions connected with the school system of the state and as far as it can be ascertained, of the private schools, acade- mies and colleges of the state.

4. Such general matters, information and recommendations relating to the educational interests of the state, as he may deem important.

§ 13. REPORTS TO BE PRINTED.] Three thousand copies of the report of the superintendent of public instruction shall be printed biennially in the month of December preceding the session of the legislative assembly. One copy shall be furnished to each of the members of the legislative assembly, five to each state edu- cational institution, one copy to each county superintendent of the state, one copy to the president of each school board, one copy to each state officer, one copy to each state and territorial superin- tendent, and twenty copies shall be filed in the office of the super- intendent of public instruction and ten copies in the state library. Copies may be distributed among the various colleges, universities, and libraries of the United States.

§ 14. SCHOOL LAWS TO BE PRINTED.] He shall in the year 1911, and every four years thereafter, cause to be printed, the school laws of the state, with such notes and decisions thereon as may seem to him advisable, and shall furnish them through the office of the county superintendent of schools, to the school officers of the state, and to public libraries within the state. At the close of any biennial session of the legislature he shall publish in pam-

14 GENERAL SCHOOL LAWS

phlet form the laws pertaining to education enacted at that session and shall distribute them as provided for the distribution of the school laws.

§ 15. PUBLICATION OF PROCEEDINGS OF EDUCATIONAL ASSOCIA- TION.] The state superintendent of public instruction is hereby authorized and required to publish annually, as public matter, not to exceed one thousand five hundred copies of the proceedings of the North Dakota Educational Association, the same to be dis- tributed throughout the state by the department 'of public in- struction; provided, that a copy of the proceedings of said associa- tion shall be filed by the secretary or other officer of said association with the superintendent of public instruction, on or before the first day of February of each year.

§ 1 6. SALARY. TRAVELING EXPENSES.] He shall receive an annual salary of three thousand dollars and in addition thereto his actual and necessary traveling expenses incurred in the dis- charge of his official duties, not exceeding one thousand two hundred dollars in any one year, such expenses to be paid monthly on the warrant of the state auditor upon his filing with such auditor an itemized statement of such expenses properly verified. The state superintendent may appoint a deputy for whose official acts he shall be responsible. He may also appoint an assistant whose duty shall be to assist the state superintendent in visiting schools, institutes, attending school officers' meetings and to perform such other duties as the state superintendent may direct. The state superintendent may also appoint such clerks as shall be necessary in carrying on the work of his de- partment

ARTICLE II.— COUNTY SUPERINTENDENT OF SCHOOLS.

§ 17. ELECTION, TERM OF OFFICE.] There shall be elected in each organized county, at the same time other county officers are elected, a county superintendent of schools, whose term of office shall be two years, commencing on the first Monday in January following his election, and until his successor is elected and qualified.

§ 18. QUALIFICATIONS OF.] No person shall be deemed quali- fied for the office of county superintendent in any county, who is not a graduate of some reputable normal school or higher insti- tution of learning, or who does not hold at least a second grade professional certificate, and who has not had at least two years' successful experience in teaching, one year of which shall have been in this state.

§ 19. GENERAL DUTIES.] The county superintendent of schools shall have the general superintendence of the common schools in his county, except those in districts which employ a city super- intendent of schools.

§ 20. GENERAL DUTIES, VISITS.] He shall visit each common school at least once each year and carefully observe the condition

STATE OF NORTH DAKOTA 15

of the school, the mental and moral instruction given, the methods of teaching employed by the teacher, the teachers' ability, and the progress of the pupils. He shall advise and direct the teachers in regard to the instruction, classification, government and discipline of the school and the course of study. He shall keep a record of such visits and by memoranda indicate his judgment of the teachers' ability to teach and govern, and the condition and progress of the school, which shall be open to inspection by any school director.

§ 21. GENERAL DUTIES, BLANKS, TEACHERS' MEETINGS] He shall carry into effect all instructions of the superintendent of public instruction given within his authority. He shall distribute to the proper officers and to teachers all blanks furnished him by such superintendent, and needed by such officers and teachers. Acting under the instructions of the superintendent of public instruction, he may, convene the teachers of his county not to exceed one Saturday in each month during which the public schools are in progress, or if the distance is too great he may convene the teachers of two or more districts in each of the several portions of his county in county or district meetings, for professional instruction and for such other work as may be approved by the superintendent of public instruction. Each teacher shall attend the full sessions of such meetings when required, and participate in the exercise thereof, or forfeit one day's wages for each day's absence therefrom, unless such absence is occasioned by sickness of the teacher or others to whom his attention is due; but when, on account of distance or otherwise, it would impose a hardship upon any teacher to attend, or would cause such teacher to neglect his school, the county superintendent may excuse such teacher from attendance.

§ 22. MEETINGS WITH SCHOOL OFFICERS.] He may arrange for meetings with school officers at designated times and places, due notice of which has been given, for the purpose of inspecting the district records and instructing in the manner of keeping the same, and of preparing the reports of district officers. He shall visit the officers of the several school districts as often as may be necessary to secure the correct keeping of the records.

§ 23. ANNUAL MEETING OF SCHOOL OFFICERS.] He shall con- vene the members and clerks of the school boards in his county, or such representatives of the school officers of each district as the president or members of the school boards may appoint, in case he or they cannot attend personally, for the purpose of discussing plans and methods for the improvement and general care of the schools ; provided, further, such • general meeting shall not occur more than once in each year.

§ 24. RECORD OF OFFICIAL ACTS.] He shall keep a record of all his official acts, and shall preserve all books, maps, charts, and apparatus sent him as a school officer, or belonging to his office.

l6 GENERAL SCHOOL LAWS

He shall file all reports and statements from teachers and school boards and shall turn them over to his successors in office. He shall be provided with a seal by which his official acts may be authenticated.

§ 25. PREPARE MAPS.] He shall, on or before the first day of April of each year, prepare and furnish to the several assessors of the county a correct sectional map of their respective districts, showing the boundaries and names or numbers of all school dis- tricts therein.

§ 26. FILE LISTS.] Immediately after the July meeting of the school boards, the county superintendent shall file with the county auditor and the county treasurer a list of the names of all persons chosen as presidents and clerks of the several school boards in his county.

§ 27. APPORTIONMENT OF STATE TUITION FUND.] He shall make apportionment of the state tuition fund among the school corpora- tions of the county, as provided in this chapter.

§ 28. OFFICE, POSTAGE AND STATIONERY.] He may provide for himself a suitable office for the transaction of official business when not provided therewith by the county commissioners, and such com- missioners shall audit and pay his reasonable accounts for the use and furniture of such office. They shall also furnish him with all necessary books, stationery and postage.

§ 29. To DECIDE QUESTIONS OF CONTROVERSY.] He shall decide all matters in controversy arising in his county in the adminis- tration of the school law or appealed to him from the decision of school officers or boards. An appeal may be taken from his decision to the superintendent of public instruction, in which case a full written statement of the facts, together with the testimony and his decision in the case shall be certified to the superintendent of public instruction for his decision in the matter, which decision shall be final, subject to adjudication or the proper legal remedies in the courts.

§ 30. POWER TO ADMINISTER OATHS.] He shall have power to administer the oath of office to all subordinate school officers, and to witnesses and to examine them under oath in all contro- versies pending before him arising -in the administration of the school laws ; but he shall not receive pay for administering such oath.

§ 31. REPORT DELINQUENT TEACHERS, WHEN.] He shall see to it that the pupils are instructed in the several branches of study required by law to be taught in the schools, as far as they are qualified to pursue them. If any teacher neglects or ^refuses to give instruction as required by law in physiology and hygiene and the nature and effect of alcholic drinks and other narcotics, the county superintendent shall promptly notify the secretary of the board of examiners.

§ 32. REPORT OF STATE SUPERINTENDENT.] He shall, on or before the fifteenth day of September in each year, make and

STATE OF NORTH DAKOTA 17

transmit a report to the superintendent of public instruction, containing such statistics, items and statements relative to the schools of the county, as may be required by such superintend- ent. Such report shall be made upon and conform to the blanks furnished by the superintendent of public instruction for that purpose. He shall not be paid his salary for the last month of his official year until he presents to the county commissioners the receipt of the superintendent of public instruction for such annual report.

£ 33. DEPUTIES. How APPOINTED. SALARY.] In counties having fifty or more schools, the county superintendent may appoint an office deputy, for whose acts as such he shall be responsible, which deputy shall be entitled to a salary equal to fifty per cent of the county superintendent's salary, provided, that in counties having 150 or more schools, the county superintendent shall be allowed one deputy for each 100 schools or major fraction thereof under the supervision of said superintendent. Such deputies shall be for the purpose of assisting the county superintendent in visiting schools and in the general supervision of the educa- tional work of the county. They shall possess the qualifications of the county superintendent of schools specified in section 18 of this chapter and shall each receive a salary of two hundred (200) dollars per annum in excess of that paid to the office deputy.

$ 34. SALARY AND EXPENSES.] The county superintendent of schools shall receive an annual salary equal to that paid to the register of deeds of his county, which salary shall be paid monthly on the warrant of the county auditor on the county treasurer, and in addition thereto he shall receive ten cents per mile for the distance actually and necessarily traveled by him or his field deputy in the discharge of his duties within the county and' in attendance at meetings of county superintendents called by the superintendent of public instruction as provided by law. He shall at the end of every three months make and furnish to the county commissioners an itemized statement subscribed and sworn to of the distance so traveled in the discharge of his duties, which shall be audited and ordered paid by the board of county commissioners.

§ 35. OFFICE POSTAGE AND STATIONERY.] He may provide for himself a suitable office for the transaction of official business when not provided therewith by the county commissioners, and such commissioners shall audit and pay his reasonable accounts for the use and furniture of such office. They shall also furnish him with all necessary books, stationery and postage.

§ 36. SHALL NOT ABSENT HIMSELF FROM COUNTY.] No county superintendent of schools shall engage in any profession or occu- pation, nor shall he absent himself from the county or district for which he is elected, to engage in any occupation, profession or

1.S GENERAL SCHOOE LAWS

pursuit during the term for which he is elected for such time and in such manner as to interfere with the proper discharge of his duties as county superintendent of schools.

ARTICLE III.— COMMON SCHOOL DISTRICTS.

§ 37. EACH SCHOOL DISTRICT A CORPORATION.] Each and every school district in this state now legally organized or which shall be organized hereafter shall be and is hereby constituted a public

corporation to be known and designted as

school district No. of County,

State of North Dakota, with its proper name or number inserted in the blank space provided and with the name of the county in- serted in the blank before the word county; and in its own proper name, or number, as such corporation it may sue and be sued, contract, and be contracted with and may acquire, purchase, hold and use personal and real property for school purposes or for the purposes mentioned in this act and may sell and dispose of the same.

§ 38. WHAT TERRITORY MAY BE ORGANIZED INTO DISTRICT SCHOOL CORPORATIONS.] The county commissioners of each county in the state shall organize into a school district any territory not, at the taking effect of this act, already organized into a school district upon being petitioned so to do by at least one-third of the resi- dents of such territory having the care and custody of any child of school age; provided, such territory shall consist of not less than one congressional township and shall have at least twelve thousand dollars in taxable property and at least ten children of school age residing therein.

§ 39- WHEN SCHOOL CORPORATIONS MAY BE DIVIDED AND AT- TACHED TO OTHER DISTRICTS.] If a portion of any such school dis- trict having not more than ten children of school age residing therein is separated from the other portion of such district by any natural obstacle which practically prevents such children from at- tending school in such other portion, the county commissioners of the county may annex such portion so separated, to an adjoin- ing school district, and the portion so annexed shall constitute a part of such adjacent school district. If such adjacent district lies in another county, the county commissioners of the two counties may jointly make such annexation; provided, that whenever por- tions of a school district lie in different civil townships there may be created therefrom two or more distinct school districts, when in the judgment of such commissioners and the county superinten- dent, such change can be made without detriment to the school or to the pupils therein, and the division can be made by following the boundary line or lines of congressional townships, or the mean- der lines of the government survey.

§ 40. ANNEXATION OF SCHOOL DISTRICTS.] If a town or village not organized into a special district is divided by a civil township line or if such town or village is divided by any county line, the

STATE OF NORTH DAKOTA 19

county commissioners of such county, or the county commissioners of such adjacent counties acting in joint session, as the case may be, may, when petitioned so to do by a majority of the voters of each part of said, town or village, annex one part of such town or village to the adjacent school district which includes the other part of such town or village and the part so annexed shall con- stitute a portion of such adjacent district.

§ 41. WHEN CIVIL TOWNSHIPS MAY CONSOLIDATE INTO SCHOOL DISTRICTS.] In any county in this state, if a civil township, hav- ing less than fifteen persons of school age residing therein, by reason of the irregular course of natural boundary, contains less than twelve square miles of territory, it shall constitute a portion of the adjacent school district with which it has the longest com- mon boundary line.

§ 42. SCHOOL DISTRICTS. How NAMED.] Each school district constituted or formed under the provisions of this article, shall be designated a school district as distinguished from a civil town- ship or congressional township, and shall be named as follows : Each school district which consists of a civil township shall be

named " School District of

County, State of North Dakota," with the name of the civil township which constitutes the districts inserted in the blank before the word "school," and the name of the county in which it is situated inserted before the word "county." Each school district which consists of territory not organized into a civil township, but which has been named by a distinctive name shall have such dis- tinctive name inserted in the blank before the word "school." Each school district consisting of territory not organized into a civil township which has no distinctive name shall be named

"School District No. of County,

State of North Dakota," which is organized for school purposes under the district system at the taking effect of this act, the several school districts shall retain and be known by the number which they have respectively at the time of the taking effect of this act and any school district hereafter formed in any such county shall be known by the number next higher than that of the highest pre- existing numbered district.

§ 43. BOUNDARIES, HOW CHANGED.] The board of county com- missioners and county superintendent of schools may change the boundaries of any school district or consolidate two or more dis- tricts already organized if in their judgment such change is de- sirable or necessary upon being petitioned so to do by a majority of the school voters residing in the districts whose boundaries will be affected by such change.

§ 43^/2. BOUNDARIES TO BE RE-ARRANGED AND RE-ESTABLISHED. How.] The county commissioners and county superintendent of schools of each county which at the taking effect of this act is organized for school purposes under the district system, shall

2O GENERAL SCHOOL LAWS

meet on the second Monday in July, A. D. 1911, at the place where the meetings of such commissioners are usually held, and shall re-arrange and establish the boundaries of the several school dis- tricts of the county, as follows :

1. Each school district now organized, which has less than ten persons of school age residing therein, may be annexed to and form a part of such adjacent district as shall be most con- venient for such persons of school age, if in the judgment of such commissioners and superintendent,, such annexation can be made without detriment to the school or to the pupils residing in such district.

2. Such commissioners and superintendent shall make such changes generally in the boundary line of the school districts of the county, and may organize school districts, as in their judgment will be for the best interests of the schools of the county.

§ 44. NEW COMMON SCHOOL DISTRICTS. HOW ORGANIZED.] The

board of county commissioners and county superintendent may organize a new school district from portions of school districts already organized, if in their judgment the organization of a new district is desirable and necessary, upon being petitioned so to do by at least a majority of the school voters residing in the districts, whose boundaries will be affected by the organization of a new district, and by at least three-fourths of the residents of the ter- ritory to be included in the new district. No school district shall be organized under the provisions of this section which shall have less than $20,000 assessed valuation and shall have residing therein less than twelve children of school age; provided, that when the districts from portions of which such new district is sought to be organized, lie in two or more adjoining counties, such new district shall be organized by the concurrent action of the boards of county commissioners and county superintendents of such counties ; provided further, that action on such organization shall be taken only at the July meeting of the county commissioners when peti- tioned by a majority of the voters residing in each of the districts to be affected.

§ 45. PUBLIC NOTICE GIVEN.] Whenever the board of county commissioners and county superintendent of schools shall be petitioned to organize a new school district or to change the boundaries of districts already organized, the county superin- tendent shall give public notice, for at least thirty days, to the residents of the districts whose boundaries will be affected by the organization of the new district, by mailing a notice to that effect to each school officer of such districts, and by publishing the same in the official newspaper of the county published nearest that district.

§ 46. PLATS OF SCHOOL DISTRICTS PREPARED BY COUNTY AUDI- TOR. RECORD.] The county auditor shall prepare a record or plat of his county showing the boundaries, name or number of school

STATE OF NORTH DAKOTA 21

districts in said county which record shall remain on file in his office. Whenever the boundaries of a school district are changed or a new school district organized the county auditor shall make a record of the same.

§ 47. LEGALIZING IRREGULARITIES.] All school districts, wheth- er duly and legally organized under the provisions of statute, or not, which for one year or more last past had a de facto organi- zation, and also all school districts, whether duly and legally or- ganized under the provisions of statute or not, which have heretofore attached or attempted to attach territory outside of the limits thereof and adjacent to such district, and now included in the territory comprising or exercising the powers of such school district, are hereby declared to be legally organized and are authorized to exercise all the functions of school districts which have been duly and legally organized as provided by stat- ute, with the boundaries which they may have at the time of going into effect of this article, and all contracts and obligations of said districts and the acts of the officials thereof are hereby ratified and confirmed so far as to give them the same validity which they would have had if such districts had been legally organized.

ARTICLE IV.— ELECTION OF OFFICERS IN COMMON SCHOOL DISTRICTS.

§ 48. OFFICERS TO BE ELECTED.] On the first Tuesday in June of each year there shall be elected one school director for the term of three years and on the first Tuesday in June of each even numbered year a school treasurer for the term of two years. Such officers shall hold their respective offices from the second Tuesday in July following their election for the number of years respectively for which they were elected, and until their success- sors are elected and qualified. At the first election for the or- ganization of a new school district there shall be elected at large for such school district three directors, one to serve until the first annual election, one to serve until the second annual elec- tion thereafter and one to serve until the third annual election thereafter, and a school treasurer to serve until the annual elec- tion in the next even numbered year and until his successor is elected and qualified.

§ 49. POLLING PLACES, HOW ESTABLISHED. APPOINTMENT OF ELECTION OFFICERS.] The county superintendent in each county shall, at least twenty-one days prior to the first election in the new district, fix and designate some polling place in each school district so located as to be convenient for the voters of such district, and shall appoint two persons to act as judges and two to act as clerks of the election of such school officers ; such judges and clerks shall be qualified voters in their respective districts. The county superintendent shall notify in writing such judges and clerks of their appointment, and of the place fixed and

22 GENERAL SCHOOL LAWS

designated as the polling place in their respective districts and shall furnish them with the necessary blanks and poll books for such election.- He shall also furnish one of such clerks with three notices of such election specifying the time and place at which such election is to be held. The officers to be elected and term of each which notices such clerk shall post in three of the most public places in the district at least fourteen days prior to such election. The county superintendent shall fix the date and per- form such other duties as devolve upon him by the provisions of this section for the first election in any school district hereafter formed under the provisions of this chapter, and such election shall be called by the county superintendent within thirty days after the formation of such school district.

§ 5O. WHO QUALIFIED TO VOTE OR HOLD .OFFICE.] At any elec-

tion of school officers in any school district in this state all persons who are qualified electors under the general laws of the state and all women twenty-one years of age having the necessary qualifi- cations as to citizenship and residence required of male voters by law, shall be qualified voters and shall be eligible to the office of county superintendent of schools, school director, district treasurer, school district clerk, or member of the board of education, or may be judge or clerk of such election; provided, however, that the county superintendent shall possess the educational qualifications named in Section 18.

§ 51. HOURS POLLS OPEN.] At all elections for school district officers the polls shall be opened at 2 o'clock p. m. and closed at 5 o'clock p. m.

§ 52. NOTICE OF ANNUAL ELECTION.] At least fourteen days before the first Tuesday in June of each year the district school board of each school district shall designate one polling place as convenient as possible to the voters of such district at which such annual election shall be held, and shall cause notice of such election to be posted in at least three of the most public and con- spicuous places within the district. Such notices shall be signed by the clerk or in his absence by the president of the district school board, and shall state the time and place of holding such election, and the officers to be elected and their terms of office, and shall be substantially in the following form :

Notice is hereby given that on Tuesday, the day of

June, A. D. 19 , an election will be held at

(here insert polling place) for the purpose of electing

(here insert officers to be elected and term each is to serve) for

School District No. or for (Here

insert name of school district). The polls will be opened at two o'clock p. m. and closed at 5 o'clock p. m. of that day. By order of School Board,

Signed

STATE OF NORTH DAKOTA 23

§ 53. JUDGE'S OATH.] At such annual election any two of the directors of the school district may act as judges and the clerk of the district school board and one other person to be chosen by the voters present at the opening of the polls, shall act as clerks. The voters present at the opening of the polls shall choose a person to fill any vacancy caused by the absence of either of such officers to act as judge or clerk of such election. Before opening the polls each of the judges and clerks of election shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will perform my duties as judge or clerk (as the case may be) according to law and the best of my ability." Such oath or affirmation may be adminis- tered by any officer authorized to administer oaths or by either of the judges or clerks. Any school officer elected and qualified under the provisions of this chapter is authorized and empowered to administer any oath or affirmation pertaining in any manner to school offices.

§ 54. ELECTION, HOW CONDUCTED, CANVASS OF VOTES.] Such election shall be conducted and the votes canvassed as provided by law for general elections, except as otherwise provided in this chapter. Immediately after the polls are closed the judges shall proceed to count and canvass the votes for each person voted for at such election for any office, and the person receiving the highest number of votes for the office of director shall be declared elected. If the election results in a tie the district clerk shall immediately notify in writing the parties having received such tie votes, and a time shall be agreed upon by the parties, within three days after the election, at which the election shall be de- cided in the manner that may be agreed upon by the parties in the presence of the judges and clerks of election, and a record of the proceedings shall be made in the records of the district clerk.

§ 55. CERTIFICATE OF ELECTION.] The clerk of the school dis- trict shall within five days after such election furnish each per- son elected to any district office, a written notice of his election and of his duty to take the oath of office as such officer on or before the second Tuesday in July following such election. He shall also forward to the county superintendent within ten days after such election, a certified list of all the officers elected thereat.

§ 56. OATH OF OFFICE.] Each person elected to the office of school director or district treasurer shall before entering upon the duties of his office take and subscribe the oath prescribed in sec- tion 211 of the constitution, which oath shall be filed with the clerk of the school district board.

24 GENERAL SCHOOL LAWS

ARTICLE V.— ORGANIZATION MEETINGS AND DUTIES OF COMMON SCHOOL OFFICERS.

§ 57. ORGANIZATION, CLERK.] The school board shall meet an- nually on the second Tuesday in July and organize by choosing one of the members president, and a competent person, not a member of the board, clerk, who shall hold office during the pleasure of the board.

§ 58. DISTRICT SCHOOL BOARD QUORUM.] The three school directors in each school district shall constitute the district school board. A majority of the board shall constitute a quorum and the agreement of a majority shall be necessary to the validity of any contract entered into by the board.

§ 59. MEETINGS OF BOARD. FEES.] The board shall, on the second Tuesday in January, April, July and October of each year, hold regular meetings for the transaction of business at such hour and place as may be fixed by the board. A special meeting may be held upon the call of the president or the other two members. Written notice of the time and place of any special meeting shall be given to each member of the board at least forty-eight hours before the time of such meeting. Each member of the board shall be paid the sum of eight dollars per annum, less two dollars for each regular meeting which he fails to attend ; provided, that in any common school district which contains a graded school of three or more departments the board shall hold regular meetings for the transaction of business on the second Tuesday of each month at such time and place as may be fixed by the board, and in such districts the members of the board shall receive a compensation of one dollar for each meeting attended ; provided, further, the members and clerks receive ten cents a mile for the distance necessarily traveled in attending general meetings of school officers convened by the county superintendent and also a salary of two dollars, but the total sum of such salary and mileage shall not exceed seven dollars for each officer at any one meeting.

§ 60. DUTIES OF THE PRESIDENT.] The president shall preside at all meetings of the board, and shall perform such duties as usually pertain to such office, and in accordance with the custo- mary rules of order. In his absence a president pro tempore shall preside. The president shall perform such other duties as are prescribed in this chapter.

§ 61. . DUTIES OF CLERK. COMPENSATION.] The clerk of the board shall keep an accurate record of all proceedings of the board, give or post all notices, make out all reports and state- ments and perform all other duties required by law or by the board. He shall receive such compensation as shall be fixed by the board, not less than ten dollars for one school and five dollars for each additional school in his district ; provided, that such salary shall not exceed fifty dollars in any one year; provided, further,

STATE OF NORTH DAKOTA 25

that the clerk shall receive such additional compensation for tak- ing the annual school census as the board may allow.

§ 62. TREASURER'S BOND. How APPROVED. VACANCY. How FILLED.] The school treasurer shall on or before the second Tuesday in July following his election and before entering upon his duties, give a bond to the school district conditioned for the honest and faithful discharge of his duties and that he will render a true account of all funds and property that shall come into his hands and pay and deliver the same according to law. Such bonds shall be in such sum as may be fixed by the board but not less than double the sum to come into his hands in any one year as nearly as may be ascertained, which bond shall be signed by two or more sufficient sureties, to be approved by the school board. In case the school board neglects or refuses to approve the bond of such treasurer and the sureties thereon, such treas- urer may present the same to the county superintendent and serve notice thereof upon the board and due proof of such notice being made to the county superintendent, he shall, unless good cause for his delay appears, proceed to hear and determine the sufficiency of the bond and the sureties thereon, and may approve or disapprove the same as the facts warrant. In case of a failure to elect a successor to any school treasurer at the expiration of his term of office, the said treasurer holds over and he shall be required to give a new bond, within ten days after notice by the board. In case of a failure so to do, a vacancy shall be deemed to exist in said office and shall be filled as provided by law. In case a vacancy occurs in the office of the school treasurer, it shall be the duty of the county treasurer of the county wherein such school district is located, upon being notified by the county super- intendent or clerk of such school district that such vacancy exists, to perform the duties of treasurer of such school district until the vacancy is duly filled.

§ 63. WHEN ADDITIONAL BONDS REQUIRED.] Whenever the amount in the hands of the treasurer or subject to his order exceeds two-thirds of the penal sum of his bond or when in the judgment of the board or of the county superintendent the secur- ity on such bond is impaired, the board or county superintendent shall require an additional bond. If the treasurer fails for twenty days to give such additional bond, the office shall be declared vacant and the vacancy shall be filled as provided by this chapter.

§ 63^2. SURETY BONDS. PREMIUMS. How PAID.] Every per- son hereafter elected to the office of district treasurer within the state of North Dakota, be, and is, hereby required to give an official bond in a penal sum to be fixed by the board of directors, which bond shall not be in a less penal sum than double the amount of money likely to come into his hands* in any one year, and such board may by resolution require that such bond shall be executed by some responsible fidelity or surety company auth-

26 GENERAL SCHOOL LAWS

orized and qualified to do business in the state of North Dakota, and subject to approval as provided by law; provided, further, if a surety bond is given it shall be for a sum fixed by the board of directors. The amount of premiums for such security or fidelity bond shall be audited by the board of directors and paid out of the general fund of the district.

§ 63^4. SCHOOL FUNDS. How PAID OUT.] The school treasurer shall keep such account and make such reports as are required of him by law. He shall pay no money out of the funds in his hands except upon the warrant of the school board, signed by the president and countersigned by the clerk. He shall pay all warrants properly drawn and signed when presented, if there is any money in his hands or subject to his order for their pay- ment.

§ 64. WARRANTS TO BE INDORSED WHEN NO FUNDS TO PAY.] When a school district warrant is presented to the district treas- urer for payment and there is no money in his hands or subject to his order belonging to the proper fund for the payment of such warrants, he shall indorse on such warrant, "presented for

payment this day of 19 ,

and not paid for want of funds," and shall sign such indorse- ment. If he has in his hands or subject to his order money for the part payment of such warrant he shall make such part pay- ment and indorse the sum on the warrant and add "balance not paid for want of funds," signing the same. He shall keep a correct register of all warrants so presented and indorsed. Each warrant thus presented and indorsed shall draw interest on the amount unpaid at a rate not to exceed seven per cent, per annum from the date of such presentation and indorsement until paid ; provided, that when there shall come into the hands of the treasurer or subject to his order, money applicable to the pay- ment of any warrant which has been so presented and registered, he shall notify in writing by mail, the drawee of such warrant at his last known place of residence, to present such warrant for payment, and interest shall cease upon every warrant ten days after such notice shall have been sent, and such money shall be held for the payment of such warrant.

§ 65. WARRANTS, WHAT TO SPECIFY.) Each warrant drawn by the clerk or the board on the district treasurer must specify the purpose for which it is drawn, the fund on which it is drawn and the person to whom payable ; and no warrant shall be issued except for indebtedness incurred prior to its issue.

§ 66. OATHS AND BONDS. WHERE TO BE FILED.] All official oaths and bonds of school district officers shall be filed with the district clerk, who shall immediately certify to the county sup- erintendent the fact of such oaths and bonds being filed. Said clerk shall file school treasurer's bond with the county auditor after such bond has been approved by the district school board,

STATE OF NORTH DAKOTA 27

as provided in this chapter. In case of the breach of any of the conditions of the treasurer's bond, the board, through its presi- dent, and in case of his refusal so to do, the county superintend- ent, shall cause an action to be commenced and prosecuted thereon in the corporate name of the district, and any money collected for the district shall be paid to the district treasurer and any money collected for fines shall be paid into the county treasury and be credited to the general school fund of the state. If the board and county superintendent both fail or refuse to bring such action, any taxpayer in the district may commence and prosecute such action, and the necessary expense thereof shall be paid out of the district treasury unless otherwise ordered by the court.

§ 66y2. SALARY OF SCHOOL TREASURER.] The school treasurer shall be paid for his services such sum as shall be fixed by the board not less than five nor more than twenty-five dollars per annum.

ARTICLE VI.— POWERS AND DUTIES OF COMMON SCHOOL

BOARDS.

§ 67. GENERAL POWERS.] The district school board shall have the general charge, direction and management of the schools of the district, and the care, custody and control of all the property belonging to it, subject to the provisions of this chapter; provided that in the employment of teachers, no person related by blood or marriage to any member of the district board shall be hired with- out the unanimous consent of the board.

§ 68. POWER TO ESTABLISH SCHOOLS.] It shall organize, main- tain and conveniently locate schools for the education of children, of school age within the district, and change or discontinue any of them as provided by law.

§ 69. REPAIRS, FUEL AND SUPPLIES.] It shall make all neces- sary repairs to school houses, outbuildings and appurtenances, and shall furnish fuel and all necessary supplies for the schools and provide for janitor service.

§ 70. FURNITURE. MAPS. REGISTER. SCHOOL LIBRARY.] It shall furnish to each school all necessary and suitable furniture, maps and apparatus, including any dictionary which is recognized as a standard authority. The school register and all school blanks used, shall be those furnished by the state department of public instruction. It may appropriate and expend each year not more than twenty-five dollars for each school, or separate department thereof, of the district for the purpose of a school library, to be selected by the school board, and the teacher, from any list of books authorized by the superintendent of public instruction, and fur- nished by him to the county superintendent for that purpose, and it shall not purchase any books which have not been approved by the superintendent of public instruction.

28 GENERAL SCHOOL LAWS

§ 71. CARE OF LIBRARY. LIBRARIAN.] It shall have the care and custody of the library and may appoint as librarian any suitable person, including one of their number, but whenever practicable, the library shall be kept in the school house and always so when school is in session. It shall make rules to govern the circulation and care of the books while in the hands of the pupils or other persons, subject to the general rules as may be prescribed by the state superintendent of public instruction, and may impose and collect penalties for injuries done to any book by the act, negligence or permission of the person who takes the same or while in his possession, but no book shall be loaned to any person not a resident of the district. It may at any time temporarily exchange any part or all of its library with any other district or persons, so far as different books may be ob- tained, but each district shall recall its books before the close of the school term. It may at any time accept donations of books for the library, but it shall exclude therefrom all books unsuited to the cultivation of good character and good morals and man- ners, and no sectarian publications, devoted to the discussion of sectarian differences and creeds shall be admitted to the library. It shall be held accountable for the proper care and preservation of the library, and shall report annually to the county superin- tendent all library statistics which may be required by the blanks furnished for that purpose by the superintendent of public instruction.

§ 72. TEACHERS, How EMPLOYED. SALARIES.] It shall employ the teachers of the school district and may dismiss a teacher at any time for plain violation of contract, gross immorality, or flag- rant neglect of duty. No person shall be permitted to teach in any public school who is not the holder of a teacher's certificate or a permit to teach, valid in the county or district in which such school is situated, and every contract for the employment of a teacher must be in writing and such contract must be executed before such teacher begins to teach in such school ; provided, that no teacher holding a valid certificate shall receive less than forty- five dollars per month. Nothing in this section shall be construed to mean that teachers holding the same grade certificate must neces- sarily receive the same salary.

§ 73. PUPILS FROM OTHER DISTRICTS.] It shall have the power to admit to the schools in the district, pupils from other districts, when it can be done without injuring or overcrowding such schools, and shall make regulations for their admission and the payment of their tuition. It shall have the power to arrange with the board of another district for sending to such district such pupils as can conveniently be taught therein, for paying their tuition, and for arranging and paying for their transpor- tation to and from the school in such district ; and when peti- tioned by a majority of the voters of a district it shall be the duty of the board of any district to arrrange for sending to such

STATK OF NORTH DAKOTA

district such pupils as can conveniently be taught therein, for paying their tuition and for arranging and paying for their trans- portation to and from the school in such district. It shall have the power to admit to the schools in the district, pupils residing in unorganized territory adjacent to the district, and to arrange with the parents or guardian of such pupils for paying their tuition ; but in no instance shall a board refuse privileges to or collect tuition from pupils residing in such adjacent unorganized territory, if the parents of such pupils are property holders in the district and pay taxes. It shall also have the power to make proper and needful rules for the assignment and distribution of pupils to and among the schools in the district, and their transfer from one school to another.

£ 74. RULES. SUSPENSION OF PUPILS.] It shall assist and co- operate with teachers in the government and discipline of the schools and may make proper rules and regulations therefor. It may suspend or expel from school any pupil who is insubordinate or habitually disobedient, but such suspension shall not be for a longer period than ten days nor such expulsion beyond the end of the current term of school.

§ 75. BRANCHES OF STUDY.] Subject to the approval of the county superintendent, it shall have power to determine what branches, if any, in addition to those required by law shall be taught in any school of the district.

§ 76. TAX LEVY. NOTICE TO COUNTY AUDITOR.] It shall have power to levy upon the property in the district a tax for school purposes of not exceeding thirty mills on the dollar in any year, which levy shall be made by resolution of the board prior to the twentieth day of July. The clerk shall immediately thereafter notify in writing the county auditor of the amount of tax so levied. It shall not have powrer to abate or reduce the amount of tax so levied after the county auditor has been notified of the amount of such levy.

£ 77. WHEN SCHOOL HOUSES CAN BE USED FOR OTHER PUR- POSES.] It may permit a school house, when not occupied for school purposes to be used under careful restrictions for any proper purpose, giving equal rights and privileges to all religious denomi- nations or political parties, but for any such use or privilege it shall not be at any cost for fuel or otherwise to the district. Nor shall any furniture which is fastened to the floor be removed, and whoever removes any school furniture for any other purpose than repairing the same or for repairing the school room, shall be guilty of a misdemeanor and shall be fined not less than five nor more than ten dollars for each offense. All fines imposed and collected under the provisions of this section shall be paid into the general school fund of the state.

§ 78. SCHOOL HOUSES AND SITES HOW DETERMINED.] Whenever in the judgment of the board it is desirable or necessary to the welfare of the schools in the district, or to provide for the children

3<D GENERAL SCHOOL LAWS

therein proper school privileges or whenever petitioned to do so by one-third of the voters of the district, the board shall call an election of the voters in the district at some convenient time and place fixed by the board, to vote upon the question of the selection, purchase, exchange or sale of a school house site, of the erection, removal, or sale of a school house. Said election shall be con- ducted and the votes canvassed in the same manner as at the an- nual election of school officers.

§ 79. ELECTION, HOW CALLED. PLANS. How PREPARED.] Three notices of the time, place and the purpose of such election shall be posted in three of the most public places in the district at least fourteen days prior to such meeting. If a majority of the voters present at such meeting shall by vote select a schoolhouse site or shall be in favor of the purchase, exchange or sale of the school house, as the case may be, then the board shall proceed to carry out the decision of the voters of the district, provided it shall require a vote of two-thirds of the voters present and voting at such meeting to order the removal of the school house, and such school house so removed cannot again be removed within three years from the date of such meeting; and, further, if the question of removing the school house fails to carry, then the question of removing such school house cannot again be raised within one year; provided, further, that whenever a school house is to be pur- chased, erected or constructed in a common school district, the school board shall consult with the county superintendent of schools and the county superintendent of health with regard to plans pro- viding for the proper construction, lighting, heating and venti- lating; provided, further, that it shall be the duty of the state superintendent of public instruction to furnish plans for school houses of one and two rooms that will be in accord with the best ideas pertaining to heating, lighting, ventilation and other sanitary requirements; provided, further, that school boards and county superintendents shall secure from a competent carpenter or architect complete specifications and blue prints for plans fur- nished by the state superintendent of public instruction, or approved plans that may be furnished by said carpenter or architect, at a cost not to exceed twenty-five dollars for a one-room school house and forty dollars for a two-room school house. A copy of such plans and specifications shall be filed in the office of county super- intendent.

§ 80 BOARD OF INSPECTION.] The county superintendent of health, the chairman of the board of county commissioners and the county superintendent of schools of each county are hereby constituted a board for the purpose of inspecting school houses and outbuildings with reference to their sanitary condition and when- ever the county superintendent of schools shall report to said board of inspection that a school house or outbuilding is in an unsani- tary or unsafe condition, said board shall inspect the same and shall direct the district school board to make such changes or

STATE OF NORTH DAKOTA 3!

repairs as are necessary to make such building or buildings, sani- tary, safe and fit for school purposes.

§ 81. SCHOOL HOUSE SITES, HOW OBTAINED AND MAXIMUM AREA ALLOWED.] The school board of any school district may take, in the corporate name thereof, any real property not exceeding five acres in area chosen as a site for school house, as provided in this chapter, and may hold and use such tract for school pur- poses only. Should the owner of such real property refuse or neglect to grant and convey such site, a site for a school house may be obtained by proceeding in eminent domain, as provided in the Code of Civil Procedure. If this site so selected is not used ior the purpose for which it is taken, for two successive years, it shall revert to the original owner or his assigns upon payment of the sum originally paid by the school district. If such owner or his assigns neglects or refuses to make such repayment for one year after demand therefor by the board, such site shall be the property of the district.

§ 82. SCHOOLS TO BE ORGANIZED ON PETITION.] If a petition signed by the persons charged with the support and having the custody and care of nine or more children of school age, all of whom 'reside not less than two and one-half miles from the nearest school, is presented to the board, asking for the organi- zation of a school for such children, the board shall organize such school and employ a teacher therefor, if a suitable room for such school can be leased or rented at some proper location not more than two and one-half miles distant from the residence of any one of such children, and if no suitable room for such school can be leased or rented, the board shall call a meeting of the voters of the district for the selection and purchase or erection of a school house, as provided for in section 79. If at such meeting no such site is selected or if it is not voted to erect or purchase a school house for such school, the board shall select and purchase a school house site and erect, purchase or move thereon a school house at a cost of not more than twelve hundred dollars for such school house and furniture therefor; provided, that the provisions of this section shall not apply in instances where schools have been consolidated in accordance with the pro- vision of section 84.

§ 83. SCHOOL TERMS, HOW ARRANGED AND WHEN DISCONTIN-

r i-i).] The district board shall determine and fix the length of time the schools in the district shall be taught each year, and when each term of school shall begin and end. It shall so arrange such terms as to accommodate and furnish school privileges equally and equit- ably to pupils of all ages; provided, that every common school shall be kept in session for not less than seven months in each school year ; provided, further, that any school may be discontinued when the average attendance of pupils therein for ten consecutive days shall be less than four, and all contracts between school boards and teachers shall contain a provision that no compensation shall be

32 GENERAL SCHOOL LAWS

received by such teacher from the date of such discontinuance, if proper and convenient school facilities be provided for the pupils therein in some other school.

§ 84. CONSOLIDATION. CONVEYING PUPILS.] The district board may call, and, if petitioned by one-third of the voters in the dis- trict, shall call an election to determine the question of "con- veying pupils at the expense of said district to and from schools already established," or "'of consolidating two or more schools, and of selecting a site and erecting a suitable building, or of making suitable additions to buildings already erected, to accommodate the pupils of schools to be vacated." Said elections shall be con- ducted, both as to notices and as to manner of canvassing the votes, in the same manner as the annual school election. If a majority of the votes cast at such election are in favor of convey- ing the pupils at the expense of the district to and from schools already established or of consolidating two or 'more schools and of providing a suitable building for the accommodation of the pupils of vacated schools, then the board shall make all necessary arrangements to carry out the decision of the district. The board shall arrange for the transportation of pupils to and from such schools. It shall establish routes of travel, adopt rules and regu- lations for such transportation and shall contract with responsible parties for such transportation.

§ 85. ADDITIONAL SCHOOL TIME.] If a majority of the patrons of any school averaging for its last term eight or more pupils in daily attendance, shall petition the board to continue such school for an additional time, the board shall continue such school for that length of time if there are funds in the treasury sufficient for that purpose.

§ 86. DISTRICT HIGH SCHOOLS. How ESTABLISHED AND CON- TROLLED.] In any district containing four or more schools, and having an enumeration of sixty or more persons of school age re- siding therein the board may call, and if petitioned so to do by ten or more voters in the district, shall call a meeting of the voters of such district, in the manner prescribed in section 79 to deter- mine the question of establishing a district high school. If a majority of the voters at such meeting vote in favor of estab- lishing such high school, the meeting shall further proceed to select a site therefor, and to provide for the erection or purchase of a school building or for the necessary addition to some school building therefor. Thereupon the board shall erect or purchase a building or make such addition for such high school, as shall be determined at such meeting and shall establish therein a .district high school containing one or more departments, and employ teachers therefor.

§ 87. LENGTH OF TERM.] Such high school shall be kept in session for such time each year, not less than four months, as the board may determine. The board shall, subject to the ap- proval of the county superintendent, grade such high school, and

STATE OF NORTH DAKOTA 33

prescribe the studies to be pursued therein, and shall have the same management and control thereof as of the elementary schools in the district.

§ 88. ADJACENT DISTRICTS MAY JOIN.] Two or more adjacent school districts may join in the establishment and maintenance of such high school, or for a graded school or for both, when em- powered so to do by a majority of the voters in each district, at a meeting called and held as provided for in this section, in which case the building and furniture occupied and used for such high school or graded school shall belong to the districts so uniting and all the costs of maintaining such school, or schools, including the wages of teachers and all necessary supplies shall be paid by such districts in proportion to the assessed valuation of the property in each; and the employment of teachers therefor, and the management, control and grading thereof shall be vested in the joint boards of such districts, subject to the approval of the county superintendent of the county in which such districts are located.

§ 89. SCHOOL CENSUS. ANNUAL REPORT.] The school board shall cause an enumeration to be made between the. first and twentieth day of June of each year, of all unmarried persons of school age, being over six and under twenty-one, having their legal residence in the district, giving the names and ages of such persons and the names of parents and guardians having the care and custody of each ; also the name and age of each deaf and dumb, blind, and feeble minded person between the ages of five and twenty-five years, residing in the district, including all such persons as may be too deaf or feeble minded to acquire an educa- tion in the common schools, and the names and post-office address of the parents or guardians of such persons. The enumeration shall be made upon and in accordance with the blanks furnished therefor by the county superintendent, and shall be returned to the county superintendent prior to the tenth day of July.

§ 90. REPORTS. To WHOM SENT.] A copy of the enumeration of such deaf and dumb persons shall be furnished the superin- tendent of the school for the deaf; a copy of the enumeration of such blind persons shall be furnished to the superintendent of the school for the blind ; and a copy of the enumeration of such feeble minded persons shall be furnished the superintendent of the institution for the feeble-minded, by the county superin- tendent immediately upon the receipt of the same. A copy of such enumeration shall also be kept in the office of the district clerk.

§ 91. CLERK'S ANNUAL REPORT.] The board shall also cause the district clerk to make out an annual report for the year be- ginning July ist, and ending June 3Oth, containing such actual and statistical statements and items as shall be required by the superintendent of public instruction, and upon and in accordance with the blanks furnished therefor by the county superintendent.

34 GENERAL SCHOOL LAWS

Such reports shall be carefully examined and certified to as cor- rect by the board at its regular meeting in July, and transmitted to the County Superintendent prior to the ist day of August fol- lowing. A copy of such report shall be filed in the district clerk's office.

§ 92. RECORDS OPEN TO INSPECTION.] All reports, books, records, vouchers, contracts and papers relating to school business in the school district in the office of trie clerk shall at all times be open to the inspection of any director, who shall advise and aid in securing correct records, accounts, and legal reports, and they shall likewise be open to the county superintendent, and any particular paper or record shall be exhibited at reasonable hours to any voter or taxpayer.

§ 93. RECORDS AND TEACHING IN ENGLISH.] All reports and records of school officers and proceedings of all school meetings shall be in the English language, and if any money belonging to any district shall be expended in supporting a school in which the English language is not the medium of instruction exclusively, the county superintendent or any taxpayer of the school corpora- tion may -in a civil action in the name of the corporation recover for such corporation all such money from the officer expending it or ordering or voting for its expenditure.

§ 94. FIRE ESCAPES REQUIRED.] One or more stationary fire escapes, consisting of stairways, shall be attached to the outside of each and every story above the first story, of all school houses in the state having more than one story and not provided with a front and rear exit, each at least four feet six inches in width.

§ 95. DUTY OF SCHOOL OFFICERS.] It shall be the duty of all persons including trustees, boards of directors and boards of edu- cation having charge of such school houses, to comply with the provisions of the last section.

§ 96. PENALTY.] Any and all such persons failing to comply with the provisions of sections 94 and 95 of this act shall be guilty of a misdemeanor.

§ 97. DUTIES OF DISTRICT SCHOOL BOARDS AS TO TREE PLANTING.]

It is hereby made the duty of every district school board in the state of North Dakota to plant trees and shrubs upon the grounds of every school house in their district and to encourage school children to plant such trees and shrubs and to cultivate and protect the same.

§ 98. FENCES.] Where stock is permitted to run at large it is hereby made the duty of the district school board to cause to be erected about the grounds of every school house in each dis- trict a fence sufficient to protect the trees and shrubs upon the school house grounds from destruction by live stock, and such fence shall be provided with convenient gates or stiles ; provided, further, that in the construction of such fence barbed wire shall not be used.

STATE OF NORTH DAKOTA 35

§ 99. FUNDS FOR TREE PLANTING AND CULTIVATION.] The dis^

trict school board is hereby empowered and it shall be its duty to expend not less than ten dollars annually for each school yard out of the funds of the school district for the purpose mentioned in the foregoing section.

§ 100. STABLES IN RURAL DISTRICTS. HITCHING POSTS.] If in any rural school district, a petition signed by the persons charged with the support and having the custody and care of eight or more children of school age is presented to the school board asking for the building of a suitable stable upon the school site, the board shall provide such stable without unnecessary delay. It shall be the duty of the school board in rural districts to provide for sub- stantial hitching posts for each school site in the district.

ARTICLE VII.— SCHOOL FUNDS.

§ 101. STATE TUITION FUND. How RAISED.] The net proceeds arising from all fines and penalties for violation of state laws, from leasing the school lands and the interest and income from the state permanent school fund shall be collected and paid into the state treasury in the same manner as is provided by law for the collection and payment of state taxes, and shall constitute the state tuition fund, which shall be apportioned among the several counties of the state in proportion to the number of children of school age in each as shown by the last enumeration authorized by law.

§ 102. COUNTY TREASURER TO REPORT STATE TUITION FUND QUARTERLY.] It shall be the duty of the county treasurer to re- ceive from the proper officers the net proceeds of fines, penalties and forfeitures for violation of state laws, and all moneys arising from leasing of school lands within the county, and to forward a detailed statement of moneys so collected, specifying the amount received from each of the above sources, to the state auditor at the same time that he is required to make reports of other moneys to such auditor.

§ 103. DUTY OF STATE AUDITOR.] It shall be the duty of the state auditor on or before the third Monday in February, May, August, and November in each year to certify to the superinten- dent of public instruction the amount of the state tuition fund and the superintendent of public instruction shall immediately apportion such funds among the several counties of the state in proportion to the number of children of school age residing in each as shown by the last enumeration provided for by law and certify to the state auditor, state treasurer and to the county treasurer and county superintendent of each county, the amount apportioned to the respective counties. Immediately upon receipt of such apportionment from the state superintendent as herein provided, the state auditor shall draw a warrant upon the state treasurer for the full amount of the state tuition fund apportioned to the several counties and shall deliver the same to the state

36 GENERAL SCHOOL LAWS

treasurer, taking his receipt therefor and shall notify the several county treasurers of the amount due their respective counties and that such warrant has been issued therefor, and the state treasurer shall pay on such warrant to the several county treasurers the amount due their respective counties.

§ 104. FUNDS KEPT SEPARATE.] All moneys arising from in- terest on the permanent school fund and from leasing school lands shall be apportioned under a separate item and such money shall be taken account of as a separate item by all officers making or certifying such apportionment, or through whose hands any por- tion of such funds shall pass and it is further made the duty of the district treasurer to keep such funds separate from all other funds and if at the close of the school year any part of such funds which was apportioned prior to the third Monday of May of such year remains in the hands of the district treasurer, he shall transfer the same to the general fund of the district to which it was apportioned.

§ 105. FUNDS DEFINED. How USED.] All moneys received by the school district from the apportionment made by the superin- tendent of public instruction shall constitute and be designated the state tuition fund. All moneys received from district taxes, from subscription, from sale of property, or from any other source whatever except from apportionment made by the super- intendent of public instruction shall be designated the general fund. In addition to the state tuition fund and the general fund, a sinking fund may be established as provided by this article. The state tuition fund shall be used only in the payment of teachers' salary; provided, that if the amount of state tuition apportioned to any district in any one year is insufficient for the payment of teachers' salary in such district, any money on hand or available belonging to the general fund of such district may be applied to meet such deficiency ; provided, further, that if the state tuition fund apportioned to any district in any one year is more than sufficient for the payment of teachers' wages in such district the portion of such fund in excess of the amount so required shall be transferred to and become a part of the gen- eral fund.

§ 106. FUNDS CONTROLLED AND PAID OUT BY DISTRICT TREAS- URER.] All funds shall be kept in the possession or under the con- trol of and paid out by the district treasurer except as otherwise provided in this chapter, and he shall keep for each district one general account of the entire receipts and expenditures, and sep- arate itemized accounts, as herein provided, for each class of receipts and expenditures. His books shall at all times show by entries under proper heads all receipts of funds and payments made there- from, so as to enable any person readily to ascertain the balance in any fund.

§ IO7. NOT ENTITLED TO TUITION FUND, WHEN. ENUMERATION.]

No school district shall be entitled to receive any portion of the

STATE OF NORTH DAKOTA 37

state tuition fund that fails to make a report of the enumeration of the children of school age in the manner provided by law, nor until the enumeration has been taken and reported as required by law. The county superintendent is empowered to withhold the payment of county tuition from any district whose officers have failed to make the reports required by law ; and, further, the county superintendent shall not authorize the payment of money apportioned to any district unless the bond and oath of the treas- urer of such district has been duly approved and filed as provided by law.

§ 108. ENUMERATION IN NEW DISTRICTS.] New districts organ- ized after the annual enumeration has been taken shall proceed immediately to take the enumeration as provided by law, and after the receipt of such enumeration by the superintendent of public instruction through the county superintendent, the newly organized district shall receive its proportionate share of the funds to be apportioned.

§ 109. APPORTIONMENT OF FUNDS WITHHELD, WHEN.] The county superintendent shall have the right to withhold the appor- tionment of the county tuition fund (two mill tax and school poll tax) from any school district other than the new districts herein provided for, which has not maintained school therein for a period of not less than six school months in each school of said district during the school year preceding such apportionment or has not otherwise provided school facilities for the pupils of that district ; provided, further, that it shall be mandatory upon the county superintendent to withhold the apportionment of the county tuition funds from any district which has not maintained school for a period of at least five months in each school in said district or has not otherwise provided school facilities for the pupils of that district for the school year preceding such appor- tionment; and when such apportionment of county tuition fund shall be withheld by the county superintendent from any dis- trict, it shall revert to the funds from which it was originally apportioned.

§ -no. APPORTIONMENT OF STATE TUITION FUNDS BY COUNTY SUPERINTENDENT.] Within thirty days and not less than twenty days after receiving the certificate of apportionment from the superintendent of public instruction and the certificate from the county auditor as provided for in section 118 of this chapter, the county superintendent shall apportion separately to the several school districts, which are entitled to any portion of the state tuition and special funds within the county, in proportion to the number of children residing in each district over six and under twenty-one years of age as appears from the last enumera- tion authorized by law, upon which the superintendent of public instruction made the apportionment to the several counties, and he shall immediately notify each district treasurer of the amount of tuition fund in the county treasury due the district, and shall

38 GENERAL SCHOOL LAWS

certify to the county treasurer and to the county auditor the amount due each school district. The county treasurer shall deliver to the several school treasurers, upon the order of the county auditor, the amounts apportioned to their respective districts, taking a re- ceipt therefor.

§ in. TREASURER'S ACCOUNTS. ANNUAL SETTLEMENT.] The district treasurer shall open new acocunts with each fund at the beginning of each school year, and the balance of each fund shall be brought down and become a part of the first entry in opening the account for the new year. On the second Tuesday in July, the school board shall make settlement with the district treasurer, and shall carefully examine his books, accounts, and vouchers, and shall ascertain if the amount of all warrants, bonds and coupons paid and redeemed or paid in part, together with the cash in his hands or under his control, is equal to the amount of cash on hand at the beginning of the school year, together with all money received by him from all sources for school purposes during the year. The district treasurer shall deliver to the board at such annual meeting, all warrants, bonds, and coupons paid and redeemed by him during the school year and held by him as vouchers, taking the receipt of the board therefor, and such vouchers shall forthwith be filed with the district clerk. He shall at that meeting make his annual report in triplicate, one copy to be preserved in the treasurer's office, one to be filed with the clerk of the school board and one to be transmitted to the county superintendent of schools, and the board shall cause to be pub- lished an itemized statement of the receipts and expenditures of the preceding year in a newspaper of the county nearest said school district; provided, that if said board or treasurer shall have failed to publish said statement by the first of September following the presentation of the treasurer's annual report, then it shall be the duty of the county superintendent of schools to cause the publica- tion of the same in a newspaper of the county, said publication to be paid for by the school district. The treasurer's reports shall show the following:

RECEIPTS.

The balance at the close of the year.

The amount received into the state tuition fund.

The amount received into the special fund.

The amount received into the county tuition fund.

The amount received into the sinking fund.

EXPENDITURES.

The amount paid for school houses, sites and furniture. The amount paid for apparatus and fixtures. The amount paid for teachers' wages.

STATE OF NORTH DAKOTA 39

The amount paid for services and expenses of school officers.

The amount paid for redemption of bonds.

The amount paid for interest on bonds.

The amount paid for incidental expenses.

The cash on hand at the close of the school year.

Such report shall include such 'other items as may be required by the district board, or the superintendent of public instruction, and shall be upon and in conformity with the blanks furnished him for that purpose.

§ 112. WHEN COUNTY TREASURER TO PAY FUNDS TO DISTRICT TREASURER.] The treasurer of each district shall apply to the county auditor for an order, and the county treasurer shall pay over to him on such order all of the school money collected for such district and all school money apportioned to such district by the county superintendent of and the county auditor shall issue such order; provided, such district treasurer has qualified and filed his oath and bond as provided by law. It shall be the duty of the county treasurer, when payment is made to any school treasurer or any funds herein provided for, immediately to notify the clerk of the school board of the payment of the same.

§ 113. COUNTY TREASURER TO KEEP ACCOUNTS WITH THE SCHOOL CORPORATIONS.] Each county treasurer shall keep a reg- ular account with each school corporation, in which he shall charge himself with all taxes collected by levy of the district school board and all sums apportioned to the district by the county superin- tendent or other authority and all sums received from the district, and he shall credit himself with all payments made to the treasurer of the district, distinguishing between the items paid by apportionment, those from county taxes and those from other sources. He shall also credit himself with all payments for re- demption or endorsements of warrants in the collection of taxes and shall deliver to the district treasurer a duplicate tax receipt for the amount of each warrant so indorsed or redeemed, together with all warrants so redeemed at the time of making other regular payments to the district treasurer. To these credits, to balance the accounts, he shall add all items for legal fees, for collection and other duties.

§ 114. SCHOOL TAXES, HOW AND WHEN COLLECTED.] It shall be the duty of the county treasurer to collect the taxes for school purposes at the same time and in the same manner that the county and state taxes are collected, and full power is hereby given him to sell property for school taxes the same as is provided by law for the collection of other taxes, whenever an error occurs in the tax list of any school district, the school board or board of educa- tion in special or independent districts or districts organized un- der special laws may correct such errors and refund such taxes improperly collected. All penalties and interest collected on de- linquent school taxes shall be applied to the proper fund to which such delinquent taxes belong.

4O GENERAL SCHOOL 'LAWS

ARTICLE VIII.— TAXES.

§ 115. SCHOOL BOARD TO LEVY TAX.] Each district school board shall have power and it shall be its duty to levy upon all property subject to taxation in the district, a tax for school pur- poses of all kinds authorized by law, not exceeding in the aggre- gate a rate of thirty mills on the dollar in any one year. Such tax shall be levied by resolution of the board prior to the twen- tieth day of July of each year, which resolution shall be entered in the records of the proceedings of the board. The clerk shall immediately thereafter notify the county auditor in writing of the amount of tax levied, and such notice shall be in substantially the following form:

STATE OF NORTH DAKOTA, )

\ ss. COUNTY OF \

__ School district

To

County Auditor of County:

Sir:

You are hereby notified that the School Board of

School District has levied a tax of dollars

upon all real and personal property in said school district for school purposes. You will duly enter and extend such tax upon the county tax list for collection upon the taxable property of such school district for the current year.

Dated at this. day of 19—

District Clerk.

§ 116. LEVY TO PAY JUDGMENT.] The notice of a tax levy to pay any judgment against the district shall be in addition to the regular tax and shall be certified to the county auditor under the same general form, as near, as may be; provided, that if the boundaries of such district shall embrace a portion of two counties then the clerk of such district shall certify to the county auditor of the county in which is located the original district to which such portions of the district embraced in the other county is attached, in addition to the tax levy above mentioned, a list and valuation of all property subject to taxation in such portion of such district embraced in the other county, as shown by the assessor making the assessment in such county, township or assess- or's district, and the auditor shall enter such property upon the tax duplicate of his county and levy all school taxes upon the same, and the county treasurer of the county shall collect the taxes lev- ied thereon the same as other taxes are collected and pay the same over as provided by law.

§ 117. TAX, HOW LEVIED.] The county auditor of each county shall at the time of making the annual assessment and levy of

STATE OF NORTH DAKOTA 41

taxes levy a tax of one dollar on each elector in the county for the support of public schools, and a further tax of two mills on the dollar on taxable property in the county, to be collected at the same time and in the same manner as other taxes are col- lected, which shall be apportioned by the county superintendent of schools among the school districts of the county.

§ 118. How APPORTIONED. It shall be the duty of the county auditor on or before the third Monday in February, May, Aug- ust, and November in each year, to certify to the county super- intendent of schools the amount of such county tuition fund, which the county superintendent of schools shall apportion among the several school districts in the same manner as provided for the apportionment of the state tuition fund. The county super- intendent shall file with the county auditor and the county treas- urer a certified statement showing the amount apportioned to each district.

§ 119. APPORTIONMENT OF DELINQUENT TAXES.] It shall also be the duty of the county auditor to certify at the time herein spe- cified the amount of delinquent taxes collected for the special tuition fund prior to those levied for the year 1899 which amounts shall be apportioned by the county superintendent of schools as herein provided.

§ 120. MAXIMUM LEVY FOR FINAL JUDGMENT. TAXES TO BE UNIFORM.] When any final judgment shall be obtained against a school district the board thereof shall levy a tax upon the taxable property of such district not exceeding in amount twenty mills on the dollar in any one year, which shall be used in the pay- ment thereof. The county auditor shall make out, charge and extend upon the tax list against each description of real property and against all personal property, and upon all taxable property of the district, all such taxes for school and judgment of which he has been notified, have been levied by the district in which the property is situated and taxable, in the same manner in which the county and state tax list is prepared, and deliver it to the county treasurer at the same time. All taxes for school purposes shall be uniform upon the property within each school district.

§ 121. INDEBTEDNESS OF DISTRICT. How ADJUSTED WHEN NO LEGAL SCHOOL BOARD EXISTS.] If any school district in the state has for one or more years past, either through failure to elect a school board or through a failure of the county superintendent to appoint a school board, been without a legal school board or if hereafter any school district through such failure to elect or appoint such school board shall be without such legal school board and such district shall have an authorized indebtedness either in bonds, interest due on bonds or otherwise, it shall be the duty of the county superintendent, the county treasurer and county auditor, acting as a board of adjusters, to assess upon the taxable property of such school corporation a tax not to exceed twenty mills on the dollar in any one year upon the assessed valuation

42 GENERAL SCHOOL LAWS

thereof for the payment of the same. Which tax so levied shall be extended upon the tax lists by the county auditor and be col- lected and shall be applied upon and used for the payment of such indebtedness and shall be paid to the creditors of such dis- trict upon the warrant of the county auditor, countersigned by the county superintendent, and all warrants, bonds, interest cou- pons, receipted bills or accounts shall be filed in the office of the county auditor, and in the case such school corporation has a bonded indebtedness, it shall be the duty of such board of ad- justers to levy a tax upon the property of such district sufficient to create a sinking fund for the redemption of such bonds upon the maturity of the same, such sinking fund to be levied and provided for in compliance with the requirements of such bonds.

ARTICLE IX.— SPECIAL DISTRICTS.

§ 122. CITIES GOVERNED BY THE PROVISIONS OF THIS ARTICLE.]

All cities and incorporated towns and villages which have hereto- fore been organized under the general school laws, and which are provided with a board of education, shall be governed by the provisions of this article. Any city, or incorporaled, or platted town or village, may be constituted a special school district in the manner hereinafter prescribed, and shall then be goverened by the provisions of this article ; provided, that any city heretofore or- ganized for school purposes under a special act, may adopt the provisions of this article by a majority vote of the voters therein, in the same manner as is provided for the organization of a new corporation under the provisions of this article.

§ 123. SPECIAL SCHOOL DISTRICTS.] Whenever any platted or incorporated city, town or village shall constitute a portion of a school district, it may be organized into a special school district, alone or with contiguous territory, and the property and indebt- edness of such organized school district divided as hereinafter provided.

§ 124. SUPERINTENDENT SHALL CALL ELECTION ON PETITION. WHEN.] In such cases a petition signed by a majority of the voters of such school district, including women who are legal voters, may be presented to the county superintendent of schools for the division of such school district and the organization of such city, town or village, together with such territory contiguous thereto as may be described in said petition, into a special school district, and setting forth in detail the boundaries of such proposed spe- cial district, the manner and terms of the division of the property, real and personal, and the indebtedness, bonded or otherwise, of such school district as desired by the petitioners, and there- upon such superintendent shall within five days call an election to be held in such proposed special district, incorporated city, town or village, and an election to be simultaneously held in that portion of such school district, situated outside of such proposed special school district, city, town or village.

STATE OF NORTH DAKOTA

43

§ 125. NOTICE GIVEN, ELECTION. How HELD.] Such superin- tendent shall cause notice of each of such elections to be given by publishing notices thereof, stating the time and place of hold- ing such elections, in a newspaper, published in such school dis- trict (if any), and if there is no newspaper published in such school district, then by posting three notices of the election to be held, in such proposed special school district, city, town or village, and in three public places in said district outside of such proposed special school district, city, town or village. Such notices shall be posted or published not less than fourteen days before such election. Such superintendent shall appoint judges and clerks of such elections and the same shall be held and con- ducted in the same manner, and the polls shall be opened at the same time as in other school district elections, and the result of such elections shall be certified and delivered to such superin- tendent within three days after the close of the polls.

§ 126. BALLOTS. How PRINTED.] There shall be printed or written on the ballots used at such election the following state- ment: "For division of (here state the name of the district to be divided) and the division of its property and debts as follows: (here state the boundaries of the proposed special school dis- trict and the manner and terms of such division as set forth in the petition filed)." The voter shall write after such statement the word "yes" if in favor of such division, and the word "no" if against it.

§ 127. SUPERINTENDENT SHALL NOTIFY PRESIDENT OF SCHOOL BOARD.] Such superintendent shall thereupon forthwith notify the president of the school board of such school district and the auditor or clerk of such city, town or village, of the result of such elections.

§ 128. DISTRICTS CONSTITUTED.] If such elections shall each be in favor of the division of such school district, such proposed special school district, city, town or village shall thereafter con- stitute a special school district; and such original school district situated outside of such special school district, city, town or vil- lage, shall constitute a common school district.

§ 129. ELECTION FOR SPECIAL DISTRICT AND COMMON DISTRICT.] The county superintendent shall thereupon call an election for the election of officers of such special school district and common school district, of which election notice shall be given for at least fourteen days ; such elections shall be held as in other cases, in common school districts and special school districts, and such special school district shall thereafter be subject to all provisions of law affecting, other school districts.

§ 130. DIVISION OF PROPERTY.] Such school district and such special school district shall thereupon proceed to divide the prop- erty of such original school district according to such petition and shall be bound respectively to pay the indebtedness of such

44 GENERAL SCHOOL J.AWS

district as provided in such petition, and may make any contracts or conveyances ne:e^sary to carry into effect all the provisions of such petition.

§ 131. BONDED INDEBTEDNESS. TAX TO BE LEVIED TO PAY.] In case such original school district shall have outstanding any bonded debt for the payment of which no sufficient levy of taxes has been made, the board of education of such special school dis- trict and the school board of such school district, shall at the time of making the next annual tax levy, levy a tax sufficient to pay the interest and also the principal of so much of such bonded debt as shall be assumed by said special school district and such common school district respectively as the same mature, and shall designate the amount of such tax to be collected in each year thereafter, and shall certify such levy to the county auditor, who shall thereupon enter and extend upon the tax list in each year the amount of such tax to be collected in that year.

§ 132. BONDED DEBT. SPECIAL SCHOOL DISTRICT AND COMMON SCHOOL DISTRICT TO PAY.] Such special school district and such common school district shall provide for and pay according to the terms of the bonds, such portion of bonded debt as is assumed by it.

§ 133. ADJACENT TERRITORY. How ATTACHED FOR SCHOOL PUR- POSES.] When any special school district has been organized and provided with a board of education under any general law, or a special act, or under the provisions of this article, territory out- side the limits thereof but adjacent thereto may be attached to such special school district by the board of education thereof, upon application in writing signed by a majority of the voters of such adjacent territory; provided, that no territory shall be annexed which is at a greater distance than three miles from the central school in such special district, except upon petition signed by two-thirds of the school voters residing in the territory which is at a greater distance than three miles from the central school in such special district; and upon such application being made, if such board shall deem it proper and to the best interests of the school of such corporation and of the territory to be attached, an order shall be issued by such board attaching such adjacent territory to such corporation for school purposes, and the same shall be entered upon the records of the board. Such territory shall from the date of such order be and compose a part of such corporation for school purposes only. Such adjacent territory shall be attached for voting purposes to such corporation, or, if the election is held in wards, to the ward or wards or election precinct or precincts to which it lies adjacent; and the voters thereof shall vote only for school officers and upon such school questions ; provided, that nothing in this act shall prevent any such adjacent territory from being annexed because of such adja- cent territory being in an adjoining county, and provided, that the county commissioners may detach any part of such adjacent

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45

territory which is at a greater distance than three miles from the central school in such special district and attach it to any adjacent common or special school district or districts upon peti- tion to do so, signed by three-fourths of the legal voters of such adjacent territory; provided, further, that in all cases fourteen days' notice of a hearing before the board shall be given, by pub- lication in the nearest newspaper and posted notices in conspicu- ous places, three in the special district, three in the territory sought to be annexed, and three in the district remaining from which the territory shall be taken. And such territory shall not become a part of the special district until five days after such hearing, upon order of the board as hereinbefore provided; and all assets and liabilities shall be equalized according to section 217.

§ 134. NAME OF BODY CORPORATE.] Every such district shall be a body corporate for school purposes by the name of "The Board of Education of the City, town or village (as the case may

be) of (here insert the corporate name

of the city, town or village) of the State of North Dakota," and shall possess all the powers and duties usual to corporations for public purposes or conferred upon it by this article or which may hereafter be conferred upon it by law ; and in such name it may sue and be sued, contract and be contracted with, and hold and convey such real and personal property as shall come into its possession by will or otherwise; and it shall procure and keep a corporate seal by which its official acts may be attested.

§ 135. CONVEYANCE OF SCHOOL PROPERTY. How EXECUTED.] Any such city or incorporated town or village is authorized and re- quired upon the request of the board of education, to convey to such board of education all property within the limits of any such corporation heretofore purchased by it for school purposes and now held and used for such purposes, the title to which is vested in any such civil corporation. All conveyances for such property shall be signed by the mayor or president of the board of trustees or commission and attested by the clerk of such cor- poration, and shall have the seal of the corporation affixed thereto and be acknowledged by the mayor or president in the same manner as other conveyances of real estate.

§ 136. SPECIAL SCHOOL DISTRICTS. How ORGANIZED.] When a petition signed by one-third of the voters of a city, incorporated or platted town or village, or a school district in which is located a city or incorporated or platted town or village entitled to vote at such election, is presented to the council, commission or board of trustees of such city, incorporated or platted town or village or school district, asking that such city, incorporated or platted town or village or school district be organized as a special school district, such council, commission or hoard of trustees shall within ten days order an elec- tion for such purpose, notice of which shall be given,

46 GENERAL SCHOOL LAWS

and the election conducted and the returns made in the manner provided by law for the annual school election; and the voters of such city, incorporated town or village or school dis- trict shall vote for or against organization as a special school district at such election.

§ 137. ELECTION OF FIRST BOARD OF EDUCATION.] If a majority of the votes cast at such election is for organization as a special school district, another election shall be called in the same man- ner as prescribed in the foregoing section, at which the voters of such city, incorporated town or village or school district shall elect five members of the board of education, two of whom shall serve until the first annual election, two until the second annual election, and one until the third annual election thereafter, and until their successors are elected and qualified, and their respec- tive terms shall be determined by lot.

§ 138. TERMS OF OFFICE. QUORUM.] The board of education of each special district shall consist of five members who shall be elected by the legal voters thereof and who shall hold their office for the term of three years and until their successors are elected and qualified, except as provided for first elections under this article ; and three members shall constitute a quorum for the transaction of business at any legal meeting.

§ 139. COMPENSATION OF MEMBERS. MUST NOT BE INTERESTED IN CONTRACTS.] Each member of such board of education shall receive a compensation of one dollar and fifty cents for each meeting of such board actually attended by him; provided, that no compensation shall be allowed for more than one meeting in each calendar month. The members shall not be interested, directly or indirectly in any contract for making any improve- ments or repairs, or for erecting any building or for furnishing any materials or supplies for their district

§ 140. MEETINGS OF BOARD.] The annual meeting of such board of education shall be held on the second Tuesday in July following the anual election, at which time the newly elected members shall assume the duties of their office. The board shall meet for the transaction of business as often as once in each calendar month thereafter and may adjourn for a shorter time. Special meetings may be called by the president or in his absence by any two members of the board or by giving a personal notice to each member of the board or by causing a written or printed notice to be left at his place of residence, at least forty-eight hours before the time of such meeting.

§ 141. ORGANIZATION OF BOARD.] At the annual meeting on the second Tuesday in July of each year such board of education shall organize by electing a president from among its members who shall serve for one year; and they shall also elect a clerk, not one of their own number, who shall hold his office during the pleasure of the board and receive such compensation for his ser- vices as shall be fixed by the board. In the absence of the presi-

STATE OF NORTH DAKOTA 47

dent at any meeting, a president pro tempore may be elected by the board.

§ 142. DUTIES OF PRESIDENT.] The president shall preside at all meetings of the board, appoint all committees whose appoint- ment is not otherwise provided for and sign all warrants ordered by the board to be drawn upon the treasurer for school moneys and perform other acts required by law.

§ 143. DUTIES OF CLERK. RECORDS.] The clerk shall keep a true record of all the proceedings of the board, take charge of its books and documents, countersign all warrants for school moneys drawn upon the treasurer by order of the board and affix the corporate seal thereto and perform such other duties as the board may require. The records, books, vouchers and papers ot the board shall be open to examination by any taxpayer of the district. Such record or a transcript thereof certified by the clerk and attested by the seal of the board, shall be received in all courts as prima facie evidence of the facts therein set forth.

§ 144. POWERS AND DUTIES OF BOARD.] Each board of educa- tion shall have the power and it shall be its duty:

1. To establish a system of graded common schools which shall be free to all children of legal school age, residing within such special district, and shall be kept open not less than seven nor more than ten months in any year.

2. To establish and maintain such schools in its city, town or village as it shall deem requisite or expedient and to change or discontinue the same.

3. To establish and maintain a high school, whenever in its opinion the educational interests of the corporation demand the same, in which such courses of study shall be pursued as shall be prescribed or approved by the superintendent of public in- struction, together with such additional courses as such board of education may thereafter deem advisable to establish.

4. To purchase, sell, exchange and hire school houses and rooms, lots or sites for school houses, and to fence and otherwise improve them as it deems proper.

5. Upon such lots and upon such sites as may be owned by such special district, to build, alter, enlarge, improve and repair school houses, outhouses and appurtenances as it may deem ad- visable.

6. To purchase, sell, exchange, improve and repair school ap- paratus, text books for the use of the pupils, furniture and ap- pendages, and to provide fuel for the schools.

7. To have the custody of all school property of every kind and to see that the ordinances and by-laws of the city or village in relation thereto are observed.

8. To contract with, employ and pay all teachers in such schools and to dismiss and remove for cause any teacher when- ever the interests of the school may require it; but any such teacher shall be required to hold a certificate to teach, issued by

48 GENERAL SCHOOL LAWS

the county superintendent or the superintendent of public instruc- tion, and if any such teacher holds only an elementary certificate the board may impose such further requirements as the best in- terests of the several grades may require. No person who is re- lated to any member of the board, by blood or marriage, shall be employed as a teacher without the concurrence of the entire board.

9. To employ, should it deem expedient, a competent and dis- creet person as superintendent of schools for a period not to exceed three years, and to pay such person a reasonable salary ; such superintendent may be required to act as principal or teacher in such school.

10. To defray the necessary and contingent expenses of the board, including the compensation of its clerk.

11. To adopt, alter and repeal, whenever it may deem exped- ient, rules and regulations for the reception, organization, grad- ing, government and instruction of pupils, their suspension, ex- pulsion or transfer from one school to another. But no pupil shall be suspended or expelled except for insubordination, habi- tual indolence or disorderly conduct; such suspension shall not be for a longer period than ten days, nor such expulsion beyond the end of the current term of school.

12. Each member shall visit, at least twice in each year, all the public schools in the city or village.

13. To make a report on July ist, or as soon thereafter as practicable, of the progress, prosperity and condition, financial as well as educational, of all the schools under its charge, a copy of which, together with such further information as shall be required by the superintendent of public instruction, shall be forwarded to the county superintendent, the same as reports are made by other school districts; and such report or such por- tion thereof as the board of education shall consider advantageous to the public, shall be published in a newspaper in the city or village, and in cities of over eight hundred inhabitants it may be published in pamphlet form.

14. To admit children of persons not living in such special district, and to fix and collect tuition therefor, if in its judg- ment the best interests of the school will permit.

15. To cause an enumeration to be made annually, of the children of school age within such special district, including those residing in 'any territory thereto attached for school purposes, as provided for other school districts, and return the same to the county superintendent.

§ 145. SCHOOL UNDER SUPERVISION OF WHOM.] The schools of each special district shall be under the immediate supervision of the board of education or the school superintendent appointed by such board.

§ 146. TREASURER, CUSTODIAN OF SCHOOL MONEYS.] All mon- •eys from whatever source, which the board of education of any

STATE OF NORTH DAKOTA

special district shall by law be authorized to receive, shall be paid over to the treasurer of the said board and he shall charge the same to the proper fund.

§ 147. TREASURER.] The treasurer of any city, town or village comprising a special district shall be treasurer of the board of education thereof ; provided, however, should the said special school district have within its boundaries and be comprised partly of territory without the limits of said city, town or village, then the said special school district shall elect, at its regular elections, a treasurer in the manner provided by law for the election of school district treasurer.

§ 148. TREASURER. DUTIES OF.] The treasurer of each board of education shall keep a true account of the receipts and expen- ditures of the various funds separately, and shall prepare and submit in writing a quarterly report of the state of the finances of the district, and shall, when required, produce at any meeting of such board, or any committee appointed for the purpose of examining his accounts, all books and papers pertaining to his office. He shall safely keep in his possession or under his con- trol all school moneys coming into his hands, and shall pay out such moneys only upon a warrant signed by the president, coun- tersigned by the clerk and attested by the corporate seal of the board.

§ 149. TREASURER'S BOND.] The treasurer of the board shall execute a bond to such board, with sufficient sureties to be ap- proved by the board, in such sum as such board may from time to time require, as near as can be ascertained in double the amount of the moneys likely to come into his hands, conditioned for the faithful discharge of his duties as treasurer; which bond shall be in addition to his bond to the city, town or village. In case of the failure of the city, town or village treasurer to give such bond within ten days after being required so to do by such board of education, such treasurer's office shall become vacant and the council or board of trustees of such city, town or village shall appoint another person to his place, who shall give such additional bonds.

§ 150. TAXABLE PROPERTY.] The taxable property of the whole school corporation including the territory attached for school purposes shall be subject to taxation. All taxes collected for the benefit of the school shall be paid in money, and shall be placed in the hands of the treasurer, subject to the order of the board of education.

§ 151. ANNUAL SCHOOL TAX.] The board of education shall on or before the twentieth day of July of each year levy a tax for the support of the schools of the corporation, including any expenditures allowed by law, for the fiscal year next ensuing, not exceeding in any one year thirty mills on the dollar on all the real and personal property within the district which is taxable according to the laws of this state, the amount of which levy

5O GENERAL SCHOOL LAWS

the clerk of the board shall certify to the county auditor, who is authorized and required to place the same on the tax roll of such county to be collected by the county treasurer as other taxes and paid over by him to the treasurer of the board of education of whom he shall take a receipt in duplicate, one of which he shall file in his office and the other he shall forthwith transmit to the clerk of the board of education.

§ 152. EXPENDITURES. CONTRACTS.] No expenditures in- volving an amount greater than one hundred dollars shall be made except in accordance with the provisions of a written contract, and no contract involving an expenditure of more than five hundred dollars for the purpose of erecting any public buildings or making any improvements shall be made except upon sealed proposals and to the lowest responsible bidder, after public notice for fourteen days previous to receiving such bids.

§ 153. BOARD ASSUMES CONTROL AFTER EQUALIZTION OF DEBTS AND PROPERTY.] When any board of education shall be organized under the provisions of this article, it shall, after the equalization hereinafter provided for, assume control of the schools of the city, town or village, and shall be entitled to the possession of all property of the former district or districts or parts thereof lying within such city, town or village, for the use of schools. Such board shall also be entitled to its due proportion of all moneys on hand and taxes already levied but not collected, and shall be liable for a proper amount of the debts and liabilities of such former district, to be determined in the manner provided in this chapter for the equalization, determination and division of debts, property and assets of school districts consolidated or divided.

§ 154. " SPECIAL DISTRICT MAY BECOME PART OF COMMON SCHOOL DISTRICT WHEN.] Any special district organized under the general school laws and provided with a board of education may become a part of the common school district in which it is located, when- ever it is so decided by a majority vote of the school electors of the city, town or village and of such common school district voting at an election called for that purpose. An [election] for such purpose shall be ordered and proper notice thereof given by the board of education of the special district, and the school board of such common school district in the same manner as is required for the election of school officers in such district, when petitioned by one-third of the voters resident in such district; and when so united the determination and division of the debts, property and assets shall be made by arbitration as provided in this chapter for school districts consolidated or divided. Villages not incorporated but heretofore organized under the general school laws and pro- vided with a board of education shall become a part of the school district in which they are located and the determination and division of the property, debts and assets shall be made by arbitration as aforesaid.

STATE OF NORTH DAKOTA 5!

§ 155. ELECTION OF BOARDS OF EDUCATION IN SPECIAL DIS- TRICTS.] On the first Tuesday in June, each year, an election shall be held in each special district at which such members of the board of education shall be elected at large as shall be necessary to fill all vacancies therein caused by expiration of terms of office or otherwise, and each member, elected shall serve for a term of three years commencing on the second Tuesday in July following his election and until his successor is elected and qualified except when elected to serve an unexpired term. The polls shall be open at 9 o'clock a. m. and kept open until 4 o'clock p. m. on the day of such election.

§ 156. NOTICE OF ELECTION.] Such election shall be called by the board of education of such special district, which shall cause notice thereof to be posted or published as required by law for the annual election of civil officers in the city, town or village comprising such special district ; such notice shall be signed by the clerk, or, in his absence, by the president of the board of education of such district, and shall state the time and place of holding such election and what officers are to be elected and their terms.

§ 157. NOTICE OF ELECTION,, FORM OF.] Such notice shall be in substantially the following form:

Notice is hereby given that on Tuesday, the

day of June, A. D an annual election will be

held at (here insert polling place) for the purpose

of electing the following members of the board of education

(here insert terms for which they are to be

elected), for the city, town or village (here

insert name) and the polls will be open at nine o'clock a. m. and closed at four o'clock p. m. of that day. By order of the board of education.

Signed:

Clerk.

§ 158. ELECTION PRECINCTS AND OFFICERS OF ELECTION.] At least fourteen days prior to such election the board of education of each special district shall designate one polling place and appoint two persons to act as judges and two persons to act as clerks. Before opening the polls each of such judges and clerks shall take an oath that he will perform his duties as judge or clerk (as the case may be) according to law and to the best of his ability, which oath may be administered by any officer authorized to administer oaths or by either of said judges or clerks to the others.

§ 159. CANVASS OF RETURNS.] Such election shall be conducted, the votes canvassed in the manner provided by law for election of county officers, and returns shall be made showing the number of votes cast for each person for any office, which shall be signed by the judges and clerks of election, and the person receiving the highest number of votes for each office in the district shall be de-

52 GENERAL SCHOOL LAWS

clared elected, and the returns shall be filed with the clerk of the board of education within two days thereafter.

§ 1 60. CERTIFICATES OF ELECTION.] The clerk of the board shall give to each person elected at such election a certificate stat- ing that he was duly elected as a member of the board of educa- tion and the time he is to take the oath and enter upon the duties of his office. Such clerk shall also, within five days, certify to the county superintendent of schools the persons so elected and their terms.

§ 161. OATH OF OFFICE.] Before entering upon the duties of his office each person elected or appointed as a member 01 the board of education shall take the oath or affirmation prescribed in section 211 of the constitution, which oath shall be filed with the clerk of the board.

§ 162. VACANCIES. How FILLED.] The board of education of each city, town or village shall have power to appoint a person to fill any vacancy which may occur in the board ; and such appointee shall hold his office until the next annual school election, at which time a person shall be elected to serve for the unexpired term; but if such vacancy shall occur within ten days before an annual election, such appointee shall hold office until the annual election in the following year. When any such appointment shall be made the clerk shall certify the same to the county super- intendent.

§ 163. BONDS, HOW AND WHEN ISSUED.] Whenever the taxes authorized by law shall not be sufficient or shall be deemed by the board of education to be burdensome, bonds may be issued and negotiated for the purpose of raising money to purchase a site or to erect suitable buildings thereon, or to fund any out- standing indebtedness, or for the purpose of taking up any out- standing bonds of the school corporation: provided, that the issu- ance of such bonds shall first be authorized by the voters of such special district as hereinafter prescribed. Such bonds shall be signed by the president and clerk and attested by the corporate seal of the board, shall bear the date of their issue, and be payable in not less than five nor more than twenty years from their date, at such place as shall be designated upon their face.

§ 164. DENOMINATION OF BONDS.] The denominations of the bonds which may be issued under the provisions of this article shall be fifty dollars or some multiple of fifty, and shall bear in- terest at not more than five per cent per annum, payable semi- annually on the first day of January, and July in each year, shall show upon their face that they are issued for school purposes, and shall be sold at not less than par. Each bond shall have endorsed thereon the certificate of the clerk stating that such bond is issued pursuant to law and is within the debt limit prescribed by the con- stitution.

§ 165. BONDS. ELECTION FOR ISSUING.] Before issuing any such bonds the board of education shall call an election for the

STATE OF NORTH DAKOTA 53

purpose of submitting to the voters of the district the question of issuing such bonds, notice of which shall be given in the manner prescribed by law for giving notice of the annual election for the several officers of the city, town or village comprising such special district, except that such notice shall be given fourteen days before such election. Such election shall be conducted and the returns made in the manner provided for the annual election of members of the board of education and may be held at the time of the annual school election or at any other time named in such notice. The notice of such election shall clearly state the amount of the bonds proposed to be issued, the time in which they shall be made payable, the purpose for which they are to be issued, and the time and place such election will be held. At such election the voters shall have written or printed on their ballots "for issuing bonds" or "against issuing bonds," and if a majority of the votes cast is for issuing bonds such bonds shall be issued and negotiated by such board of education, but if a majority thereof is against issuing bonds such bonds shall not be issued, nor shall the ques- tion be again submitted for one year thereafter except for a dif- ferent amount and then only upon a written petition of a majority of the votes of the district.

§ 1 66. BONDS TO SPECIFY WHAT. DEBT LIMIT.] The bonds, the issuance of which is provided for in the foregoing section, shall specify the rate of interest and the time when the principal and interest shall be paid; and no district shall issue bonds in pur- suance of this article in a sum greater than five per cent, of its assessed valuation, including other debts.

§ 167. LEVY FOR INTEREST AND SINKING FUND.] The board of education at the time of its annual tax levy for the support of schools shall also levy a sufficient amount to pay the interest as the same accrues on all bonds issued under the provisions of this article, and also to create a sinking fund for the redemption of such bonds, which it shall levy and collect in addition to the rate per cent authorized by the provisions aforesaid for school pur- poses, and such amount of funds when paid into the treasury shall be and remain a special fund for such purpose only, and shall not be apportioned in any other way except as hereinafter provided. At or before the issuance of any bonds as herein provided the board shall by resolution provide for such annual levy to pay the interest and to create such sinking fund, and such resolution shall remain in force until all such bonds and the interest thereon shall have been paid.

§ 168. INVESTMENT OF SINKING FUNDS. SCHOOL DISTRICTS.] All moneys raised for the purpose of creating a sinking fund for the final redemption of all bonds issued under article 71 of Chap- ter 9 of the Civil Code of the state shall be invested annually by the board of education of any special school district in this state as follows, viz :

i. In the bonds of this state or of the United States.

54 GENERAL SCHOOL LAWS

2. A special school district board may designate one or more national or state banks in the county where such special school district is situated, as a depositary for such sinking fund, and in such case the school board shall advertise for at least fourteen days in some newspaper printed within the limits of said special school district, if there be one, if not, in the county where said school district is situated, for sealed proposals for the deposit of the sinking fund of such school district, reserving the right to reject any and all bids, and satisfying itself of the responsibility of all banks proposing to act as depositaries. Before any bank shall be designated as such depositary, it shall present to the school board a sealed proposal stating in writing what rate of interest will be paid for the deposit of such sinking funds, and shall submit to the board for its approval a bond payable to the special school district conditioned for the safe keeping and repayment of any funds deposited in such bank, which bond shall be signed by not less than three freeholders of this state as sureties or some surety bond company qualified to do business in this state, and such bond to be in the sum required by the school board and in no case to be less than double the probable amount of the funds to be deposited in such bank. The approval of such bond shall be endorsed thereon by the board and deposited with the county auditor, and any bank whose bond shall have been so approved shall thereupon be designated by the school board as a depositary for the sinking fund, and shall continue as such until such time as the board shall direct the withdrawal of such funds or until such funds are needed for the payment or the purchase of bonds as provided in this act. When the sinking fund of any special school district is deposited by the treasurer of the board of education of said school district in the name of the school district in such depositary, such treasurer and his sure- ties shall be exempt from all liability thereon by reason of loss of any such funds from the failure, bankruptcy or any other act of any such bank, to the extent only of such funds in the hands of such bank or banks at the time of such failure or bankruptcy. Such depositary shall furnish to the clerk of the board of edu- cation of such special school district prior to the fifth day of July of each year, a verified statement of the school district account with such depositary for the year ending June 3Oth, which state- ment shall show a credit to such deposit account of all sums of interest accruing on the sinking fund deposited.

3. The board of education of any special school district may buy and cancel the bonds of such district and pay for the same with the moneys in the sinking fund created to pay such bonds.

4. In first mortgages on farm lands in this state only in the following manner, to-wit :

(a) That said first mortgages and all of them shall run for a period of time not to exceed ten years and that the funds so invested shall bear interest at a rate not less than six per cent

STATE OF NORTH DAKOTA

per annum and such interest when paid shall be covered into and become a part of the said sinking fund.

(b) First mortgage loans shall be made only upon cultivated lands within the state, and in no case on lands of which the ap- praised value is less than seven dollars and fifty cents per acre, and in sums not to exceed forty per cent, of the appraised valua- tion of such lands. Such appraisement to be made by the school board of such special school district or by some competent person designated by them for the purpose.

§ 169. SATISFACTION AND FORECLOSURE OF MORTGAGES.] All or any of said mortgages may be satisfied at any time after five years from the date when made on payment of the full amount due thereon, by any instrument in writing executed in the cor- porate name of the special school district which shall be the payee in all notes taken for loans as herein provided and the mortgagee in all mortgages taken. Such instrument to be executed and ac- knowledged in the same manner as is or may be provided by law for the execution and acknowledgment of transfers of real 'estate by corporations. Such mortgages may be foreclosed by adver- tisement or an action in the name of the special school district in any court of competent jurisdiction as is now or may be pro- vided by law.

§ 170. INTEREST COUPONS.] When the interest coupons of the bonds hereinbefore authorized shall become due they, shall be promptly paid by the treasurer, upon presentation, out of any moneys in his hands collected for that purpose, and he shall indorse in red ink upon the face of such coupons the word "paid" and the date of payment and sign the initials of his name. ' § 171. SECURITY FOR PAYMENT OF BONDS.] The school fund and property of such school corporation and territory attached for such purposes is hereby pledged to the payment of the interest and principal of the bonds mentioned in this article as the same may become due.

§ 172. BOND REGISTER.] The clerk of the board of education shall register in a book provided for that purpose the bonds issued under this article, and all warrants issued by the board, which register shall show the number, date and amount of such bonds and to whom payable.

§ 173. REFUNDING BONDS. ISSUANCE OF.] The board of edu- cation of any special or independent school district shall have power, whenever two-thirds of the members of such board shall deem it necessary for the best interests of such school district, to issue bonds for the purpose of refunding any outstanding bonds when the same become due. Such bonds shall be issued in de- nominations of fifty dollars or some multiple of fifty, and shall not exceed in amount the face value of the bonds they are issued to replace, and shall not bear a higher rate of interest than five per cent per annum, payable semi-annually on the first day of

56 GENERAL SCHOOL LAWS

January and July of each year, nor run for a longer period than twenty years.

§ 174. BONDS MAY BE EXCHANGED.] Such refunding bonds may be exchanged at par for an equal amount of outstanding bonds or may be sold at not less than par value and the proceeds applied solely to the payment of the bonds to be refunded, except that any premium that may be received on the sale of such bonds shall be kept as a separate fund and used for the payment of the interest on such bonds.

§ 175. ISSUE OF BONDS. How GOVERNED.] In the issuance of such refunding bonds the board of education shall be governed by the provisions of sections 165 to 171.

§ 176. SURPLUS FUNDS. How TRANSFERRED.] Any moneys remaining in the treasury of such school districts, appropriated or held for the purpose of paying such bonds so refunded, may, at the discretion of the board of education at any time within six months after such refunded bonds have been taken up and can- celled, be transferred to the building or contingent fund of such district.

ARTICLE X.— INDEPENDENT SCHOOL DISTRICTS.

§ 177. INDEPENDENT SCHOOL DISTRICTS. How ORGANIZED.] Any city heretofore organized for school purposes under a special law and provided with a board of education may become incorporated as an independent school district under the provisions of this article in the manner following: Whenever one-eighth of the legal voters of such city voting at the preceding municipal election shall petition the mayor and council thereof to submit the question as to whether such city shall -establish an independent school district under this article to a vote of the electors in such city it shall be the duty of such mayor and council to submit such question ac- cordingly and to appoint a time and place or places at which such vote may be taken and to designate the persons who shall act as judges at such election, but such question shall not be submitted oftener than once in two years.

§ 178. NOTICE OF ELECTION.] The mayor of such city shall cause at least fourteen days' notice of such election to be given by publishing a notice thereof in one or more newspapers within such city, but if no newspaper is published therein, then by post- ing at least five copies of such notice in each ward or voting pre- cinct.

§ 179. FORM OF BALLOTS. RETURNS.] The ballots to be used at such election shall be in the following form: "For establish- ing an independent school district," or "against establishing an independent school district." The judges of such election shall make returns thereof to the city council whose duty it shall be to canvass such returns and cause the result of such canvass to be entered upon the records of such city. If a majority of the votes cast at such election shall be for establishing an independ-

STATE OF NORTH DAKOTA 57

ent school district, such independent school district shall hence- forth be deemed to be organized under this article and the board of education then in office shall thereupon exercise the powers conferred upon the officers in this article until their successors are elected and qualified.

§ 180. BOUNDARIES OF INDEPENDENT DISTRICTS.] All that portion included within the corporate limits of any city, together with the additions that are now or may be hereafter attached to such city limits shall be constituted and established an independent school district to be designated as the ''Independent School District

of the City of " and a board of education

is hereby established for the same.

§ 181. MEMBERS OF BOARD. How ELECTED. QUORUM.] Such board shall consist of one member from each ward in the city, and when the city is divided into an even number of wards, then such city shall elect one member of such board at large, and when such city is divided into an odd number of wards, such city shall elect two members of such board at large. Such mem- bers shall hold their office for the term of three years and until their successors are elected and qualified. Provided that at the first election in independent districts hereafter organized mem- bers from even numbered wards shall be elected for a term of one year; and members from odd numbered wards for a term of two years; and members at large shall be elected for a term of three years. Provided further that in such cities as have hereto- fore been organized as independent school districts, the term of office for which the members of such independent school districts were elected shall not be changed ; but at the first election of members at large they shall be elected for a term of three years, and the members from even numbered wards shall be elected for the term of one year; and at the first election of members from odd numbered wards, they shall be elected for the term of three years and thereafter the term of office of all of said members shall be three years. A majority of said board shall constitute a quorum for the transaction of business.

§ 182. DATE OF ELECTION. CANVASS OF VOTES.] The election referred to in the foregoing shall be held on the third Monday in April of each year, at the usual polling place for municipal elections in each ward. The mayor shall have authority and is hereby empowered to appoint two judges and one clerk for such election, who shall open the polls at the hour of eleven o'clock in the forenoon and hold the same open until five o'clock, in the afternoon of the same day. Such elections shall be conducted in all respects and the polls closed and votes canvassed in the same manner as municipal elections, and the judges shall have the same power and authority in all respects as the judges of election for municipal officers, and after the votes are canvassed the judges shall make their returns to the city clerk or auditor, as the case may be, within twenty-four hours after the polls are closed and

58 GENERAL SCHOOL LAWS

the city council shall canvass such returns and declare the result within three days thereafter, which result shall be entered upon the records of the city, and it shall be the duty of the city clerk or auditor to issue certificates of election to the persons declared elected. The judges and clerks of election shall receive the same compensation for their services as at municipal elections for mayor and aldermen.

§ 183. VACANCIES, HOW FILLED.] If any vacancy occurs in the board for any cause, the remaining members thereof shall fill such vacancy by appointment until the next annual election, and at such election a new member shall be elected to fill the unexpired term.

§ 184. STYLE AND POWERS OF BOARD.] The board so elected shall be a body corporate in relation to all the power and duties conferred upon it by this article and shall be styled "The Board of education of the Independent School District of the City of

(here insert the name of the city,)" and

as such shall have the power to sue and be sued, contract and be contracted with, and shall possess all the powers usual and inci- dent to such bodies corporate, and such as shall be herein given, and shall procure and keep a corporate seal. At each annual meeting of the board the members thereof shall elect one of their number president of the board, and when he is absent a president pro tempore shall be appointed, who shall preside during such absence. The members so elected shall each qualify by taking the prescribed oath of office within ten days after receiving their cer- tificates of election, and shall assume the duties of their office at the annual meeting of the board held on the first Tuesday in May of each year.

§ 185. RESPONSIBILITY OF BOARD.] The members of the board shall receive no compensation, nor be interested directly or in- directly in any contract for building or making any improvements or repairs provided by this chapter. They shall have the care and custody of all public property in such district pertaining to school purposes and the general management and control of all school matters.

§ 186. MEETINGS OF BOARD.] The regular meetings of the board shall be held on the first Tuesday of each month, and the board may hold special meetings upon notice. The regular meeting may be adjourned for any time shorter than one month. Special meetings may be called by the president or in case of his absence or inability to act, by any three members of the board as often as necessary by giving a personal notice in writing to each member of the board or by causing such notice to be left at his place of residence at least forty-eight hours before the hour of such special meeting.

§ 187. SECRETARY, DUTIES OF.] Such board shall appoint a secretary, who shall hold his office during the pleasure of the board and whose compensation shall be fixed by the board. The

STATE OF NORTH DAKOTA 59

secretary shall keep a record of the proceedings of the board and perform such other duties as the board may prescribe. Such record, or a transcript thereof, certified by the secretary and at- tested by the seal of the board, shall be received in all courts as prima facie evidence of the facts therein set forth ; and such records and all books, accounts, vouchers and papers of the board shall at all times be subject to inspection by the mem- bers of such board or any committee thereof, or by any taxpayer of the district. For the purpose of economy the board may, if deemed advisable, appoint one of its own members secretary. The annual report of the secretary shall con- tain such items as may be required by the superintendent of public instruction.

§ 188. GENERAL POWERS OF BOARD.] The board shall have power and it shall be its duty :

1. To organize and establish such schools in the district as it shall deem requisite and expedient, and to change and discontinue the same.

2. To purchase, sell, exchange and lease school houses and rooms, lots or sites for school houses, and to fence and improve the same.

3. To build, enlarge, alter, improve or repair school houses, outhouses and appurtenances as it may deem advisable upon lots and sites owned by the district.

4. To purchase, sell, exchange, improve and repair school ap- paratus, books for indigent pupils, furniture and appendages and provide fuel for schools.

5. To have the custody and safe keeping of the school houses, outhouses, books, furniture and appurtenances, and to see that the ordinances of the city council in relation thereto are observed.

6. To contract with and employ a superintendent and all teach- ers in such schools for a period not to exceed three years, and remove them at pleasure.

7. To pay the salaries of such teachers out of the money ap- propriated and provided by law for the support of common schools in such district, so far as the same shall be sufficient, and the residue thereof from the money authorized to be raised by this article.

8. To defray the necessary and contingent expenses of the board, including the compensation of the secretary.

9. To have in all respects the superintendence, supervision and management of the public schools of such district and from time to time to adopt, alter, modify and repeal, as they may deem ex- pedient, rules and regulations for their organization, grading, gov- ernment and instruction, for the reception of pupils and their transfer from one school to an'other, for the suspension and expul- sion of pupils subject to the same restrictions as are contained in subdivision IT of section 144, and generally for their good order, prosperity and utility.

60 GENERAL SCHOOL LAWS

10. To prepare and report to the city council of the city such ordinances and regulations as may be necessary and proper for the protection, safe keeping, care and preservation of school houses, lots and sites and appurtenances and all the property belonging to the district connected with or appertaining to the schools within the city limits, and to suggest proper penalties for the violation of such ordinances and regulations, and annually, on or before the first Monday in July, to determine and certify to the county auditor the rate of taxation in its opinion necessary and proper to be levied under the provisions of this article, for the year commencing on the first day of July thereafter, and also at any time to determine how many and what denomination of bonds shall be issued and sold to pay the extraordinary outlays required.

§ 189. POWERS OF BOARD.] The board shall have power and it shall be its duty to levy and raise from time to time, by tax, such sums as may be determined by the board to be necessary and proper for any of the following purposes:

1. To purchase, exchange, lease or improve sites for school houses.

2. To build, purchase, lease, enlarge, alter, improve and repair school houses and their outhouses and appurtenances.

3. To purchase, exchange, improve and repair school apparatus, books, furniture and appendages.

4. To procure fuel, to pay janitors and defray the contingent expenses of the board, including the expenses of the secretary.

5. To pay teachers' salaries after the apportionment of public moneys which may be by law appropriated and provided for that purpose.

§ 190. VISITING SCHOOLS.] Each member of the board shall visit all the public schools in the district at least twice in each year of his official term, and the board shall provide that each of the schools shall be visited' by a committee of three or more of their number at least once during such term.

§ 191. NON-RESIDENT PUPILS.] Such board of education shall have power to allow the children not resident in such district to attend the schools of such district under the control and care of such board, upon such terms as the board shall prescribe, fixing the tuition which shall be paid therefor.

§ 192. COLLECTION OF TAX.] The tax to be levied and collected as aforesaid by virtue of this article shall be collected in the same manner as other county taxes, and for that purpose the board of education shall have power to levy and cause to be collected such taxes as are herein authorized, and shall cause the amount for each purpose to be certified by the secretary to the county auditor in time to be added to and put upon the annual tax list of the county. And it shall be the duty of the county auditor to calculate and •extend upon the annual assessment roll and tax list the tax so

STATE OF NORTH DAKOTA 6 1

levied by such board, and such tax shall be collected as other county taxes are collected.

§ 193. AMOUNT OF TAX LIMITED.] The amount raised for teachers' salaries and contingent expenses shall be only such as together with the public moneys coming to such district from the state and county fund and other sources shall be sufficient to main- tain efficient and proper schools in such district. The taxes for the purchasing, leasing or improving of sites, and the building, purchasing, leasing, enlarging, altering or repairing of school houses shall not exceed in any year twenty mills on the dollar, of the assessed valuation of taxable property of the district, and the board of education is authorized and directed, when necessary, to borrow in anticipation, the amount of the taxes to be raised, levied and collected as aforesaid.

§ 194. AUTHORITY TO ISSUE BONDS.] The board of education of such district is authorized and empowered, and it is its duty whenever the board deems it necessary for the efficient organiza- tion and establishment of schools, including the purchase of school sites and the construction and furnishing of school houses, in such district, and when the taxes authorized by this article shall not be sufficient or shall be deemed by the board to be burdensome upon the tax payers of the district, from time to time to issue bonds of the district in the denomination of fifty dollars or some multiple of fifty, payable at a time not to exceed twenty-five years after date and bearing interest at a rate not to exceed five per cent per annum, payable semi-annually on the first day of Jan- uary and July of each year; and to show upon their face that they are issued for the purpose of building or furnishing a school house or school houses, purchasing grounds on which to locate the same, or to fund any outstanding indebtedness, or for the purpose of taking up any outstanding bonds ; and the said board of education is authorized to cause the same to be sold at not less than par value, and the money realized therefrom deposited with the city treasurer to the credit of such board of education ; and when any bonds shall be so negotiated it shall be the duty of the board to provide by tax for the payment of the prin- cipal and interest of such bonds ; provided, that at no time shall the aggregate amount of such bonds, including all other indebted- ness, exceed fifty mills on the dollar of valuation of the taxable property of such district, to be determined by the last city assess- ment.

§ 195. MONEYS PAID TO CITY TREASURER.] All moneys raised pursuant to the provisions of this article and all moneys which shall by law be appropriated to or provided for such district, shall be paid over to the city treasurer of the city, and the county treasurer shall from time to time as he shall receive the county school funds, and at least once in each month, on the first Monday thereof, pay over to such city treasurer the proportion thereof belonging to such district; and for that purpose the board shall

62 GENERAL SCHOOL LAWS

have the power to cause all needful steps to be taken including census reports or other acts or things, to enable such board to receive the school money belonging to such district, as fully and completely as though such district formed one of the school dis- tricts of the county where the same may be situated.

§ 196. BOND OF TREASURER.] The city treasurer of such city shall give a bond to such board of education in such sum as the board shall from time to time require, with two or more sureties to be approved by the board, conditioned for the safe keeping of the school funds, which shall be in addition to his other bond; and such treasurer and the .sureties upon such bond shall be ac- countable to the board for the moneys that come into his hands, and in case of failure of such treasurer to give such bond when required by the board, or within ten days thereafter, his office shall become vacant and the city council shall appoint another per- son in his place.

§ 197. SCHOOL FUNDS,, HOW KEPT AND PAID OUT.] All moneys required to be raised by virtue of this article shall be paid in cash or in warrants hereinafter provided, drawn on the school fund only, and such moneys and all moneys received by such dis- trict for the use of the common schools therein shall be deposited for safe keeping with such city auditor to the credit of the board of education, and shall by him be safely kept separate and apart from any other funds until drawn from the treasury as herein provided. Such treasurer shall pay out the moneys authorized by this article only upon warrants drawn by the president, coun- tersigned by the secretary and attested by the seal of such board of education.

§ 197^. INVESTMENT OF SINKING FUNDS. SCHOOL DISTRICTS.] All moneys raised for the purpose of creating a sinking fund for the final redemption of all bonds issued under article 71 of Chap- ter 9 of the Civil Code of the state shall be invested annually by the board of education of any independent school district in this state as follows, viz :

1. In the bonds of this state or of the United States.

2. An independent school district board may designate one or more national or state banks in the county where such inde- pendent school district is situated, as a depositary for such sink- ing fund, and in such case the school board shall advertise for at least fourteen days in some newspaper printed within the limits of said independent school district, if there be one, if not, in the county where said school district is situated, for sealed proposals for the deposit of the sinking fund of such school dis- trict, reserving the right to reject any and all bids and satisfy- ing itself of the responsibility of all banks proposing to act as depositaries. Before any bank shall be designated as such de- positary it shall present to the school board a sealed proposal stating in writing what rate of interest will be paid for the de- posit of such sinking funds and shall submit to the board for

STATE OF NORTH DAKOTA 63

its approval a bond payable to the independent school district conditioned for the safe keeping and repayment of any funds deposited in such bank, which bond shall be signed by not less than three freeholders of this state as sureties or some surety bond company qualified to do business in this state, and such bond to be in the sum required by the school board and in no case to be less than double the probable amount of the funds to be deposited in such bank. The approval of such bond shall be endorsed thereon by the board and deposited with the county auditor, and any bank whose bond shall have been so approved shall thereupon be designated by the school board as a deposi- tary for the sinking fund, and shall continue as such until such time as the board shall direct the withdrawal of such funds or until such funds are needed for the payment or the purchase of bonds as provided in this act. When the sinking fund of any independent school district is deposited by the treasurer of the board of education of said school district in the name of the school district in such depositary such treasurer and his sureties shall be exempt from all liability thereon by reason of loss of any such funds from the failure, bankruptcy or any other act of any such bank to the extent only of such funds in the hands of such bank or banks at the time of such failure or bankruptcy. Such depositary shall furnish to the clerk of the board of education of such independent school district prior to the fifth day of July of each year, a verified statement of the school district account with such depositary for the year ending June 30, which statement shall show a credit to such deposit account of all sums of interest accruing on the sinking fund deposited.

3. The board of education of any independent school district may buy and cancel the bonds of such district and pay for the same with the moneys in the sinking fund created to pay such bonds.

§ 198. EXPENDITURES NOT TO EXCEED REVENUES.] .It shall be the duty of the board in all of its expenditures and contracts to have reference to the amount of money which shall be subject to its order during the current year for the particular expenditures in question and not to exceed that amount.

§ 199. TITLE TO PROPERTY OF DISTRICT.] The title of all prop- erty belonging to any such independent school district shall be vested in such district for the use of the schools, and the same while used and appropriated for school purposes shall not be levied upon or sold by virtue of any warrant or execution or other process, nor be subject to any judgment or mechanic's lien or taxation for any purpose whatever; and the district in its corporate capacity may take, hold and dispose of any real and personal property transferred to it by gift, grant, bequest or devise for the use of common schools for the district, whether the same is transferred in terms of such district by its proper name or to any person or body for the use of such schools.

64 GENERAL SCHOOL LAWS

§ 200. REAL PROPERTY. TITLE, HOW CONVEYED.] Whenever any property is purchased by the board a conveyance thereof shall be taken in the name of such district ; and whenever any sale of such property is made by the board, a resolution in favor of such sale shall first be adopted and spread upon the records of the board, and the conveyance of such property shall be exe- cuted in the name of such district by the president of the board attested by the secretary under the seal thereof, and acknowl- edged by such officers. Such president and secretary shall have authority to execute conveyances as aforesaid with or with- out covenants of warranty on behalf of the district.

§ 201. REPORT OF CITY TREASURER.] It shall be the duty of the city treasurer at least fifteen days before the annual election for members of such board and as often as called upon by the board, to prepare and report to such board a true and correct statement of the receipts and disbursements of moneys under and pursuant to the provisions of this article, during the pre- ceding year, which statement shall set forth under appropriate head:

1. The money raised by the board under section 189.

2. The school moneys received from the county treasurer.

3. The money received under section 194.

4. All moneys received by the city treasurer, subject to the order of the board, specifying the scources from which it accrued.

5. The manner in which all money has been expended, spec- ifying the amount under each head of expenditures and the board shall at least one week before such election, cause such statement to be published in all the newspapers of the city which will publish the same gratuitously.

§ 2O2. NEW DISTRICT TO ASSUME DEBTS OF OLD.] School dis-

tricts created under the provisions of this article shall assume all obligations and liabilities incurred by the districts out of which they are formed, if old districts are not divided, and a proportionate part if divided.

§ 203. FORFEIT FOR REFUSAL TO SERVE AS MEMBER OF BOARD.] It shall be the duty of the clerk of said school board immediately after the election of any person as a member thereof, personally or in writing, to notify him of his election, and if any person shall not within ten days after receiving such notice of election, take and subscribe the oath as herein provided and file the same with the city auditor, the board may consider it as a refusal to serve, and fill the vacancy thus occasioned, and the person so refusing shall forfeit and pay to the city treasurer for the bene- fit of the schools of such district a penalty of fifty dollars, which may be recovered in the name of such city by a civil action.

§ 204. CITY COUNCIL TO PASS CERTAIN ORDINANCES.] The city council shall have the power and it shall be its duty to pass such ordinances and regulations as the board of education may rec- ommend as necessary for the protection, preservation, safe keep-

STATE OF NORTH DAKOTA 65

— , _

ing and care of the school houses, lots, sites, appurtenances, lib- raries, and all necessary property belonging to or connected with the schools of the city, and to provide proper penalties for the violation thereof, and all penalties shall be collected in the same manner that the penalties for violation of city ordinances are collected, and when collected shall be paid to the city treas- urer and placed to the credit of the board of education, and shall be subject to its order as herein provided.

ARTICLE XL— BOARD OF* EDUCATION IN CERTAIN CITIES.

§ 205. BOARDS TO BE ELECTED AT LARGE.] In each city not or- ganized under the general law there shall be a board of educa- tion consisting of seven members having the qualifications of electors who shall be elected at large by the electors of such city qualified to vote at school elections ; and, except as may be otherwise provided herein for the first election, two members of such board shall be elected annually and three triennially at a special election to be held on the Tuesday after the first Monday in June; provided, that the provisions of this article shall not apply to cities existing under a special act or which are now under the general school laws.

§ 206. TERM OF OFFICE.] The term of office of a member of the board of education, except as in this article otherwise pro- vided, shall be three years and until his successor is elected and qualified.

§ 207. ELECTIONS, HOW CONDUCTED.] All elections under the provisions of this article shall be called, conducted and the votes canvassed and returned in the manner provided by law for gen- eral city elections.

§ 208. RELATIVES NOT ELIGIBLE AS TEACHERS.] No son, wife or daughter of any member of the school board shall be elegible to a position as a teacher in schools of the district which such member represents except upon the consent of all the members of such board.

§ 209. INDEPENDENT SCHOOL ORGANIZATIONS UNDER SPECIAL LAWS ABOLISHED.] Any independent school district organized for school purposes under a special law, which does not include or is not included in any city or incorporated town or village organized for municipal purposes, shall become a part of the school dis- trict in which it is located by the repeal of the special law organ- izing or governing such independent district. Any independent district organized for school purposes under a special law or under any other law than is contained in this chapter which includes or is included in any city or incorporated town or vil- lage organized for municipal purposes, shall become a special district by the repeal of the special law organizing or governing such independent school district. Any school district or special district so constituted or constituted in part shall be governed by the provisions of this chapter; provided, that nothing herein

66 GENERAL SCHOOL LAWS

shall prevent any such independent district from coming under the operation of this chapter in the manner therein provided.

§ 210. OLD SCHOOL OFFICERS HOLD OVER.] The board of edu- cation or other governing board of such independent district shall continue to exercise the powers and duties devolving upon it under the provisions of such special or other law governing such independent district, the same as though such lj\v had not been repealed, until the second Tuesday in July following the repeal of such special or other law; provided, that all that portion of the general school laws which provides for an annual school election shall apply to such independent district and shall be in full force and effect for the purpose of electing school officers at such annual election ; and such officers shall be elected in and for the whole school district, including the independent district or portion of such independent district located therein, or in and for the special district, the same as though no law had ever ex- isted providing for the organization of such independent dis- trict ; provided, further, that in a special district formed and created as herein provided, a full board of education shall be elected as provided by law for first elections, but in school districts formed as herein provided by the addition of such independent district or portion thereof there shall be elected only such officers as are required to fill the regular vacancies in the school offices of such school district heretofore organized.

§ 211. DEBTS AND ASSETS DETERMINED BY ARBITRATION.] When the boundaries of such school district shall have been arranged as contemplated in this article, the determination and division of consolidation of all debts, property and assets of the several portions of such district or districts so consolidated shall be made by arbitration as provided by law.

ARTICLE XII.— VACANCIES.

§ 212. VACANCY IN OFFICE OF SUPERINTENDENT OF PUBLIC IN- STRUCTION FILLED BY APPOINTMENT.] Should a vacancy occur in the office of the superintendent of public instruction, the govenor shall have power and it shall be his duty to fill such vacancy by appointment, which appointment shall be valid until the next general election and until his successor is elected and qualified.

§ 213. VACANCY IN OFFICE OF COUNTY SUPERINTENDENT.] Should a vacancy occur in the office of county superintendent of schools, the board of county commissioners of such county shall have power and it shall be their duty to fill such vacancy by ap- pointment, as provided by law, which appointment shall be valid until the nexj: general election. The county auditor shall imme- diately notify the superintendent of public instruction of such appointment.

§ 214. VACANCY IN OFFICE OF DIRECTOR OR TREASURER. How FILLED.] When any vacancy occurs in the office of director or ^reasurer of a school district by death, resignation, removal from

STATE OF NORTH DAKOTA 67

the district, or otherwise, the fact of such vacancy shall be imme- diately certified to the county superintendent by the clerk of the district, and such superintendent shall immediately appoint in writing some competent person who shall qualify and serve until the next annual school election. The county superintend- ent shall at the same time notify the clerk of the school district and the county auditor of every such appointment.

§ 215. VACANCY IN OFFICE OF CLERK, HOW FILLED.] Should the office of clerk of a school district become vacant, the school board shall immediately fill such vacancy by appointment and the president of the board shall immediately notify the county superintendent and the county auditor of such appointment.

§ 216. OFFICE, WHEN DEEMED VACANT.] An office of a school district shall become vacant by resignation of the incumbent thereof, but such resignation shall not take effect until a suc- cessor has qualified according to law. Any office of a school district shall be deemed vacant if the person duly elected thereto shall neglect or refuse for the period of two weeks after the beginning of the term for which he was elected, to accept and qualify for such office and serve therein. Any school officer may be removed from office by a court of competent jurisdiction as provided by law.

ARTICLE XIII.— EQUALIZATION OF INDEBTEDNESS.

§ 217. EQUALIZATION OF INDEBTEDNESS BY ARBITRATION.] After the boundaries of a school district have been established as pro- vided for in this chapter, all school districts or parts of school districts that existed as school corporations, or as parts thereof, before the taking effect of this code, and that are now included in one school district, shall effect an equalization of property, funds on hand and debts ; or whenever the boundaries of two or more districts are re-arranged, all districts affected by such change shall effect an equalization of property, funds on hand and debts. To effect this, such school board of such corporation constituting a school district under the operation of this chapter, shall select one arbitrator, and the several arbitrators so selected, together' with th.e county superintendent, shall constitute a board of arbitration to affect such equalization. Tf in any case the number of arbitrators, including the county superintendent, shall be an even number, the county treasurer shall be included and be a member of such board. The county superintendent shall fix a time and place of such meeting.

§ 2l8. TAX TO EQUALIZE AND PAY PREVIOUS DEBTS.] Such

board shall take an account of the assets, funds on hand, the debts properly and justly belonging to or chargable to each corporation, or part of a corporation affected by such change, and levy such a tax against each as will in its judgment justly and fairly equalize their several interests.

§ 219. MAXIMUM ANNUAL TAX LEVY FOR SUCH PURPOSES.]

68 GENERAL SCHOOL LAWS

When the amounts to be levied upon the several corporations, or parts of corporations mentioned in the preceding section, shall be fixed, a list thereof shall be made wherein the amount shall be set down opposite each corporation. The whole shall be stated substantially in the form herein required for certifying school taxes, and addressed to the county auditor, and shall be signed by a majority of such board of arbitration; such levy shall be deemed legal and valid upon the taxable property of each corporation; provided, however, that not more than fifteen mills thereof shall be extended against such taxable property in any one year, and such levy not exceeding fifteen mills on the dollar shall be extended as in this section provided from year to year, until the whole amount shall be so levied. The county auditor shall preserve such levies and shall extend the several rates from year to year, as above required by law for district taxes and the taxes shall be collected at. the same time and in the same maner as other taxes are collected.

§ 220. PROCEEDS TO BE TURNED OVER TO THE RESPECTIVE DIS- TRICTS.] Opposite the several descriptions of property on the tax list shall be entered the school districts within which it lies, and all the proceeds of these equalizing taxes shall be collected and shall be paid over to the proper school district within which the property is situated. The proceeds of taxes upon parts of districts lying outside of the district as at present constituted with which they were equalized shall be paid to the treasurer of the school district within which the property is situated; the same as hereinbefore provided for regular taxes.

§ 221. MAXIMUM TAX LEVY FOR ALL SCHOOL PURPOSES.] The taxes levied for purposes of equalization shall be in addition to all other taxes for school purposes; provided, that all taxes for school purposes, including such taxes for equalization, shall not exceed thirty mills on the dollar in any one year. The provis- ions of this article shall apply to and govern all school districts and parts of school districts hereafter divided or consolidated with each other or with other districts in the divisions, uniting for apportionment of their debts and liabilities or property and assets.

ARTICLE XIV.— BONDS OF COMMON SCHOOL DISTRICTS.

§ 222. SCHOOL BONDS, HOW ISSUED.] Whenever a duly con- stituted school district, under the provisions of this chapter, excepting special or independent school districts, in any organ- ized county in the state at any regular or special meeting held for that purpose, shall determine by a majority vote of all .the qualified voters of such school district present at such meeting and voting, to issue school district bonds for the purpose of building and furnishing a school house and purchasing grounds on which to locate the same, or to fund any outstanding indebt- edness or for the purpose of taking up any outstanding bonds,

STATE OF NORTH DAKOTA 69

the district school board may lawfully issue such bonds in ac- cordance with the provisions of this article.

§ 223. NOTICE OF ELECTION TO VOTE BONDS.] Before the ques- tion of issuing bonds shall be submitted to a vote of the school district, notices shall be posted in at least three public and con- spicuous places in such district, stating the time and place of such meeting, the amount of bonds, proposed to be issued, rate of interest, purpose issued for, and the time in which they shall be made payable. Such notices shall be posted at least fourteen days before the meeting, and the voting shall be done by means of written or printed ballots, and all ballots shall be prepared before the opening of the polls and shall be in substantially the following form :

For issuing bonds in the sum of $ at per

cent., to run years,

Yes No

and if a majority of the votes cast shall be in favor of issuing bonds the school board, through its proper officers, shall forth- with issue bonds in accordance with such vote; but if a majority of all votes cast are against issuing bonds then no further action can be had and the question shall not be again submitted to a vote for one year thereafter, except for a different amount: provided, that the question of issuing bonds shall not be sub- mitted to a vote of the district, and no meeting shall be called for that purpose until the district school board shall have been petitioned in writing by at least one-third of the voters of the district.

§ 224. BONDS, DENOMINATION OF. INTEREST. LlMIT OF IS- SUE.] The denominations of the bonds which may be issued un- der the provisions of this article shall be fifty dollars or some mul- tiple of fifty, and shall bear interest at a rate not exceeding five per cent per annum, payable semi-annually on the first day of January and July in each year, in accordance with interest coupons which shall be attached to such bonds; provided, that the amount of bonds including all other indebtedness shall not exceed five per cent of the assessed valuation of the school dis- trict and may be made payable in not less than ten or more than twenty years from their date.

§ 225. BONDS, RECORD OF TO BE KEPT.] Whenever any bonds are issued under the provisions of this chapter they shall be lithographed or printed on bond paper and shall state upon their face the date of their issue, the amount of the bonds, to whom and for what purpose issued, also the time and place of payment, and the rate of interest to be paid. They shall have printed upon the margin the words "Authorized by Article 14 of chapter of the Session Laws of North Dakota of 1911." Imme- diately after the issuing of school bonds pursuant to this chap-

7O GENERAL SCHOOL LAWS

ter the clerk of the school district so issuing its bonds shall file, with the county auditor of the county in which such district is situated, certified copies of all the proceedings had in such dis- trict relative to the issuing of such bonds and also a statement of the amount of the indebtedness of such school district; and before any of the bonds are disposed of they shall be presented to the county auditor of the county in which the school district issuing the same is situated. He shall carefully examine the records of the proceedings of such school district upon the question of issuing such bonds as* the same are filed with him as hereinbefore directed, and shall satisfy himself by the evidence thus furnished, whether or not all the laws of the state relative to the issuing of such bonds have been complied with. If satisfied that they have been and that the bonds in question have been legally issued, he shall in a book kept for such purpose, preserve a register of each bond showing in sep- arate columns the name of the school district issuing the bonds, the number of such bonds, the denomination thereof, the date of their issue, the date when they will mature, the names of the school officers executing the same and such other facts as may be pertinent and he shall then indorse on each of such bonds the following certificate:

State of North Dakota, )

[ss: County of j

I, _, ' , County auditor, do hereby

certify that the within bond is issued pursuant to law and is within the debt limit prescribed by the constitution of the state

of North Dakota, and in accordance with the vote of

school district at a

(regular or special) meeting held on the day

of A. D., 19 to issue bonds to

the amount of dollars, and is a legal

and valid debt of such school district; that such bonds are fully registered in this office and that such school district is legally organized and the signatures affixed to such bonds are the gen- uine signatures of the proper officers of such school district.

The blanks shall be filed according to the facts, and the cer- tificate officially signed by the county auditor and attested by his official seal. Such bonds shall be signed by the president and clerk of the school board and shall be registered in a book to be kept by the clerk for that purpose, in which shall be entered the number, date and name of the person to whom issued and the date when the same will become due.

§ 226. SINKING FUND AND INTEREST TAX.] In addition to the amount that may already be assessed under existing laws there shall be levied annually, upon the taxable property of the school district so issuing bonds at or before their issuance and collected as other taxes are collected, a sum sufficient to pay interest upon

STATE OF NORTH DAKOTA 71

such bonded indebtedness, and in like manner a further annual tax to create a sinking fund that will at the maturity of such bonds be sufficient to pay the principal thereof, and said sinking fund shall be used for no other purpose, except that whenever there are sufficient funds on hand, belonging to such sinking fund, the school board may in its discretion, purchase any of the outstanding bonds at their market value and pay for the same out of such sinking fund ; provided, that the school district board may designate one or more national or state banks in its county for a depositary for such sinking fund ; and in such case the school board shall advertise for at least two weeks in some newspaper printed in the county for sealed proposals for the deposit of the sinking fund of such school district, reserving the right to reject any and all bids and satisfying itself of the re- sponsibility of all banks proposing to act as depositaries. Before any bank shall be designated as such depositary, it shall present to the school board a sealed proposal stating in writing what rate of interest will be paid for the deposit of such sinking fund, and shall submit to the board for .its approval, a bond payable to the school district conditioned for the safe keeping and re- payment of any funds deposited in such bank, which bond shall be signed by not less than three freeholders of the county or by a surety company as surety, such bond to be in the sum required by the school board but in no case less than double the probable amount of funds to be deposited in such bank. The approval of such bond shall be indorsed thereon by the board and deposited with the county auditor, and any bank whose bond shall have been so approved shall thereupon be designated by the school board as a depositary for the sinking fund, and shall continue as such, until such time as the board shall read- vertise for bids as aforesaid, and new depositaries are desig- nated and qualified, or until such funds are needed for the pay- ment or purchase of bonds as provided in this section. When the sinking fund of any school district is deposited by the dis- trict treasurer in the name of the school district in such deposi- tary, such treasurer and his sureties shall be exempt from all liability thereon by reason of loss of any such funds from the failure, bankruptcy or any other act of any such bank, to the extent only of such funds in the hands of such bank or banks at the time of failure or bankruptcy. Such depositary shall fur- nish to the school district clerk prior to the fifth day of July of each year, a verified statement of the school district's account, with such depositary for the year ending June thirtieth, which statement shall show a credit to such deposit account of all sums of interest accruing on the sinking fund deposited.

§ 227. BONDS, HOW NEGOTIATED.] When any bonds shall be issued under the provisions of this article, the county treasurer shall have authority to negotiate and sell such bonds for not less than par, and the said district treasurer shall apply the pro-

72 GENERAL SCHOOL LAWS

ceeds arising from the sale of such bonds only for the purpose of building and furnishing a school house and purchasing grounds on which the said school house shall be located, or to fund any outstanding indebtedness, according to the express purpose for which such bonds were authorized by the voters, as provided in section 222 of this chapter.

§ 228. COUNTY AUDITOR MAY LEVY TAX TO PAY BONDS. WHEN.] When any school board neglects or refuses to levy a tax in ac- cordance with law to meet outstanding bonds or the interest thereon, the county auditor shall have power to levy such tax and when collected to apply the proceeds to the payment of such coupons and bonds.

§ 229. CANCELLED BONDS, RECORD OF.] When the bonds of any school district shall have been paid by the school board they shall be cancelled by writing or printing in red ink the words "cancelled and paid" across each bond and coupon and the date of payment and amount paid shall be entered in the clerk's regis- ter against the proper number of the bonds and bonds so cancelled shall be filed in the office of the district clerk until all the out- standing bonds are paid, when they shall be destroyed in the pres- ence of the full board.

§ 230. PROPOSALS FOR BUILDING SCHOOL HOUSES.] When any school house is built with funds provided for in the manner herein authorized, the school board shall advertise at least thirty days in some newspaper printed in the county or by posting notices for the same length of time in at least three of the most public and conspicuous places if no newspaper is published in the county for sealed proposals for building such school house in accordance with plans and specifications furnished by the school board, reserving the right to reject any and all bids, and if any of the proposals shall be reasonable and satisfactory such board shall award the contract to the lowest responsible bidder and shall require of such contractor a bond in double the amount of the contract, conditioned that he will properly account for all money and property of the school district that may come into his hands and that he will perform the conditions of his con- tract in a faithful manner and in accordance with its provisions ; and in case all the proposals are rejected, such board shall ad- vertise anew in the same manner as before until a reasonable bid shall be submitted.

§ 231. PROVISIONS OF THIS ARTICLE. How APPLICABLE.] The provisions of this article shall be applicable to and authorize the issuance of bonds by such school districts as have already built school houses and issued orders or warrants therefor, and any such school district may vote to bond the indebtedness in- curred by reason of building and furnishing a school house and purchasing a site for the same and bonds may be issued in the same manner as hereinbefore provided for building and furnish- ing school houses.

STATE OF NORTH DAKOTA 73

ARTICLE XV.— COMPULSORY EDUCATION AND MEDICAL INSPECTION.

§ 232. SCHOOL AGE. WHO EXEMPT FROM COMPULSORY ATTEND- ANCE.] Every parent, guardian or other person who resides in any school district or city and who has control over any child of or between the ages of eight and fifteen shall send every such child to a public school in each year during the entire time the public schools of such district or city are in session; and every parent, guardian or other person having control of any deaf, blind, or feeble minded child or youth between the ages of seven and twenty-one years of age shall be required to send such deaf child to the school for the deaf at the city of Devils Lake for the entire school year, unless excused by the superintendent or principal of such school, such blind child to the school for the blind at Bathgate for the entire school year, unless excused by the superintendent or principal of such school, and such feeble-minded child to the institution for the feeble minded at Grafton; provided, that such parent, guardian or other person having control of any child shall be excused from such duty by the school board of the district or by the board of education of the city or village whenever it shall be shown to their satis- faction, subject to appeal as provided by law, that one of the following reasons therefor exists :

1. That such child is taught for the same length of time in a parochial or private school, approved by the county superin- tendent of schools, subject to the appeal to the superintendent of public instruction ; that no school shall be approved by the county superintendent of schools or superintendent of public instruction unless the branches usually taught in the common schools are taught in such schools.

2. That such child is actually necessary to the support of the family.

3. That such child has already acquired the branches of learn- ing taught in the public schools.

4. That such child is in such a physical or mental condition (as declared by a licensed physician, if required by the board) as to render such attendance inexpedient or impracticable.

If no school is taught the requisite length of time within two and one half miles of the residence of such child by the nearest route, such attendant shall not be enforced, except in cases of consolidated schools where transportation may be arranged by the school board; provided, that in districts where children live beyond the two and one-half mile limit and school facilities are not otherwise provided, the district board shall provide trans- portation for such children to and from school. In districts having consolidated schools where transportation is arranged for by the school board, or in other districts providing transpor- tation, attendance shall be required of pupils residing within five miles of such school or schools; but this provision shall not

74 GENERAL SCHOOL LAWS

apply to deaf, blind or feeble-minded children in this state; pro- vided, further, that this section shall not be construed to apply to parents, guardians or other persons having control of any child or children between the ages of eight and fifteen who de- sire to send such child or children for a total period of not ex- ceeding six months, which may be taken in one or more years, to any parochial school for the purpose of preparing such child or children for certain religious duties.

§ 233. SCHOOLS EQUALLY FREE AND ACCESSIBLE.] The public schools provided for in this chapter shall be at all times equally free, open and accessible to all children over six and under twenty-one years of age residing in the district.

§ 234. PENALTY.] Any such parent, guardian or other person failing to comply with the requirements of the foregoing sections, shall upon conviction thereof be deemed guilty of a misdemeanor, and shall be fined in a sum not less than five nor more than twenty dollars for the first offense and not less than ten dollars nor more than fifty dollars for the second and every subsequent offense, with costs in each case. ,

§ 235. PROSECUTION FOR NEGLECTING THIS DUTY.] It shall be the duty of the superintendent or principal of schools in any city, town or village, or the teacher of any district school, or the county superintendent of schools for children that are deaf, blind or feeble-minded, to inquire into all cases of negligence of the duty prescribed in this article and to ascertain from the per- son neglecting to perform such duty the reason therefor, if any, and in common school districts notify the county superintendent of schools of such neglect; the said county superintendent, upon proper presentation of facts, shall lay the complaint before , the state's attorney, whose duty it will be to proceed forthwith to secure the prosecution for any offense occuring under this arti- cle. In special or independent districts the superintendent or principal of schools shall lay the complaint before the state's attorney who shall proceed as above; provided, further, that the board of education or district school board in any city or school district of over five hundred inhabitants may employ a truant officer who shall perform the duties implied in this section.

§ 236. MEDICAL INSPECTION OF SCHOOLS.] The board of any school corporation may employ one or more physicians as medi- cal inspector of schools. It .shall be the duty of the medical inspector to examine, at least once annually, all children enrolled in the" public schools of the district, except those who present a certificate of health from a licensed physician, and to make out suitable records for each child, one copy of which shall be filed with the county or city superintendent of schools.. Notice of physical defects of abnormal or diseased children shall be sent to the parents, with recommendations for the parent's guid- ance in conserving the child's health. The medical inspector shall co-operate with state, county and township boards of

STATE OF NORTH DAKOTA 75

health in dealing with contagious and infectious diseases and to secure medical treatment for indigent children. It shall be the duty of the county and city superintendents of schools to co-operate with school boards in promoting medical inspection. He may arrange schools by groups, especially in the rural dis- tricts, for the purposes of inspection, and shall advise school boards with a view to securing the most efficient and economical administration of this law. The school board or board of edu- cation shall furnish all blanks and other needed supplies for this purpose.

ARTICLE XVI.— FIXES, FORFEITURES AND PENALTIES.

§ 237. PENALTY FOR NEGLECT OF DUTY BY SCHOOL DIRECTOR, TREASURER OR CLERK.] Each person duly elected to any school dist- rict office, who, having entered upon the duties of his office, shall neglect or refuse to perform any duties required of him by the pro- visions of this chapter, shall upon conviction be fined in the sum of ten dollars and his office shall be deemed vacant.

§ 238. PENALTY FOR FALSE ELECTION RETURNS.] Any judge or clerk of election, school district clerk or county auditor who wil- fully violates the provisions of this chapter in relation to elec- tions or who wilfully makes a false return shall upon conviction be deemed guilty of a felony.

§ 239. SPECULATION IN OFFICE PROHIBITED.] No school officer shall personally engage in the purchase of any school bonds or warrants nor shall any such officer be personally interested in any contract requiring the expenditure of school funds except for the purchase of fuel and the procuring of insurance and such supplies as are in daily use, but not including furniture, or the expenditure of funds appropriated by the state, county, school corporation or otherwise, for any special purpose con- nected with his office. Any violation of this section shall be a misdemeanor.

§ 239A. PENALTY FOR UNLAWFUL DRAWINGS OF SCHOOL MON- EY.] Any person who draws money from the county treasury, who is not at the time a duly qualified treasurer of the school cor- poration for which he draws the money and authorized to act as such, shall be guilty of a misdemeanor and shall upon convic- tion thereof be punished by a fine of not less than twenty-five dollars.

§ 2396. USE OF SCHOOL FUNDS. WHEN EMBEZZLEMENT.] Each

treasurer who shall loan any portion of the money in his hands belonging to any school district, whether for consideration or not, or who shall expend any portion thereof for his own or any other person's private use, is guilty of embezzlement, and no such treasurer shall pay over or deliver the school money in his hands to any officer or person or to any committee to be ex- pended by him or them; but all public funds shall be paid out only by the proper treasurer as hereinbefore provided.

76 GENERAL SCHOOL LAWS

§ 239C. ACTION TO RECOVER MONEY WHEN TREASURER FAILS TO

PAY OVER.] If any person shall refuse or neglect to pay over any money in his hands as treasurer of a school district to his succes- sor in office his successor must, without delay, bring action upon the official bond of such treasurer for the recovery of such money.

§ 2390. PENALTY. WHEN INDORSEMENT OF UNPAID WARRANTS is NOT MADE.] Any violation by a district treasurer of the pro- visions of this chapter requiring indorsement of warrants not paid for want of funds, and the payment thereof in the order of presentation and indorsement is a misdemeanor punishable by a fine not exceeding one hundred dollars.

§ 240. PENALTY FOR FALSE REPORTS.] Each school officer who wilfully signs or transmits a false report to the county super- intendent or wilfully signs, issues or publishes a false statement of facts purporting or appearing to be based upon the books, accounts or records, or of the affairs, resources and credit of the district shall upon conviction be punished by a fine not exceeding fifty dollars or by imprisonment in the county jail not exceeding fifteen days.

§ 241. PENALTY FOR WILFUL DISTURBANCE OF SCHOOL.] Each person whether pupil or not, who wilfully molests or disturbs a public school when in session or who wilfully interferes with or interrupts the proper order of management of a public school by act of violence, boisterous conduct or threatening language, so as to prevent the teacher or any pupil from performing his duty, or who shall in the presence of the school children upbraid, insult or threaten the teacher, shall upon conviction thereof be punished by a fine not exceeding twenty-five dollars or by im- prisonment in the county jail for a period not exceeding ten days, or both.

§ 242. PROPOSALS FOR CONTRACTS.] No contract except for teacher's salary, professional services, janitors' wages, or school text books involving the expenditure of school funds or money appropriated for any purpose relating to the educational system of this state, or any county, district or school corporation there- in, when the amount exceeds one hundred dollars, shall be let until proposals are advertised for a period of ten days, and after such advertisement, only to the lowest responsible bidder. Any violations of this section shall be a misdemeanor.

ARTICLE XVII.— STATE BOARD OF EXAMINERS. EXAMINATIONS AND CERTIFICATES.

§ 243. BOARD OF EXAMINERS.] A state board of examiners is hereby created consisting of the state superintendent of public instruction, who shall be secretary thereof, and four other per- sons actively engaged in educational work in this state who shall be appointed by the govenor each for a term of four years, pro- vided that the term of the first board shall be : two members for a period of four years and two members for a period of two years,

STATE OF NORTH DAKOTA 77

the length of the term of the appointive members to be designat- ed by the governor in making the appointments.

§ 244. ORGANIZATION.] Within fifteen days of the date of their appointment the members shall meet at the state capitol and organize. The board shall annually elect one of its members president. Three of said members shall constitute a quorum. The board shall meet annually on the first Monday in July and at such other times as may be deemed necessary for the proper transaction of business, upon the call of the president or secre- tary.

§ 245. COMPENSATION.] Each appointive member of the board shall receive as full compensation for his services the sum of five dollars per day for each day necessarily and actually em- ployed in the discharge of his duties and in addition thereto his actual and necessary traveling expenses.

§ 246. ANNUAL REPORT.] The board shall, on or before the first day of November of each year, make a report to the gover- nor covering the school year ending June 3Oth, preceding, set- ting forth in detail all its official transactions.

§ 247. DUTIES.] The state board of examiners shall prepare or cause to be prepared all questions for examinations for all certificates to teach in this state, and shall prescribe the rules and regulations governing the same, shall 'examine, mark and file all answer papers for all certificates or cause the same to be done, and shall issue all certificates to teach in the public schools of this state.

§ 248. CERTIFICATES.] There shall be four regular grades of certificates issued by the board of examiners. These shall be issued only to persons of good moral character who fulfill all the requirements specified by law and by the rules and regulations of the board, viz :

(1) The second grade elementary certificate.

(2) The first grade elementary certificate.

(3) The second grade professional certificate.

(4) The first grade professional certificate.

§ 249. SECOND GRADE ELEMENTARY CERTIFICATE.] The second grade elementary certificate shall /be granted to those persons over eighteen years of age who are found proficient in the fol- lowing subjects: reading, arithmetic, language and grammar, geography, United States history, physiology and hygiene (in- cluding physical culture), civil government, pedagogy, and any one of the following named subjects: music, drawing, agricul- ture, nature study, domestic science, manual training; provided, that the board of examiners may in their discretion specify which of the above subjects may be required. The proficiency of the applicants in spelling and writing will be determined from the papers submitted by the applicants. The second grade elementary certificate shall be valid for two years in any county in the state when recorded by the county superintendent of schools. It

78 GENERAL SCHOOL LAWS

shall qualify the holder to teach in any grade in rural and graded schools up to and including the eighth grade, and may be renew- able by the county superintendent of schools under rules pre- scribed by the board of examiners.

§ 250. FIRST GRADE ELEMENTARY CERTIFICATE.] The first grade elementary certificates shall be granted to those persons over twenty years of age who have had at least eight months exper- ience in teaching and who, in addition to those subjects required for a second grade elementary certificate, are found proficient in elements of psychology and four of the following subjects of secondary grade: elementary algebra, plane geometry, physics, physical geography, botany, the elements of agriculture, nature study, manual training, domestic science and American litera- ture. The first grade elementary certificate shall be valid for three years in any county in the state when recorded by the county superintendent of schools. It shall qualify the holder to teach in any grade in any school in the state up to and including the eighth grade and in the ninth grade of schools doing not over one year of high-school work, and may be renewable by the coun- ty superintendent of- schools under rules prescribed by the board of examiners.

§ 251. SECOND GRADE PROFESSIONAL CERTIFICATE.] The second grade professional certificate shall be granted to those persons who are at least twenty years of age and who have had at least nine months experience in teaching and have the qualifi- cations necessary for a first grade elementary certificate, and who in addition are found proficient in the follow- ing subjects of advanced grade: (i) psychology, (2) the history of education, (3) the principles of educa- tion, (4) school administration, (5) methods in elementary subjects, (6) rhetoric and composition, (7) American or English literature, (8) Ancient, English or American history, (9) some one natural science (which may include agriculture), (10) higher algebra, solid geometry, manual training or domestic science. The second grade professional certificate shall legally qualify the holder to teach in any of the common, graded or high schools of the state, except in the high school departments of schools doing four years of high school work. It shall be valid for a period of five years and shall be renewable in the discretion of the board for a period of years or for life.

§ 252. FIRST GRADE PROFESSIONAL CERTIFICATE.] The first grade professional certificate shall be granted to those persons who have substantially the equivalent of a college education, and who have had at least eighteen months' experience in teaching. They shall have all the qualifications necessary for a second grade professional certificate, and in addition thereto, be found proficient in the following subjects: (i) foreign language, (2) a natural science other than the one presented for the second grade professional certificate, (3) ethics, logic of sociology, (4) political science,

STATE OF NORTH DAKOTA 79

economics or domestic science, (5) any two subjects of college grade listed for the second grade professional certificate and not previously offered by the applicant. The first grade professional certificate shall qualify the holder to teach in all the common, graded and high schools of the state, and shall be valid for five years, or for life.

§ 253. SPECIAL CERTIFICATES.] The board may grant special certificates authorizing the holders to teach in any of the com- mon graded or high schools, (i) drawing, (2) music, (3) kinder- garten, or (4) primary subjects, to teachers holding at least a second grade elementary certificate. Special certificates to teach (i) agriculture, (2) commercial subjects, (3) domestic science, or (4) manual and industrial training in the common, graded or high schools of the state, may be issued to applicants who, possess qualifications equivalent to those required for a second grade pro- fessional certificate. The applicant for a special certificate must satisfy the board by examination or otherwise of his proficiency in the subject which the holder is authorized to teach. Special certificates shall be valid for such a term of years as the board shall prescribe.

§ 254. DIPLOMAS ACCREDITED.] The diplomas granted on the completion of the four-year curriculum of Teachers College of the University of North Dakota, shall be accredited as a first grade professional certificate for two years, and after the holder has had nine months successful experience in teaching, satisfactory evi- dence of which having been filed with tthe board, such diploma shall entitle the owner to a first grade professional certificate for life.

(2) The diploma from the advanced, or five year curriculum of the state normal schools, or its equivalent, the two-year cur- riculum for high school graduates, shall be accredited as a second grade professional certificate for two years, and after the holder has had nine months successful experience in teaching satisfactory evidence of which having been filed with the board, such diploma shall entitle the holder to a second grade professional certificate valid for life.

(3) The diploma from the four-year curriculum of the state normal schools or its equivalent, the one-year curriculum for high school graduates shall be accredited as a professional certificate of the second grade for two years, and, after the holder has had nine months successful experience in teaching, satisfactory evi- dence of which having been filed with the board, shall entitle the holder to a second grade professional certificate, valid for five years, which certificate shall be renewable in the discretion of the board.

(4) The certificate of completion issued by the state normal schools to those who complete the ten-and-one-half months' cur- riculum of the state normal schools shall entitle the holder to a second grade elementary certificate.

8O GENERAL SCHOOL LAWS

§ 255. OTHER DIPLOMAS ACCREDITED.] Diplomas from institu- tions within or without the state shall be accredited, and profes- sional certificates issued thereon upon the following basis: (a) the bachelor's diploma from a college ^f recognized standing shall be valid for a period of two years, after its presentation to the board, as a first grade professional certificate, provided, that the diploma implies at least two year courses, or sixteen semester hours, of professional preparation for teaching, or in lieu of such professional study, that the holder of the diploma has had three years successful experience in teaching or in administering schools after receiving such diploma; and after the holder has had nine months of successful experience in teaching, after the presentation of such diploma, satisfactory evidence of such experience having been filed with the board, he shall be entitled to a first grade professional certificate which shall be valid for five years and which shall be renewed for life upon satisfactory evidence of successful experience for five years.

(b) The diploma or certificate from institutions whose cur- riculum is the equivalent of the four-year or the five-year cur- riculum of the state normal schools shall be valid for two years as a second grade professional certificate, provided, that the diploma or certificate implies at least two year courses, or six- teen semester hours, of professional preparation for teaching or, in lieu of such professional study, that the holder of the diploma has had three years of successful experience in teaching or in administering schools after receiving such diploma; and after the holder of such diploma has had nine months of successful .experience, in teaching after receiving such diploma, satisfac- tory evidence of such experience having been filed with the board, he shall be entitled to a second grade professional certi- ficate valid for five years or for life respectively.

§ 256. PERMITS.] A college graduate without experience or the required professional preparation may, for reasons satis- factory to the board, be granted a permit, or probationary certi- ficate, valid until such time, not to exceed six months, as shall be set by the board for his examination on the professional sub- jects, when, if successful he may be granted a certificate, valid for a term of years or for life. Permits to teach till the next regular examination may be granted by the county superin- tendent of schools to any person applying at any time other than the regular examination, who can show satisfactory reasons for not attending the previous examination and satisfactory evi- dence of qualification, subject to the rules and regulations of the board.

§ 257. ACCREDITED WORK.] The board of examiners shall be authorized to accredit, under its rules and regulations, the spe- cific marks or standings given in high schools, summer schools, normal schools and the other institutions of this state, when

STATE OF NORTH DAKOTA 8 1

upon investigation it deems such standings good evidence of pro- ficiency in the subjects specified.

§ 258. HIGH SCHOOL DIPLOMAS.] Diplomas from high schools during four years work granted to graduates who have had psy- chology, pedagogy, and two senior-review subjects shall be ac- credited as second grade elementary certificates; and if within two years from the date of the diploma the holder has had at least eight months' successful experience in teaching, he shall be entitled to a first grade elementary certificate.

§ 259. EXAMINATION CONDUCTED BY COUNTY SUPERINTEN- DENT.] Under the direction of the state board of examiners, the county superintendent shall hold a public examination of all per- sons over eighteen years of age offering themselves as applicants for teachers' certificates, at the most suitable place or places in the county on the second Thursday and Friday in February, May August, and November of each year, and when necessary such examination may be continued on the following day. He shall examine them by a series of written or printed questions, ac- cording to the rules prescribed by the state board of examiners. The county superintendent shall forward all answer papers submitted by applicants immediately after the close of the ex- amination to the state board of examiners, for examination, marking, filing and recording. The state board of examiners by its president and secretary shall grant to each applicant a cer- tificate of qualification, if from the percentage of correct answers required by the rules, said applicant is found to possess the requisite knowledge and understanding to teach, in the common schools of the state, the various branches required by law; pro- vided, that sufficient evidence is furnished that the candidate is a person of good moral character, has had successful experience, if any, and possesses an aptness to teach and govern.

§ 260. PAPERS TO BE KEPT ON FILE. APPEALS.] The written answers of applicants for ' elementary certificates, after being duly examined under the direction of the state board of exam- iners, shall be kept on file in the office of the secretary of the board of examiners for a period of six months after such exam- ination, and any applicant thinking an injustice has been done him, may, by paying a fee of one dollar in the institute fund of the county and notifying both the county superintendent and the secretary of the board of examiners of the same, have his papers specially re-examined by the board, and, if such answer papers warrant it, the state board of examiners shall issue such applicant an elementary certificate of the proper grade.

§ 261. QUALIFICATIONS OF TEACHERS.] No certificate or per- mit to teach shall be issued to any person under eighteen years of age, and no first grade elementary certificate to any person who is under twenty years of age, and who has not taught successfully eight months school. First and second grade elementary certifi- cates may be renewed without examination, under such require-

82 GENERAL SCHOOL LAWS

ments as shall be imposed by the state board of examiners. The certificates issued by the state board of examiners shall be valid in any county in this state when recorded by the county superin- tendent of schools.

§ 262. TEACHER MUST HOLD CERTIFICATE, TO BE RECORDED.] No person shall be employed or permitted to teach in any of the public schools of the state, except those in cities organized for school purposes under special laws, or organized as independent districts under the general school laws, who is not the holder of a lawful certificate of qualification or a permit to teach, and no teacher's certificate, issued by the state board of examiners nor a teacher's diploma granted by any institution of learning in this state shall entitle a person to teach in such public schools of any county, unless such certificate or diploma shall have been recorded in the office of the county superintendent of the county in which the holder is engaged to teach, and it shall be the duty of the county superintendent to record such certificate or diploma.

§ 263. CERTIFICATES, WHEN REVOCABLE.] The state board of examiners is authorized and required to revoke and annul at any time a certificate granted in this state, for any cause which would have authorized or required it to refuse to grant the same, if known at the time it was granted, and for incompetency, im- morality, intemperance, cruelty, crime against the laws of the state, breach of contract, refusal to perform his duty, or for the general neglect of the work of the school. The revocation of the certificate shall terminate the employment of such teacher in the school where he may be at the time employed. Such teacher must be paid up to the time of receiving notice of such revocation. The state board of examiners shall immediately cause notice to be sent to the clerk of the school district where such teacher is employed and notify the teacher through the clerk, of such revocation; and it shall also notify each county superintendent in the state, and shall enter its action in such case on its records.

§ 264. PROCEEDINGS TO REVOKE. TEACHER ALLOWED DEFENSE.] In proceedings to revoke a certificate the board of examiners may act upon personal knowledge or upon competent evidence obtained from others. In the latter case action shall be taken only after a fair hearing, and the teacher must be notified of the charge and given an opportunity to make a defense at such time and place as may be stated in such notice. Upon their own knowledge the board may act immediately without notice, after an opportunity has been afforded such teacher for personal explanation. When any certificate is revoked the teacher shall return it to the secretary of the state board of examiners, but if such teacher refuses or neglects so to do the board may issue notice of such revocation by publication in some newspaper printed in the county where the accused was last employed.

§ 265. FEES FOR CERTIFICATES.] The state board of examiners shall require a fee of five dollars from each applicant for a first

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grade professional certificate, and a fee of three dollars from each applicant for a second grade professional certificate or for a special certificate. The same fee shall be charged for a renewal of a professional or special certificate as is charged for its issuance. The county superintendent shall collect a fee of two dollars from each applicant for an elementary certificate, and a fee of one dollar for each renewal of an elementary certificate. A deposit of the fee required for any certificate sought must be made when a permit is issued, which deposit shall be forfeited in case the applicant fails to take the following examination.

§ 266. DISPOSITION OF FEES.] One dollar of each fee collected by the county superintendent from the applicants for elementary certificates, and all fees received for the renewal of elementary certificates shall be paid into the county teachers' institute fund to be used in support of teachers' institutes or teachers' training schools for the county as provided by law, and one dollar of each fee from applicants for elementary certificates shall be forwarded to the state board of examiners who shall deposit all fees received by them in the state treasury as a fund from which to pay the clerical help, per diem and all other expenses incurred by the board in the discharge of their duties, and to aid in the establishment and maintainance of teachers' reading circles and in the professionalizing of teaching in such other ways as the board may deem advisable.

ARTICLE XVIII.— DUTIES OF TEACHERS.

§ 266]/2. DUTIES AND POWERS OF CITY AND VILLAGE SUPERIN- TENDENTS.] The superintendents of schools in all districts em- ploying such officer, shall, subject to the final authority of the board, supervise the administration of the course of study, visit schools, examine classes, and have general supervision of the professional work of the school, including the holding of teachers' meetings and the classification of teachers. The superintendent, from time to time, shall make reports to the board of education embodying recommendations relative to the employment of teachers and jani- tors, adoption of text books, changes in the course of study, en- forcement of discipline, and general school matters; and shall also make such other reports and perform such other duties as the board of education may direct and delegate.

§ 267. GlVE NOTICE OF OPENING AND CLOSING SCHOOL.] Each

teacher on beginning a term of school shall give written notice to the county superintendent of the time and place of opening such school and the time when it will probably close, and prior to receiving salary for the first month each teacher must exhibit his certificate or permit to teach to the clerk of the district school board. If such school is to be suspended for one week or more in such term the teacher shall notify the county superintendent of such suspension.

§ 268. WHEN TEACHER NOT ENTITLED TO COMPENSATION.] No

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teacher shall be entitled to or receive any compensation for the time he teaches in any public school without a certificate or permit to teach, valid and in force for such time in the county where such school is taught, except that if a teacher's certificate shall expire by its own limitation within six weeks of the close of .the term, such teacher may finish such term without re-examination or renewal of such certificate.

§ 269. TEACHER'S REGISTER, WHAT TO CONTAIN.] Each teacher shall keep a school register and at the close of each term make a report containing the number of visits of the county super- intendent and such items and in such form as shall be required. Such report shall be made in duplicate, both copies of which shall be sent to the county superintendent who, if he finds such report to be correct, shall immediately return one copy to the district clerk to be filed with him. No teacher shall be paid the last month's salary in any term until such report shall have been approved by the county superintendent and one copy re- turned to the district clerk.

§ 270. SCHOOL YEAR AND SCHOOL WEEK DEFINED. HOLIDAYS.]

The school year shall begin on the first day of July and close on the thirtieth day of June of each year. A school week shall consist of five days and a school month of twenty days. No school shall be taught on a legal holiday or on Saturday, provided, however, that on February the twelfth (Lincoln's birthday), February twenty-second (Washington's birthday) and May the thirtieth (Memorial day) all schools in session shall assemble for a portion of the day and devote the same to patriotic exercises consistent with the day, unless such holiday shall fall upon Sat- urday or Sunday. A legal holiday in term time falling upon a day which otherwise would be a school day shall be counted and the teacher paid therefor, but no teacher shall be paid for Saturday or be permitted to teach on Saturday to make up for the loss of a day in the term.

§ 271. BRANCHES TO BE TAUGHT IN ALL SCHOOLS.] Each teacher in the common schools shall teach pupils as they are suffi- ciently advanced to pursue the same, the following branches : Orthography, reading, writing, arithmetic, language lessons, Eng- lish grammar, geography, and lessons in nature study and ele- ments of agriculture, United States History, civil government, phy- siology and hygiene, giving special and thorough instruction con- cerning the nature of alcholic drinks and narcotics, and their effect upon the human system. There shall also be taught in every school in connection with physiology and hygiene simple lessons in the nature treatment and prevention of tuberculosis and other contagious and infectious diseases. All pupils in the above mentioned schools below the high school and above the third year of school work computing from the beginning of the lowest primary year, shall receive instructions in hygiene every year from text books adapted to grade in the hands of pupils for not

STATE OF NORTH DAKOTA 85

less than four lessons per week for ten weeks of each school year. In all schools above mentioned, all pupils in the (three) low- est three primary school years, shall each be instructed orally in hygiene for not less than three lessons per week for ten weeks of each school year by teachers using text books adapted to grade for such instruction as a guide or standard. Each teacher in schools in special districts and in the cities organized for school purposes under special law shall conform to and be governed by the provisions of this section.

§ 272. TEACHING HUMANE TREATMENT OF ANIMALS.] There shall be given in the public schools of North Dakota, in addition to other branches of study now prescribed, instruction in the humane treatment of animals ; such instruction shall be oral and shall consist of not less than two lessons of ten minutes each per week.

§ 273. TEACHERS' INSTITUTE AND TEACHERS' TRAINING SCHOOLS. NOTICE. PENALTY FOR FAILURE TO ATTEND.] When a teachers' institute or teachers' training school is appointed to be held in or for any county it shall be the duty of the county superintendent to give written or printed notice thereof to each teacher in the public schools of the county, and as far as possible to call others not then engaged in teaching, who are holders of teachers' cer- tificates, at least ten days before the opening of such institute or teachers' training school of the time and place of holding it. Each teacher receiving such notice, engaged in teaching a term of school which includes wholly or in part the time of holding such institute or teachers' training school, shall close school and attend the same and shall be paid by the school board of the district his regular salary as teacher for the time he attended such institute or teachers' training school, as certified by the county superintendent, but no teacher shall receive pay unless he has attended four days nor shall any teacher receive pay for more than five days. The county superintendent may revoke the certificate of any teacher in his county for inexcusable neglect or refusal after due notice, to attend a teachers' institute or teachers' training school held for such county. The provisions of this section shall not apply to high school teachers, nor to teachers in cities organized for school purposes under a special law, nor to teachers in cities organized as independent districts under the provisions of this chapter.

£ 274. PUPIL MAY BE SUSPENDED FOR CAUSE.] A teacher may suspend from school for not more than five days any pupil for insubordination, habitual disobedience, or disorderly conduct. In such case the teacher shall give immediate notice to the parent or guardian of such pupil, and also to some member of the district school board of such suspension and the reason therefor.

§ 275. ASSIGNMENT OF STUDIES TO PUPILS.] It shall be the duty of the teacher to assign to each pupil such studies as he is qualified to pursue, and to place him in the proper class in

86 GENERAL SCHOOL LAWS

any studies subject to the provisions of section 271, provided, that in graded school under the charge of a principal or local superintendent, such principal or superintendent shall perform this duty. In case any parent or guardian in a common school district is dissatisfied with such assignment or classification, the matter shall be referred to and decided by the county superin- tendent.

§ 276. BIBLE NOT SECTARIAN BOOK. READING OPTIONAL WITH PUPILS.] The Bible shall not be deemed a sectarian book. It shall not be excluded from any public school. It may at the option of the teacher be read in school without sectarian comment, not to exceed ten minutes daily. No pupil shall be required to read it or to be present in the school room during the reading thereof, contrary to the wishes of his parents or guardians or other per- son having him in charge.

§ 277. MORAL INSTRUCTION.] Moral instruction tending to impress upon the minds of pupils the importance of truthfulness, temperance, purity, public spirit, patriotism, international peace, respect for honest labor, obedience to parents and due deference for old age, shall be given by each teacher in the public schools.

§ 278. PHYSICAL EDUCATION.] Physical education, which shall aim to develop and discipline the body and promote health through systematic exercise, shall be included in the branches of study required by law to be taught in the common schools, and shall be introduced and taught as a regular branch to all pupils in all departments of the public schools of the state, and in all educational institutions supported wholly or in part by money from the state. It shall be the duty of all boards of education and boards of educational institutions receiving money from the state, to make provision for daily instruction in all the schools and institutions under their respective jurisdiction, and to adopt such method or methods as will adapt progressive physical exer- cise to the development, health and discipline of the pupils in the various grades and classes of schools and institutions receiving aid from the state.

ARTICLE XIX.— INSTITUTES AND ASSOCIATIONS.

§ 279. TEACHERS' COUNTY INSTITUTE FUND.] All money re- ceived by the county superintendent from examination fees for the county institute fund, and all money paid into this fund from the county general revenue fund, shall be used by him to aid in the support of teachers' institutes or teachers' training schools, district teachers' meetings and anual school officers' meetings, to be held within or for the county and to pay necessary expenses incurred therein. The county superintendent shall present an itemized statement, duly verified, to the county auditor for the amount of all such necessary expenses and the auditor shall issue a warrant therefor as provided by law. The county superinten- dent shall, at the end of each year, submit a full and accurate

STATE OF NORTH DAKOTA 87

statement of the receipts and expenditures of these funds, under oath, to the superintendent of public instruction.

§ 280. APPROPRIATION FOR INSTITUTE FUND. DESIGNATION OF CONDUCTORS.] There is hereby appropriated out of any funds in the state treasury, not otherwise appropriated, the sum of one hundred dollars each year to each organized county in the state which shall be designated as the state institute fund, and which shall be used exclusively in employing persons of learning, ability and experience as conductors, assistants and lecturers, of teachers' institutes. The superintendent of public instruction after con- sultation with the county superintendent as to the special needs and wants of their respective counties, shall appoint the time, place and duration of these institutes, and training schools, and shall designate the persons to act as conductors, assistants and lecturers of the same, as in his judgment the needs of the various counties demand.

§ 281. INSTITUTE FUND, HOW PAID OUT.] It shall be the duty of the county superintendent of schools in all cases to consult with the state superintendent of public instruction in reference to the management of such institute or teachers' training school, and he shall carry out the suggestions of such state superintendent as to the modes of instruction. No salary shall be paid to any conductor or instructor not previously appointed or employed as herein provided. The money hereby appropriated from the state treasury for the support of teachers' institutes or teachers' training schools shall be paid to the persons to whom it is due by warrant of the state auditor upon the state treasurer, which shall be issued upon the presentation of an account in due form, verified by the person to whom due, and approved by the state superintendent of public instruction; provided, that all the state and county institute funds provided by law, of one or more counties may be applied to the support of a teachers' training school for such county or counties at the request of the county superintendent of such county or counties with the consent and under the direction of the state superintendent of public instruc- tion.

§ 282. CONDUCTOR AND COUNTY ..SUPERINTENDENT MUST FILE STATEMENT OF NUMBER OF SCHOOLS.] Where a teachers' training school of not less than three weeks duration is held within or for any county, the conductor of such training school and the county superintendent shall file a certified statement with the county auditor, specifying the time and place of such teachers' training school and the county superintendent shall certify to the total number of schools and separate departments in graded and high schools in said county in which school has been taught at least four months during the preceding school year. The county auditor shall file a copy of said statement with the county treasurer who shall thereupon transfer from the county general revenue fund to the county institute fund the sum of two dollars

88 GENERAL SCHOOL LAWS

for each school or separate department in high and graded schools in the county, as per specified statement filed with the county auditor.

§ 283. EXPENSES OF CONDUCTOR, ASSISTANTS AND LECTURER, HOW PAID.] The traveling and other necessary expenses of insti- tute conductors, assistants and lecturers, in counties where a one weeks' institute is held, shall be paid from the institute fund of the county. Upon the filing of an itemized statement, with the county auditor of the necessary expenses incurred in conection with his work as institute conductor, assistant or lecturer, as the case may be, duly verified, and approved by the county superintendent of schools, the county auditor shall draw a warrant on the county trasurer for the amount due which shall be paid from the institute fund of the county.

§ 284. READING CIRCLE BOARD.] The state board of examiners shall be the state reading circle board and as such shall prescribe the course of reading for the teachers' reading circle of the counties of the state and shall make all rules and regulations for conducting the reading circle work and granting of credit therefor.

ARTICLE XX.— FREE TEXT BOOKS.

§ 285. POWER OF BOARD OF EDUCATION.] The school board or board of education of each and every school district in the state of North Dakota is hereby authorized and empowered to select, adopt and contract for all books and supplies needful for the school or schools under its charge, and the said school board or board of education shall have power to purchase the text books and supplies selected or contracted for, and provide for the loan free of charge or sale at cost of such text books and supplies to the pupils in attendance at such school or schools ; provided, that no adoption or contract shall be for a period to exceed three years; provided, further, that before any publisher or publishers shall enter or attempt to enter into any contract with any school board or board of education for the sale of text books, as hereinbefore provided, they shall file with the superin- tendent of public instruction of the state of North Dakota a list of their books and the lowest prices at or for which they will sell any or all of such books to any school board or board of education in the state of North Dakota, and they, the said pub- lishers, shall deposit with the superintendent of public instruc- tion a sample copy of each book so listed, which shall represent in style, binding, mechanical execution, general make-up and matter, the book or books they offer to sell to the school board or board of education at or for the prices listed and in no case shall prices be raised above said listed price as filed. It shall be the duty of the superintendent of public instruction to fur- nish a certified copy of the list of books and prices filed in ac- cordance with the provisions of this section to the district clerk

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of each school district in the state of North Dakota, through the office of the county superintendent.

§ 286. FREE TEXT BOOKS PROVIDED. WHEN.] Whenever in the judgment of the board it is desirable or necessary to the wel- fare of the schools in the district or to provide for the children therein better school privileges, or whenever petitioned so to do by two-thirds of the voters of the district, the board shall provide free text books and supplies for all schools under its charge, in such manner as hereinbefore provided. All books purchased in accordance with the provisions of this article shall be paid for out, of the school funds of the respective districts, and it shall be the duty of school boards and boards of education to see that suffi- cient funds are raised and set aside for the purpose of this article. The clerk of each district shall also keep a record of all books furnished the schools in the district.

ARTICLE XXI.— SPECIAL PROVISIONS.

§ 287. UNITED STATES FLAG TO BE DISPLAYED.] The school board or board of education of any city, town, or district, is author- ized and required to purchase at the expense of the city, town or district, one or more flags of the United States, which shall be displayed in seasonable weather, upon the school houses or flag- staff upon the school grounds during the school hours of each day's session of school.

§ 288. SUPERINTENDENTS, PRINCIPALS, TEACHERS ATTENDING THE NORTH DAKOTA EDUCATIONAL ASSOCIATION.] The board of education in special or independent districts', or the school district board in any common school district is hereby authorized to allow the superintendent, principal or teachers of the schools under its charge, to attend, without loss of salary, any meeting of the North Dakota or other educational association which may be held within this state while the schools of such district are in session.

§ 289. FREE KINDERGARTENS MAY BE ESTABLISHED, COST, HOW PAID, GOVERNMENT. DUTY OF SUPERINTENDENT OF PUBLIC IN- STRUCTION.] The school board of any school district in the state, upon a petition signed by a majority of the legal voters in the dis- trict, shall have the power to establish and maintain free kinder- gartens in connection with the public schools of said district, for the instruction of children between four and six years of age, residing in said district, and shall establish such course of training, study and discipline and such other rules and regula- tions governing such preparatory or kindergarten schools as said board may deem best ; provided, that nothing in this act shall be construed to change the law relating" to the taking of the census of the school population or of the apportionment of the state or county school funds among the several counties and districts in the state; provided, further, that the cost of establishing and maintaining such kindergartens may be paid from the school

9O GENERAL SCHOOL LAWS

funds of said districts raised by direct taxation for such purpose, and the said kindergartens shall be a part of the public school system, and governed as far as practicable, in the same manner and by the same officers as are provided by law for the govern- ment of the other public schools of the state; provided, further, that no person shall be employed as a teacher in such kinder- garten schools who has not passed a satisfactory examination in such subjects as the state examining board shall require. The state examining board shall adopt rules governing the examina- tion of kindergarten teachers, and shall furnish county super- intendents with examination questions and the examination shall be held in the manner provided by law for the examination of teachers in the public schools; provided, further, that any' per- son who shall complete the course of training for kindergarten teachers at the state normal schools shall be entitled to teach in the kindergarten schools of this state without examinations.

§ 290. HEALTH AND DECENCY.] It shall be the duty of all boards of education and school boards in this state to provide suit- able and convenient water closets or privies for each of the schools under their charge, at least two in number which shall be entirely separate, each from the other, and having separate means of ac- cess; and it shall be the duty of the school officers aforesaid to keep the same in a clean, chaste and wholesome condition ; and a failure to comply with the provisions of this article on the part of any board of education or school board, shall be suffici- ent grounds for removal from office and for withholding from any district any part of the county tuition fund.

ARTICLE XXII.— CHILD LABOR.

§ 291. UNLAWFUL TO EMPLOY CHILDREN UNDER FOURTEEN YEARS.] No child under fourteen years of age shall be employed, permitted or suffered to work in or in connection with any mine, factory, workshop, mercantile establishment, store, business of- fice, telegraph office, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messages. It shall be unlawful for any person, firm or corporation to employ any child under fourteen years of age in any business or service whatever, during the hours when the public schools of the dis- trict in which the child resides are in session.

§ 292. EMPLOYMENT OF CHILD UNDER SIXTEEN YEARS.] No child between fourteen and sixteen years of age shall be employed, permitted or suffered to work in any mine, factory, workshop or mercantile establishment unless the person or corporation em- ploying him procures and keeps on file, and accessible to the superintendent of schools of the city or village, if one is employ- ed, otherwise, to the clerk of the school board or board of edu- cation, an employment certificate as hereinafter prescribed, and keeps two complete lists of all such children employed therein, one on file and one conspicuously posted near the principal en-

STATE OF NORTH DAKOTA 91

ince of the building in which such child is employed. On termination of the employment of a child so registered and whose certificate is so filed, such certificate shall be forthwith sur- rendered by the employer to the child or its parent, or guardian or custodian. The superintendent of schools or clerk of the school board or board of education, as the case may be, may make 'i^mand on an employer in whose factory a child {apparently under the age of sixteen years is .employed or permitted or suf- fered to work and whose employment certificate is not then filed as required by this act, that such employer shall either furnish him within ten days evidence satisfactory to him that such child is in fact over sixteen years of age, or shall cease to employ or permit or suffer such child to work in such factory. The superintendent of schools of the city or village or clerk of the school board or board of educa- tion may require from such employer the same evidence of age of such child as is required on the issuance of an employment certificate; and the employer furnishing such evidence shall not be required to furnish any further evidence of the age of the child. In case such employer shall fail to pro- duce and deliver to the superintendent of schools of the city or village or the clerk of the school board or board of education, as the case may be, within ten days after such demand, such evidence of age herein required by him, and shall thereafter continue to employ such child or permit or suffer stich child to work in such factory,- proof of the giving of such notice and of such failure to produce and file such evidence shall be prima facie evidence in any prosecution brought for a violation of this act that such child is under sixteen years of age and is unlaw- fully employed.

§ 293. WHO AUTHORIZED TO ISSUE EMPLOYMENT CERTIFICATES.]

The superintendent of schools of the city or village, if one is employed, and if not, then the clerk of the school board or board of education, is hereby authorized to issue an employment cer- tificate in writing, such certificate is to be issued upon the evi- dence prescribed in section four of this act; provided, that no employment certificate shall be issued for any child then in or about to enter his own employment or the employment of a firm or corporation of which he is a member, officer or employee.

§ 294. EMPLOYMENT CERTIFICATE, ON WHAT ISSUED.] The per- son authorized to issue employment certificate shall not issue such certificate until he has received, examined, approved and filed the following papers duly executed:

1. The school record of such child properly filled out and signed as provided in this act.

2. A passport or duly attested transcript of the certificate of birth or baptism or other religious record, showing the date and place of birth of such child. A duly attested transcript of the birth certificate filed according to law with a registrar of vital

92 GENERAL SCHOOL LAWS

statistics, or other officer charged with the duty of recording births, shall be conclusive evidence of the age of such child.

3. The affidavit of the parent or guardian or custodian of a child, which shall be required, however, only in case such last mentioned transcript of the certificate of birth be not produced and filed, showing the place and date of birth of such child, which affidavit must be taken before the officer issuing the 'em- ployment certificate, who is hereby authorized and required to administer such oath, and who shall not demand or receive a fee therefor. Such employment certificate shall not be issued until such child has personally appeared before and been exam- ined by the officer issuing the certificate, and until such officer shall, after making such examination, sign and file in his office a statement that the child can read and legibly write simple sentences in the English language and that in his opinion the child is fourteen years of age or upwards, and has reached the normal development of a child of its age, and is in sound health and is physically able to perform the work which it intends to do. In doubtful cases such physical fitness shall be determined by a medical officer of the board or department of health. Every such employment certificate shall be signed, in the presence of the officer issuing the same, by the child in whose name it is issued.

§ 295. CONTENTS OF CERTIFICATES.] Such certificates shall state the date and place of birth of the child and describe the color of the hair and eyes, the height and weight and any distinguishing marks of such child, and that the papers required by the preced- ing section have been duly examined, approved and filed and that the child named in such certificate has appeared before the offi- cer signing the certificate and been examined.

§ 296. SCHOOL RECORD, WHAT TO CONTAIN.] The school record required by this act shall be signed by the principal or chief executive officer of the school which such child has attended and shall be furnished, on demand, to a child entitled thereto. It shall contain a statement certifying that the child has regu- larly attended the public schools or schools equivalent thereto or parochial schools for not less than one hundred and twenty days during the school year previous to his arriving at the age of fourteen years or during the year previous to applying for such school record and is able to read and write simple sentences in the English language and has received dur- ing such period instruction in reading, spelling, writing, English grammar and geography and is familiar with the fundamental operations of arithmetic up to and including fractions. Such school record shall also give the age and residence of the child as shown on the records of the school and the name of its par- ent, guardian or custodian.

§ 297. HOURS OF LABOR.] No person under the age of six- teen years shall be employed or suffered or permitted to work at

STATE OF NORTH DAKOTA 93

any gainful occupation more than forty-eight hours in any one week, nor more than eight hours in any one day; or before the hour of seven o'clock in the morning or after the hour of seven o'clock in the evening. Every employer shall post in a conspic- uous place in every room where such minors are employed a printed notice stating the hours required of them each day of the week, the hours of commencing and stopping work and the hours when the time or times allowed for dinner or for other meals begin and end. The printed form of such notice shall be furnished by the superintendent of schools of the city or village, or the clerk of the school board or board of education, and the employment of any minor for longer times in any day so stated shall be deemed a violation of this section.

§ 298. PEACE OFFICERS TO INSPECT PLACES OF WORK.] Peace officers may visit mines, factories, workshops and mercantile es- tablishments in their several towns and cities and ascertain whether any minors are employed therein contrary to the pro- visions of this act; and it shall be their duty to report any cases of such illegal employment to the school board or board of education. Such officer may require that the employment certificates and lists provided for in this act of minors employed in such factories, mines, workshops or mercantile establishments shall be produced for their inspection. Complaints for offenses under this act may be made by such peace officer or by any other person cognizant of the facts.

§ 299. EMPLOYMENTS.] No child under the age of sixteen years shall be employed at sewing belts, or to assist' in sewing belts, in any capacity whatever; nor shall any child adjust any belt to any machinery, they shall not oil or assist in oiling, wip- ing or cleaning machinery; they shall not operate or assist in operating circular or band saws, wood shapers, wood-joiners, planers, sand-paper or wood polishing machinery, emery or pol- ishing wheels used for polishing metal, wood-turning, or boring machinery, stamping machines in sheet metal and tinware manu- facturing, stamping machines in washer and nut factories, oper- ating corrugating rolls, such as are used in roofing factories, nor shall they be employed in operating any steam boiler, steam machinery, or other steam generating apparatus, or as pin boys in any bowling alleys; they shall not operate or assist in oper- ating dough brakes, or cracker machinery of any description; wire or iron straightening machinery; nor shall they operate or assist in operating rolling mill machinery, punches or shears, washing, grinding or mixing mill or calendar rolls in rubber manu- facturing; nor shall they operate or assist in operating laundry machinery; nor shall children be employed in any capacity in preparing any composition in which dangerous or poisonous acids are used, and they shall not be employed in any capa- city in the manufacture of paints, colors, or white lead; nor shall they be employed in any capacity whatever in operating

94 GENERAL SCHOOL LAWS

or assisting to operate any passenger or freight elevator; nor shall they be employed in any capacity whatever in the manu- facture of goods for immoral purposes, or any other employ- ment that may be considered dangerous to their lives or limbs, or where their health may be injured, or morals depraved; nor in any theater, concert hall, or place of amusement wherein in- toxicating liquors are sold ; nor shall females under sixteen years of age be employed in any capacity where such employ- ment compels them to remain standing constantly.

§ 300. PENALTY FOR VIOLATION OF THIS ACT.] Each owner, superintendent, manager or overseer of any mine, factory, work- shop or mercantile establishment, and any other person who shall employ any child contrary to the provisions of this act or who shall in any manner violate the provisions thereof, shall be deem- ed guilty of a misdemeanor, and upon conviction thereof shall be fined for each offense in a sum not less than twenty dollars nor more than fifty dollars and costs. Each person authorized to sign a certificate as prescribed in the preceding section who cer- tifies to any material false statement therein shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than twenty dollars nor more than fifty dollars and costs.

§ 301. PROSECUTION, HOW BROUGHT.] Prosecutions under this act shall be brought in the name of the state of North Dakota before any court of competent jurisdiction, and the fines collect- ed shall be paid over to the county treasurer and by him cred- ited to the school fund of the state.

ARTICLE XXIIL— MAINTENANCE OF EDUCATIONAL INSTITUTIONS.

§ 302. FREE PUBLIC SCHOOLS.] The state university and school of mines at Grand Forks, the agricultural college at Fargo, the state normal schools at Valley City and Mayville, the deaf and dumb school at Devils Lake, the normal and industrial school at Ellendale, the scientific school at Wahpeton, the school of forestry at Bottineau, and all other schools heretofore estab- lished by law and maintained by taxation constitute the system of "free public schools" of the state.

§ 303. MAINTENANCE OF INSTITUTIONS.] For the purpose of providing for the maintenance of the state university and school of mines at Grand Forks, the agricultural college at Fargo, the state normal school at Valley City, the state normal school at May- ville, the school for the deaf and dumb at Devils Lake, the school of forestry at Bottineau, the North Dakota Academy of Science at Wahpeton and the normal and industrial school at Ellendale, as a part of the public school system of this state there is hereby upon all taxable property in the state real and personal annual tax of one mill on each dollar of the assessed valuation of such property in each and every year hereafter.

STATE OF NORTH DAKOTA 95

§ 304. COUNTY AUDITOR SHALL CALCULATE AMOUNT OF LEVY.] The county auditor of each county shall, at the time of making the annual tax list in his county, calculate the amount of the levy hereinbefore provided for upon each and every item of property assessed in his county as it appears upon the last assessment roll, and extend the same upon such tax list in a column to be provided for that purpose and such tax shall thereupon be cal- culated and paid over to the state treasurer the same as other state taxes.

§ 305. SUCH TAXES, HOW APPORTIONED.] Such taxes as levied shall be apportioned by the state treasurer to the several institu- tions herein mentioned as follows: Thirty-three one-hundreths of a mill to the state university and school of mines at Grand Forks ; twenty one-hundredths of a mill to the agricultural col- lege at Fargo; fifteen one-hundredths of a mill to the state nor- mal school at Valley City; thirteen one-hundredths of a mill to the state normal school at Mayville ; six one-hundredths of a mill to the school for the deaf at Devils Lake ; two one-hundredths of a mill to the school of forestry at Bottineau; four one-hun- dredths of a mill to the North Dakota academy of science at Wahpeton ; seven one-hundredths of a mill to the normal and industrial school at Ellendale; provided, that all moneys here- after collected from any tax heretofore levied shall be appor- tioned as herein provided.

§ 306. MONEYS, HOW APPORTIONED.] The moneys arising from the taxes hereinbefore levied are hereby apportioned for the maintenance of the state university and school of mines at Grand Forks, ^the agricultural college at Fargo, the state normal school at Valley City, the state normal school at Mayville, the school for the deaf and dumb at Devils Lake, the school of forestry at Bottineau, the North Dakota academy of science at Wahpeton, and the normal and industrial school at Ellendale, the same to be paid monthly to the board of trustees of the several institu- tions herein mentioned and in proportion as herein provided, upon vouchers of said board signed by their respective presi- dents, and to be expended by the several boards, in their discre- tion, in the establishment and maintenance of said institutions hereinbefore mentioned.

§ 307. FUNDS, WHEN PAID OVER.] All moneys received as interest, all moneys received for rents, for penalties, for permits, and all moneys received from any other source from the respective lands of the different educational institutions hereinafter men- tioned (except moneys received as principal from the sale of lands belonging to the agricultural college, lands belonging to the state university and school of mines, lands belonging to the two nor- mal schools, lands belonging to the normal and industrial school), shall be paid over to the respective treasurers of the educational institutions above mentioned, by the state auditor on the first day of January, April, July and October in each year. The funds

96 GENERAL SCHOOL LAWS

herein referred to shall be subject to the order of the respective boards of trustees of each institution hereinbefore mentioned and shall be used for the maintenance of such institutions re- spectively.

ARTICLE XXIV.— CERTAIN ACTS LEGALIZED.

§ 308. ACTS LEGALIZED.] Where the officers of any incorpor- ated city, village or school district of this state shall have incur- red indebtedness and issued warrants or orders for the erection, purchase, repair, or maintenance, within and for said city, village or school district for school or other buildings, or waterworks, gas or electric light plants, public wells, cisterns, fire apparatus, or legitimate corporate purposes for said city, village or school district, or to pay for or to raise money for any such purpose, and said warrants or orders are "outstanding, or held in the gen- eral revenue or other funds of said city, village or school district, in any and all such cases where said warrants or orders are with- in the debt limit, the same are hereby legalized and are declared to be the valid indebtedness of such city, village or school dis- trict, and in every case where the city council or city commis- sioners, village board of trustees, school board or board of edu- cation thereof shall have heretofore or shall hereafter determine by resolution or ordinance, that it was or is for the best interests of the city, village or school district to issue its nego- tiable bonds in the name of the city, village or school district for the sole purpose of funding such indebtedness, and shall have been or shall be authorized to issue such bonds, by a majority vote of the qualified electors of such city, village or school district, voting thereon at any regular or special election legally called and held after public notice thereof as required by law, and if such bonds shall have been or shall be executed, sold and delivered for value, and the proceeds arising from such sale shall have been or shall be applied exclusively to the express purpose of funding such warrants or orders, then in every such case such bonds, whether engraved, lithographed or printed on bond paper, shall when ex- ecuted, sold and delivered as provided by law be deemed, and hereby are declared to be valid and subsisting indebtedness of the city, village or school district issuing the same.

§ 309. PENDING ACTIONS NOT AFFECTED. DEBT LIMIT.] This act shall not affect any actions now pending in which the valid- ity of any such warrants, orders, bonds or indebtedness is called in question; providing, however, that the issue of such bonds shall not be construed to be an increase of the indebtedness of the municipality and the proceeds of sales of such bonds shall be applied exclusively towards the discharge of the indebtedness of siich city, village or school district referred to in section 308 ot this act.

STATE OF NORTH DAKOTA 97

§ 310. REPEAL.] Sections 747, 748, 749, 750, 751, 752, 753

754, 755- 756, 757, 75$, 759, 760, 761, 762, 763, 764,

765, 766, 767, 768, 769, 770, 77i, 772, 773, 774, 775,

776, 777, 778, 779, 78o, 781, 782, 783, 784, 785, 786,

787, 788, 789, 790, 791, 792, 793, 794, 795, 796, 797,

7Q8, 799, 800, 801, 802, 803, 804, 805, 806, 807, 808,

809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819,

820, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830,

831, 832, 833, 834, 835, 836, 837, 838, 839, 840, 841,

842, 843, 844, 845, 846, 847, 848, 849, 850, 851, 852,

853, 854, 855, 856, 857, 858, 859, 860, 861, 862, 863,

864, 865, 866, 867, 868, 869, 870, 871, 872, 873, 874,

875, 876, 877, 878, 879, 880, 881, 882, 883, 884, 885,

886, 887, 888, 889, 890, 891, 892, 893, 894, 895, 896,

897, 898, 899, 900, 901, 902, 903, 904, 905, 906, 907,

908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, Sections 937, 938, 939, 940, 941, 942, 943, 944, 945, 946, 947,

948, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958,

959, 96o, 961, 962, 963, 964, 965, 966, 967, 968, 969,

970, 97i, 972, 973, 974, 975, 976, 977, 978, 979, 980,

981, 982, 983, 984, 985, 986, 987, 988, 989, 990, 991, 992, 993, 994, 995, 996, 997, 998, 999, 1000, 1001, 1002,

IOO3, IO04, IOO5, IOO6, IOO7, IOO8, IOO9, IOIO, IOII, IOI2, IOI3,

1014, 1015, I0l6, 1017, I0l8, TOI9, 1020, 1 021, 1022, IO23, IO24,

1025, 1026, 1027, 1028, 1029, and Section 1030 of the Revised Codes of 1905 with any and all amendments thereto, and Chap- ters 49, 98, 100, 103, 124, 153, and 201 of Session Laws of 1909 are hereby repealed.

DEPOSITORIES.

§ 920. SCHOOL FUNDS REQUIRED TO BE DEPOSITED.] All funds of each and every city or school district of this state shall be de- posited by the treasurer of the city, county or school district, as soon as received by him, in the name of the city or school district of which he is an officer, in such bank or banks as shall have been designated as city or school district depositories in accordance with this article, as hereinafter provided.

§ 921. DEPOSITORIES TO BE DESIGNATED.] The city council or school board of each and every city or school district of this state, at its first regular meeting after this article shall take effect and at its first regular meeting in July of each odd numbered year thereafter, shall designate one or more national or state banks in its city or district or county as city or school district deposi- tories, in which all of the. funds of such city or school district shall be deposited.

§ 922. ClTY AUDITOR OR SCHOOL CLERK TO ADVERTISE FOR PRO-

98 GENERAL SCHOOL LAWS

POSALS.] The city auditor or school clerk of each city or school district shall advertise in one or more newspapers of the city, county or village, for at least two weeks immediately prior to such meeting for sealed proposals for the deposit of funds of such city or school district, which advertisements shall state the date up to which such proposals will be received, which date shall be the day of the meeting of the city council or school board, at which such proposals are to be opened. Such proposals shall state in writing what rate of interest will be paid on average daily bal- ances during the month, interest to be paid monthly on condition that such funds, with accrued interest, shall be held subject to draft at all times on demand. Such proposals shall be inclosed in sealed envelopes, addressed to the city auditor or school clerk and marked "Proposals for deposit of city or school funds," and shall be by the city auditor or school clerk filed in his office.

§ 923. HOW PROPOSALS ACTED ON. BOND REQUIRED.] Such

proposals shall be presented to the city council or school board at such meetings, and then, but not till then, shall be opened by the city auditor or school clerk in the presence of the council or school board, and the council or school board shall thereupon proceed to accept the proposal of the bank or banks offering the highest rate of interest, not inconsistent therewith, subject to the filing of a satisfactory bond as hereinafter provided, the amount of which bond shall then and there be fixed by the city council or school board. Before any bank shall be designated as such depository, it shall submit to the city council or school board for its approval a bond payable to the city or school dis- trict conditioned for the safe keeping and repayment of any and all funds deposited in such banks, which bond shall be signed by not less than five freeholders of the county or state as sure- ties; such bond to be in the sum required by the city council or school board, but in no case less than double the probable amount of funds to be deposited in such bank. If at any time the amount of funds on deposit in any such depositories shall exceed one- half of the amount named in such bond, it shall be the duty of the city council or school board at its next regular meeting there- after to require from such depository an additional bond in a sum not less than twice the amount of such excess. Such bond shall be approved by the city council or school board and the approval indorsed thereon by the mayor or president of the school board, and by him deposited with the city auditor or school dis- trict clerk; and any bank whose bond shall have been so approved shall thereupon be designated by the city council or school board as a city or school district depository and shall continue as such until such time as the city council or school board shall advertise for bids as aforesaid. If the city council or school board fails or refuses to approve such bond, the same may be presented to the judge of the district court, upon three days' notice to the city auditor or school district clerk, who shall proceed to hear

STATE OF NORTH DAKOTA 99

and determine the sufficiency of such bond, and may approve such bond, and the said bank shall be declared a city or school district depository as aforesaid. The sureties on such bond shall be required to justify as required by law in arrest and bail pro- ceedings ; provided, however, that in lieu of such personal bond, the city council or school board may require such banks or bank to file a surety company bond for a sum equal to the amount of funds such bank may receive according to the provisions of this article. If at any time the amount of funds on deposit 'in such depositories shall exceed the amount named in such surety com- pany bond, it shall be the duty of the city council or school board at its next regular meeting thereafter to require from such de- positories an additional surety bond in the sum of not less than the amount of such excess. Such surety company's bond shall be approved as provided by law.

§ 924. IN. CASE BIDS ARE EQUAL, HOW DECIDED.] When two Or

more banks in the same city or village, proposing to be city or school district depositories, offer the same rate of interest, it shall be the duty of the city council or school board to select, im- partially, as many of such banks as depositories as offer ample security for such deposits. In estimating the value of the security offered by any proposed depository the capital, surplus and gen- eral credit of the bank shall be taken into consideration, as well as the bonds proposed to be given.

§ 925. TWO OR MORE BANKS MAY BE DESIGNATED.] In Case tWO

or more banks be designated as depositories, the city or school district treasurer shall, as far as practicable, keep in each of the several depositories equal balances at all times ; provided, that in cities or villages where two or more banks are designated as de- positories, the amount deposited in any bank shall not exceed the capital of the banks in said city or village, then the city council or school board shall deposit the funds of the city or school district in the banks of the city or village upon their giving a bond accord- ing to law.

§ 926. WHEN TIME DEPOSITS MAY BE MADE.] Whenever there shall be accumulated in the sinking fund or any other revenue, city or school district fund, established by law, in any of the cities or school districts of this state, an amount of money ex- ceeding two hundred dollars, and for which there is no immediate use, the city council or school board of such city or school dis- trict is authorized and empowered to direct a time deposit of such funds for a period of one year or six months, as they may deem expedient, either in one or more of the city or school district de- positories created by law, or such state or national bank as the city council or school board may designate.

§ 927. HOW DEPOSITORIES FOR TIME DEPOSITS ARE SELECTED.]

The depositories for such time deposits of the city or school dis- trict funds may be designated at any regular meeting of the city council or school board of such city or school district upon the ad-

IOO GENERAL SCHOOL LAWS

vertisement and proposals as provided by law for designating the depositories of the general city or school district funds, and the bank or banks designated as the depository of depositories of such time deposits of such city or school district funds shall be required to furnish a bond in the same amount, manner and form as prescribed by law for the several city and school district de- positories.

§ 928. MAXIMUM RATE OF INTEREST ON CALL DEPOSITS.] To further secure the safety of the city or school district funds de- posited under the provisions of this article the city council or school board shall satisfy itself of the responsibility of the several banks proposing to act as depositories, and any bank offering more than four per cent per annum on deposits, subject to check, shall not be designated as a depository under the provisions of this ar- ticle; provided, this act shall not apply to school districts in incor- porated cities or villages.

§ 929. IN WHOSE NAME DEPOSITED.] All funds in the city or school district shall be deposited in the name of the city or school district by the city treasurer or treasurer of the school district, as soon as received by him, in such bank or banks as shall have been designated as city or school district depositories.

§ 930. PENALTY FOR VIOLATION.] If any city or school district treasurer shall deposit any of the funds of his city or school dis- trict or loan the same in any manner except according to the provisions of this article, he shall be liable to a penalty of five hundred dollars for each deposit or loan so made.

§ 931. BANKS TO FURNISH MONTHLY STATEMENTS.] Each de- pository shall furnish to the city auditor or clerk of the school district on the first day of each month an itemized statement of the account of the city or school district with such depository, duly verified by the affidavit of the cashier of such bank, which statement shall be filed and carefully preserved in the office of the city auditor or school clerk. All sums of interest accruing on the funds deposited as aforesaid shall be credited to such de- posit account on the first day of each month for the preceding month, and a statement of such interest shall be rendered by such depository to the city auditor gr school clerk on the first day of each month and the auditor or clerk shall charge the treasurer with the amount thereof and credit the sum to the general funds of the city or school district.

§ 932. How CHECKS SHALL BE SIGNED.] All checks drawn up- on the city or school district depositories shall be signed by the city or school district treasurer in the name of the city or school dis- trict, by himself as treasurer.

§ 933. WHEN BIDS NOT REQUIRED.] It is the duty of the offi- cers mentioned in this article to comply with the provisions hereof; provided, that in cities or villages where only one bank is lo- cated, the city council or school board shall designate such bank or other bank within this state the depository without advertising

STATE OF NORTH DAKOTA IOI

for bids, if such bank agrees to pay interest at the rate of at least two per cent per annum and furnishes a bond as hereinbefore provided for the safe keeping and repayment of any funds de- posited in such bank. In cities or villages or counties where there is no bank or where no bank offers to comply with the require- ments of this act, the city council or school board must designate some bank or banks outside of such city or Village and within this state as such depositories, but (such) bank or banks must furnish a bond in the same manner as other depositories.

§ 934. TREASURER NOT LIABLE FOR FUNDS DEPOSITED BY REASON OF BANK FAILURE.] When the funds of any city or school district are deposited by the city or school district treasurer as provided herein, such treasurer and his sureties shall be exempt from all liability thereon by reason of the loss of any funds from the fail- ure, bankruptcy or any other act of such bank to the extent only of such funds in the hands of such bank or banks at the time of such failure or bankruptcy.

§ 935. EXCEPTIONS TO LAW.] It shall not be incumbent upon the city council or school board to designate depositories as herein provided for until the amount in such city or school treasury equals or exceeds the sum of five hundred dollars.

§ 936. VIOLATION CONSTITUTES MISDEMEANOR.] Any officer violating any of the provisions of this article shall be deemed guilty of a misdemeanor.

CHAPTER 268. [H. B. No. 181— Tuttle.]

SCHOOL HOUSES AND SITES.

AN ACT TO Amend Section 2 of Chapter 204 of the Laws of 1009, Entitled an Act to Amend Section 811, 829, 822 and 883 of the Revised Codes of 1905, Pertaining to Education.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ i. AMENDMENT.] That Section 2 of Chapter 204 of the Laws of 1909, being Section 829 of the 1905 Revised Codes of North Dakota, be and the same is hereby amended to read as fol- lows :

§ 829. SCHOOL HOUSES AND SITES. How DETERMINED. PLANS

FOR SCHOOL HOUSES. HOW PREPARED. BOARD OF INSPECTORS.

How CONSTITUTED.] Whenever in the judgment of the board it is desirable or necessary to the welfare of the schools in the district, or to provide for the children therein proper school privileges, or whenever petitioned to do so by one-third of the voters of the district, the board shall call a meeting of the voters in the district at some convenient time and place fixed

102 GENERAL SCHOOL LAWS

by the board to vote upon the question of the selection, purchase, exchange, or sale of a school house site, or the erection, removal, or sale of a school house. Said election shall be conducted and votes canvassed in the same manner as at the annual election of school officers. Three notices of the time, place and purpose of -such meeting shall be posted in three public places in the district at least ten days prior to such meeting. If a majority of the voters present at such meeting shall by vote select a school house site, or shall be in favor of the purchase, exchange or sale of the school house, as the case may be, the board shall locate, purchase, exchange or sell such site, or erect, remove or sell such school house, as the case may be, in accordance with such vote; provided, it shall require a vote of two-thirds of the voters present and voting at such meeting to order the removal of the school house, and such school house so removed cannot again be removed within three years from the date of such meeting; pro- vided, further, that whenever a school house is to be purchased, erected or constructed in a common school district, the school board shall consult with the county superintendent of schools and the county superintendent of health with regard to plans providing for the proper construction, lighting, heating and ven- tilation ; provided, further, that it shall be the duty of the state superintendent of public instruction to furnish plans for school houses of one and two rooms, as will be in accord with the best ideas pertaining to heating, lighting, ventilating and other sani- tary requirements.

EMERGENCY.] Whereas, section 829 as at present constituted, is inoperative an emergency exists and this act shall take effect from and after its passage and approval.

Approved March 6, 1911.

[S. B. No. 178— Welo.]

PROHIBITING COUNTY OFFICIALS FROM RECEIVING COMMISSION.

AN ACT Prohibiting County Superintendents of Schools, Deputies, School District Officers, School Officials, Principals and Teachers From Re- ceiving Commission or Fees or Reward for or on Account of any School Books, Furniture or Other Supplies Purchased During the In- cumbency of Such Office, and Providing a Penalty therefor.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ I. Every county superintendent of schools, deputy thereof, school district directors, clerk, treasurer, principal of a school or teacher therein who shall receive any commissions, fee or re- ward for or on account of any .school books, furniture or other supplies purchased during the incumbency of such official, prin-

STATE OF NORTH DAKOTA 1 03

cipal or teacher for the use of the school district or school under the supervision of such official, principal or teacher, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty dollars and not exceeding five hundred dollars and may be removed from his office. Approved March 3, 1911.

CHAPTER 269. [H. B. No. 434— Price.]

GOVERNING THE CONSTRUCTION OF PUBLIC SCHOOL BUILD- INGS AND PROVIDING FOR THE INSPECTION, VENTILATION AND SANITATION THEREOF

AN ACT Entitled "An Act for the Purpose of Governing the Construction of Public School Buildings and Providing for the Inspection, Ventila- tion and Sanitation Thereof."

Be It Enacted by the Legislative Assembly of the State of North Dakota: § i. BUILDINGS INSPECTED. PLANS AND SPECIFICATIONS TO BE

SUBMITTED TO SUPERINTENDENT OF PUBLIC INSTRUCTION.] No

building which is designed to be used, in whole or in part, as a pub- lic school building, shall be erected until a copy of the plans thereof has been submitted to the state superintendent of public in- struction, who for the purposes of carrying out the provisions of this act is hereby designated as inspector of said public school building plans and specifications, by the person causing its erec- tion or by the architect thereof; such plans shall include the method of ventilation provided for, and a copy of the spec- ifications therefor.

§ 2. CONSTRUCTION OF SCHOOL HOUSES.] Suh plans and spec- ifications shall show in detail the ventilation, heating and light- ing of such building. The state superintendent of public in- struction shall not approve any plans for the erection of any school building or addition thereto unless the same shall provide at least twelve square feet of floor space and two hundred cubic feet of air space for each pupil to be accommodated in each study or recitation room therein.

(1) Light shall be admitted from the left or from the left and rear of class rooms and the total light area must, unless strengthened by the use of reflecting lenses be equal to at least 20 per cent of the floor space.

(2) All ceilings shall be at least twelve feet in height.

(3) No such plans shall be approved by him unless provision is made therein for assuring at least 30 cubic feet of pure air every minute per pupil and warmed to maintain an average temperature of 70 degrees F. during the coldest winter weather,

IO4 GENERAL SCHOOL LAWS

and the facilities for exhausting the foul or vitiated air therein shall be positive and independent of atmospheric changes. No tax voted by a district meeting or other competent authority in any such city, village, or school district, exceeding the sum of two thousand dollars ($2000.00) shall be levied by the trustees until the state superintendent of public instruction shall certify that the plans and specifications for the same comply with the provisions of this act. All school houses for which plans and detailed specifications shall be filed and approved, as required by this act, shall have all halls, doors, stairways, seats, passage- ways and aisles and all lighting and heating appliances and ap- paratus arranged to facilitate egress in case of fire or accident and to afford the requisite and proper accommodations for public pro- tection in such cases. All exit doors shall open outwardly, and shall if double doors be used, fasten with movable bolts operated simultaneously by one handle from the inner face of the door. No staircase shall be constructed with wider steps in lieu of a platform, but shall be constructed with straight runs, changes in direction being made by platform. No doors shall open im- mediately upon a flight of stairs, but a landing at least the width of the door shall be provided between such stairs and such doorway.

(4) Every public school building shall be kept clean and free from effluvia arising from any drain, privy or nuisance, and shall be provided with sufficient number of proper water closets, earth closets or privies, and shall be ventilated in such a manner that the air shall not become so impure as to be injurious to health.

§ 3. TOILET ROOMS. How CONSTRUCTED.] No toilet rooms shall be constructed in any public school building unless same has outside ventilation and windows permitting free access of air and light. The provisions of this act shall be enforced by the state superintendent of public instruction or some person des- ignated by him for that purpose.

§ 4. METHOD OF INSPECTION AND ADJUSTMENT OF GRIEVANCES.] If it appears to the state superintendent of public instruction or his deputy appointed for that particular purpose, that fur- ther or different sanitary or ventilating provisions, which can be provided without unreasonable expense, are required in any public school building, he may issue a written order to the proper person or authority, directing such sanitary or ventilating provisions to be provided. A school committee, public officer or person who has charge of any such public school building, who neglects for four weeks to comply with the order of said state superintendent of public instruction or his deputy, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars.

(i) Whoever is aggrieved by the order of the state sup-

STATE OF NORTH DAKOTA IO5

erintenclent of public instruction or his deputy issued as above provided, and relating to a public school building, may within thirty days after the service thereof, apply in writing to the board of health of the city, town, incorporated village or school district to set aside or amend the order; and thereupon the board, after notice to all parties interested, shall give a hearing upon such order, and may alter, annul or affirm it.

§ 5. VENTILATING FLUES AND METHOD OF CONSTRUCTING SAME.] No wooden flue or air duct for heating or ventilating purposes shall be placed in any building which is subject to the pro- visions of this act, and no pipe for conveying hot air or steam in such building shall be placed or remain within one inch of any wood-work, unless protected by suitable guards or casings of incombustible material.

§ 6. APPROVAL OF PLANS. BY WHOM AND PENALTY FOR VIOLA- TION.] To secure the approval of plans showing the method or systems of heating and ventilation as provided for in section 2 the foregoing requirements must be guaranteed in the speci- fications accompanying the plans. Hereafter erections or con- structions of public school buildings by architect or other person who draws plans or specifications or superintends the erection of a public school building, in violation of the provisions of this act, shall be punished by a fine of not less than one hun- dred dollars nor more than one thousand dollars.

§ 7. REPEAL.] All acts or parts of acts in conflict herewith are hereby repealed.

§ 8. EMERGENCY.] Whereas, there being no adequate law on the statute books governing the subject matter, therefore an 'em- ergency exists and this act shall be in force and effect from and after its passage and approval.

Approved March 6, 1911.

CHAPTER 9. [S. B. No. 285— Davis]

APPROPRIATION FOR A TEMPORARY EDUCATIONAL COMMISSION.

AN ACT Establishing a Temporary Educational Commission and Appro- priating One Thousand Dollars for the Expenses Thereof.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ I. For the purpose of studying educational system, both in the United States and elsewhere, with a view to the presentation of a report which will form a basis for the unifying and systema- tizing of the educational system of this state, including the several secondary schools and higher institutions of learning and the Department of Public Instruction, a commission is hereby created

IO6 GENERAL SCHOOL LAWS

consisting of the following members, namely: President of the University, President of the Agricultural College, President of Valley City Normal, Superintendent of Public Instruction, Lieu- tenant Governor, Speaker of the House of Representatives and one other member to be appointed by the Governor within sixty days from the passage of this act.

§ 2. The commission provided for in Section i, of this act shall report to the Governor and Legislature in December 1912, their findings, accompanied by a bill, which shall contain the recommendations which it is proposed to enact into law, and may make from time to time public reports at their discretion. The members of such commission shall receive no compensation other than actual and necessary expenses. For the purpose of paying such expenses and the expenses of printing, clerical work and travel, there is hereby appropriated the sum of one thousand dol- lars, or as much thereof as may be necessary, out of any funds in the treasury not otherwise appropriated.

Approved March 17, 1911.

CHAPTER 35. [H. B. No. 210— Olsgard of Nelson.]

TO ENCOURAGE ELEMENTARY EDUCATION

AN ACT To Encourage Elementary Education in North Dakota and Ap- propriate Money Therefor.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ i. PURPOSE.] The purpose of this act shall be to aid, en- courage, stimulate, and standardize the rural and smaller graded schools of this state and thereby increase the efficiency of the en- tire educational system of this state.

§ 2. GRADED, CONSOLIDATED AND RURAL SCHOOLS MAY OBTAIN STATE AID.] Any public school in any common school district in the state or any public school in any city, town or village, or any consolidated school in the state, not entitled to aid as a state high school, but fully complying with the conditions of this act relating to state graded schools and any public school in any common school district in the state not located in any incorpor- ated city, town or village, or any consolidated school not entitled to state aid as a state high school or graded school, but fully com- plying with the conditions of this act relating to state rural schools, may receive aid as hereinafter provided for state graded schools and state rural schools.

§ 3. CONDITIONS TO BE COMPLIED WITH BY STATE GRADED SCHOOLS IN ORDER TO OBTAIN AID.] State graded schools shall be of two classes, first and second class. First class : In order to be

STATE OF NORTH DAKOTA

entitled to aid as a state graded school of the first class, such school shall have complied with the following conditions, namely:

First, it shall have maintained for the school year next preced- ing that for which aid is granted at least nine (9) months school. Second, it shall be well organized, having at least four departments under the supervision of proficient teachers. The principal shall be a graduate of a normal school or other institu- tion of higher learning or shall hold a state professional certifi- cate and each department of such school shall be taught by a teacher having at least a first grade elementary certificate or better. Third, it shall have a suitable school building properly lighted, heated and ventilated, sanitary and commodious out- houses and other necessary accommodations, library and such other apparatus as is necessary to do efficient work. Fourth, such school shall have a regular and orderly course of study and shall include the first two years of a high school course, as sug- gested by the state high school board as well as courses in domestic science, manual training and elementary agriculture and shall comply with such rules as may be established by the state super- intendent of public instruction.

Second class : In order to be entitled to aid as a state graded school of the second class, such school shall have complied with the following conditions, viz : —

First, it shall have maintained for the school year next pre- ceding that for which aid is granted at least nine (9) months school. Second, it shall be well organized, having at least two departments under the supervision of proficient teachers. The principal shall be a graduate of a normal school or other institu- tion of higher learning or shall hold a state professional certifi- cate, and each department of such school shall be taught by a teacher having a first grade elementary certificate or better. Third, it shall have a suitable school building, properly lighted heated and ventilated ; sanitary and commodious outhouses and other necessary accommodations, a library and such other appar- atus as is necessary to do efficient work. Fourth, such school shall have a regular and orderly course of study as prescribed in the state course of study for common schools, courses in domestic science, manual training and agriculture and shall comply with such rules as may be established by the state superintendent of public instruction.

§ 4. CONDITIONS FOR OBTAINING AID AS A STATE RURAL SCHOOL.] State rural schools shall be of two classes, first and second class.

First class: In order to be entitled to aid as a state rural school of the first class, such school shall have complied with the following conditions, viz:

First: Such school shall have maintained during the school year next preceding that for which aid is granted at least nine (9) months school.

IO8 GENERAL SCHOOL LAWS

Second : It shall be taught by a teacher of successful experi- ence, holding a first grade elementary certificate or better.

Third : It shall have a suitable school building, properly light- ed, heated and ventilated ; sanitary and commodious outhouses and other necessary accommodations, a library and such other apparatus as is necessary to do efficient work.

Fourth : Such school shall have a regular and orderly course of study as prescribed in the state course of study for common schools, including elementary agriculture, and shall comply with such rules as may be established by the state superintendent of public instruction.

Second Class : In order to be entitled to aid as a state rural school of the second class such school shall have complied with the following conditions, namely:

First : Such school shall have maintained for the school year next preceding that for which aid is granted at least eight (8) months school.

Second: It shall be taught by a teacher of successful exper- ience holding a second grade elementary certificate or better.

Third : It shall have a suitable school building, properly light- ed, heated and ventilated, sanitary and commodious outhouses, and other necessary accommodations, library and such other appar- atus as is necessary to do efficient work.

Fourth: Such school shall have a regular and orderly course of study as is prescribed in the state course of study for common schools, including elementary agriculture and shall comply with such rules, as may be established by the state superintendent of public instruction.

Provided, that for the purpose of this entire act, the primary certificate shall be considered as the equivalent of the first grade elementary certificate; further, that except in case of the prin- cipal teacher, the superintendent of public instruction may, in his discretion, recognize teachers holding second grade elementary certificates who have had five years of successful experience as eligible to teach in any of the schools contemplated by this act.

§ 5. APPLICATION TO BE MADE TO THE COUNTY SUPERINTEN- DENT OF SCHOOLS.] Applications from schools for the aid herein provided in the case of both state graded and state rural school c shall be made to the county superintendent of schools of the county in which such schools are located. The county superin- tendent shall forward to the state superintendent of public in- struction such applications as are endorsed and recommended by him, together with a certificate of the superintendent of the county wherein the school making such application is situated, to the effect that such school has fully complied with the conditions men- tioned in section three (3) of this act in the case of state graded schools, and with the conditions mentioned in section four (4) of this act in the case of state rural schools.

STATE OF NORTH DAKOTA

§ 6. INSPECTION BY DEPARTMENT OF PUBLIC INSTRUCTION. IN-

SPECTOR OF RURAL AND GRADED SCHOOLS. APPOINTMENT, SALARY AND EXPENSES. QUALIFICATIONS OF INSPECTOR.] Applications for

aid of state graded schools or state rural schools which have the endorsement and recommendation of the superintendent of the county wherein such schools are located shall be filed in the office of the state superintendent of public instruction and prior to the apportionment of any aid, under the provisions of this act, shall be duly inspected by an officer of the department of public instruction known as the inspector of rural and graded schools. Such inspector shall be appointed by the state superintendent of public instruction for a term of two years and shall receive a salary of $2,000 a year, together with his necessary and ac- tual traveling expenses while in the active discharge of his duties. Such salary and expenses are to be paid out of the moneys appro- priated for the purposes of this act upon presentation of vouchers properly verified and approved by the state superintendent of public instruction and filed with the state auditor. The inspector of rural and graded schools shall have the educational qualifi- cations required by law for state superintendent of public instruc- tion and shall have previously served as county superintendent of schools in this state.

§ 7. AMOUNT OF APPORTIONMENT.] Between the first of Au- gust and the first of September of each year, the state superin- tendent of public instruction shall apportion to each of said state graded schools which have fully complied with the provi- sions of this act and such additional rules as may be established by him, relating to state graded schools, the sum of one hundred fifty dollars in each year to state graded schools of the first class and to state graded schools of the second class the sum of one hundred dollars, and he shall apportion to each of the state rural schools which have fully complied with the pro- visions of this act and such additional rules as may be estab- lished by him relating to state rural schools, the sum of one hundred dollars in each year to each state rural school of the first class ; and to each state rural school of the second class, the sum of fifty dollars in each year; provided, however, that in case the amount appropriated and available shall not be suffi- cient to pay the amounts specified above, then the amount avail- able shall be apportioned pro rata among the schools entitled thereto and any moneys apportioned under this act shall be used solely to increase the efficiency of such schools. Provided, also, that but one school of each class in any township shall receive aid under the provisions of this act until all of those schools ap- plying for aid before August first of each year are considered and disposed of.

§ 8. ADDITIONAL AID TO CONSOLIDATED SCHOOLS.] Any consoli- dated school, meeting the requirements for a state graded school

HO GENERAL SCHOOL LAWS

of the first class shall receive additional aid in the amount of one hundred dollars, and any consolidated school meeting the requirements for a state graded school of the second class shall receive additional aid in the amount of seventy-five dollars; further, any consolidated school, meeting the requirements for a state rural school of the first class shall receive additional aid in the amount of fifty dollars and any consolidated school meeting the requirements for a state rural school of the second class shall receive additional aid in the sum of twenty-five dol- lars. A consolidated school, within the meaning of this act shall be one organized in accordance with section 832 of the Revised Codes of 1905.

§ 9. RECORDS, ACCOUNTS AND RULES.] The state superintend- ent of public instruction shall keep a record showing all schools applying for and receiving aid as state graded schools or as state rural schools in each year, and a detailed account of all moneys received by him and disbursed for such purposes. The state superintendent is also authorized to establish such additional rules as shall be found necessary to secure uniformity and the best re- sults among the schools receiving such state aid.

§ 10. ADVANCEMENT OF GRADED SCHOOLS OF THE FIRST CLASS

TO HIGH SCHOOLS AND ADVANCEMENT OF GRADED SCHOOLS OF THE SECOND CLASS TO GRADED SCHOOLS OF THE FIRST CLASS.]

First Class: When any state graded school of the first class in this state attains such a degree of proficiency as to satisfy the inspector of rural and graded schools that it has the qualifica- tions necessary to entitle it to be advanced to a state high school, such inspector may recommend the same to the state high school board for such advancement. If the state high school board is satisfied that such school complied with all the requirements nec- essary to entitle it to promotion, said board may raise it to a state high school, entitling it to aid as such.

Second class : When any state graded school of the second class in this state has attained such a degree of proficiency as to ' satisfy the inspector that it has the qualifications necessary to entitle it to be advanced to a state graded school of the first class such inspector may recommend the same to the state super- intendent of public instruction for such advancement. If the state superintendent of public instruction is satisfied that such school fully complies with all the requirements necessary to entitle it to promotion, such superintendent may raise it to a state graded school of the first class, entitling it to aid as such.

§ ii. REPORT OF STATE SUPERINTENDENT OF PUBLIC INSTRUC- TION.] The state superintendent of public instruction shall in- clude in his biennial report a comprehensive statement of all receipts and disbursements ; the names and number of schools in each class receiving aid; the number of pupils attending the classes in each and the cost of supervision of all schools receiv-

STATE OF NORTH DAKOTA I T I

ing aid under this act for the years covered by such report, to which may be added an estimate of appropriation needed to meet the requirements of this act for the succeeding two years and such other recommendations as he may deem useful and proper.

§ 12. AMOUNT APPROPRIATED FOR EACH CLASS.] For the pur- pose of carrying out the provisions of this act the following sums are hereby appropriated annually, to be paid out of any moneys in the state treasury not otherwise appropriated, viz: For aid to state graded schools the sum of six thousand dollars ($6,000) annually. For aid to state rural schools the sum of six thousand dollars ($6,000) annually and for additional aid to state consoli- dated schools the sum of three thousand dollars ($3,000) an- nually. For the inspector's salary as hereinbefore provided the sum of two thousand dollars ($2,000) annually and for the ac- tual and necessary traveling expenses of said inspector the sum of five hundred dollars ($500) annually, which amounts, or so much thereof as is necessary, shall be paid upon the itemized voucher of the state superintendent of public instruction, duly certified and filed with the state auditor. Provided, however, that in case the amount appropriated and available under this article for the payment of aid to such schools shall in any year be insufficient to apportion to each of such schools as are entitled thereto the full amount intended to be apportioned to state graded schools, state rural schools and state consolidated schools, then, in such case, such amounts as are appropriated and available shall be apportioned pro rata among the schools entitled thereto. Pro- vided, the first annual appropriations herein provided for such shall become available July first, 1911.

§ 13. REPEAL.] All acts and parts of acts in conflict with this act are hereby repealed.

Approved March 17, 1911.

CHAPTER 40. [H. B. No. 29— Davis.]

AN ACT to Provide for the Establishment and Maintenance of a Depart- ment of Agriculture, Manual Training and Domestic Economy in State High, Graded and Consolidated Schools.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ i. SCHOOLS TO MAINTAIN DEPARTMENT OF AGRICULTURE. How DESIGNATED.] Any state high school, graded or consolidated rural school having satisfactory rooms and equipment, and hav- ing shown itself fitted by location and otherwise to do agri-

112 GENERAL SCHOOL LAWS

cultural work, may, upon application to the high school board be designated to maintain an agricultural department.

§ 2. REQUIREMENTS. Each of such schools shall employ trained instructors in agriculture, manual training and domestic science, (including cooking and sewing), and have connected therewith, so long as they shall enjoy the benefits of this act, a tract of land suitable for a school garden and purposes of dem- onstration, and containing not less than ten acres and located with- in one mile of school buildings.

§ 3. INSTRUCTION TO BE OFFERED.] Instruction in the indus- trial department herein provided shall be free to all residents of this state. Where necessary to accommodate a reasonable number of boys and girls able to attend only in the winter months, special classes shall be formed for them. Said depart- ment shall offer instruction in soils, crops, fertilizers, drainage, farm machinery, farm buildings, breeds of live stock, stock judging, animal diseases and remedies, production, testing and hauling of milk and cream, the manufacture of butter and cheese, the growth of fruit and berries, management of orchards, mar- ket garden and vegetable crops, cereal grains, fine seeds, book- keeping and farm accounts and all other matters pertaining to general practice.

§ 4. Each of said schools shall receive state aid in the sum of two thousand five hundred dollars and its proportionate share of all moneys appropriated by the national government for the teaching of elementary or secondary agriculture in the public or high schools of this state, but shall not participate in the state aid now being given to the state high schools. Not more than five schools shall be aided the first year nor more than five be added to the list every two years thereafter.

§ 5. APPROPRIATION.] For carrying out the provisions of this act there is hereby appropriated out of any moneys in the state treasury not otherwise appropriated: For the year ending June 30, 1912, the sum of $12,500. For the year ending June 30, 1913, the sum of $12,500. Provided, that no more than one school in any county shall be added to the list of state schools receiving state aid under this act in any two years.

§ 6. EXTENSION TO RURAL SCHOOLS.] For the purpose of ex- tending the teaching of agriculture, home economies and manual training to pupils in rural schools, and for the purpose of ex- tending the influence and supervision of state high or graded schools over rural schools, one or more rural schools may be- come associated with any state high or graded school maintain- ing a department of agriculture, whether or not such high or graded school has been designated by the state agricultural high school board to receive aid under the provisions of this act. Any such high or graded school shall, for the purpose of this act, be known as a central school.

STATE OF NORTH DAKOTA 113

§ 7. How EFFECTED.] To effect this, proceedings shall be had by petition and election on the part of the rural school or schools as now provided by law for the consolidation of school districts and ballots to vote upon this proposition shall read :

To associate with District No for the teaching of agri- culture and manual training. Yes

No

The district or districts casting a majority vote upon the ap- proval of such association by a majority of the school board of the central school become so associated and the rural school or schools together with the central school shall thereafter be known

as the associated school of for the

teaching of agriculture and manual training.

§ 8. TAXES. How LEVIED.] The members of the various school boards of the associated schools shall meet on the third Monday in June of each year at the central school building to act as a board of review and to 'examine into the amount of money expended in each department of work herein provided for and to determine the amount of tax which shall be levied on the associated rural school district or districts for the purpose 'of maintaining courses of instruction as provided in section 3 of this act and for the purpose of extending such instruction to the pupils of the associated rural schools. Provided, however, that the tax shall not be less than one mill nor more than four mills in the various rural school districts in the association and such tax shall be in addition to other general and special school taxes in such rural districts. The amount of such tax shall be certified by the chairman of the meeting to the county auditor to be by him extended against the property in the respective districts and when collected by the county treasurer, such tax shall be paid to the treasurer of the central school who shall furnish the board of review full and detailed statement of all moneys received and expended.

§ 9. CENTRAL BOARD. How ORGANIZED.] The school board of each rural district associated with a central school under the provisions of this act shall designate one of its members by vote to act with the school board of the central school in carry- ing out the provisions of this act as to the teaching of agricul- ture, domestic economy and manual training in such schools and in all matters pertaining to such instruction both in the central school and in the associated rural schools, such member shall have equal power with the member of the school board of the central school.

§ 10. DUTIES OF PRINCIPAL.] The principal or superintendent of the central school shall have and exercise the same authority and supervision over the rural schools as over the central school.

114 GENERAL SCHOOL LAWS

He shall prepare for the associated rural schools a suitable course of study embodying training and instruction in agriculture and such subjects as are related to farm life and can be successfully taught in rural schools.

§ ii. How TERMINATED.] The relationship and obligations between the associated rural school or schools and the central school may be terminated at any annual school meeting by a majority vote of the associated districts, but not until the cen- tral school has had at least one year's notice of the intention to vote on the question.

Item $12,500 for year ending June 30, 1912, vetoed; others ap- proved, others approved March 18, 1911.

PARTIAL VETO.

Bismarck, March 18, 1911. To the Honorable, the Secretary of State:

I file herewith house bill No. 29, an act to provide for the es- tablishment and maintenance of a department of agriculture, man- ual training, and domestic economy in state high, graded and consolidated schools, with my approval except as to the item $12, 500 for the year ending June 30, 1912. This item is vetoed for the reason that the revenues of the state have been exceeded by the appropriations.

JOHN BURKE,

Governor.

CHAPTER 267. [S. B. No. 10 — Gunderson.]

DUTIES OF HIGH SCHOOL BOARDS AND INSPECTORS.

AN ACT To Amend Sections 1031, 1034, 1035 and 1036 of the Revised Codes of 1905, Relating to Education.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ i. Section 1031 of the Revised Codes of 1905 is hereby am- ended to read as follows:

§ 1031. HIGH SCHOOL BOARD. How COMPOSED AND DUTIES.] The superintendent of public instruction and the president of the state university, and the president of the North Dakota agricultural college, •ex-ofricio, one member to be chosen from among the superintendents of the city schools, in which are located high schools of first class and one member (male) who shall not be officially conected in any manner with the educa- tional system of the state, shall be appointed by the governor

STATE OF NORTH DAKOTA 1 15

as herein provided, and shall constitute and be called, 'The State High School Board," and shall perform the duties and have and exercise the powers hereinafter mentioned.

One of the members chosen from among the superintendents of the city schools of first-class, shall be appointed for a term of four years, and one member chosen from among the superin- tendents of city schools of first-class shall be appointed for a term of two years. The member of the board at large shall be appointed for a term of two years; thereafter, the members shall be appointed for a term of four years as provided by law in the case of other state boards.

§ 2. Section 1034 of the Revised Codes of 1905 is hereby amended to read as follows :

§ 1034. HIGH SCHOOL INSPECTOR. How APPOINTED. WHAT

SCHOOLS TO RECEIVE STATE AID. APPROPRIATION.] The State

high school board shall appoint a high school inspector, whose term of office shall be two years; provided, that the inspector appointed in 1911 shall hold office for two years from July I, 1911. The salary of the high school inspector shall be two thousand dollars per annum payable monthly, on warrant of the state auditor, from the general fund of the state. The high school inspector shall also receive his actual and necessary ex- penses incurred in the discharge of his official duties, which expenses shall be paid as provided by law out of the general fund of the state. He shall visit at least once a year, and care- fully inspect the instruction, discipline and general condition of each high school of the state and make a written report on the same immediately; provided, that no money shall be paid in any case until after such report shall have been received and examined by the board and the work of the school approved by the board. The said board shall receive applications from such schools for aid as hereinafter provided, which applications shall be received and acted upon in order of their reception. The said board shall apportion to each of said schools, which shall have fully complied with the provisions of this article, and whose application shall have been approved by the board, the following sums, to-wit : Eight hundred dollars each year to each school maintaining a four years' high school curriculum and doing four years' high school work. The sum of five hundred dollars each year to each school having a three years' high school curriculum and doing three years' high school work. The sum of three hundred dollars each year to each school having a two years' high school curriculum and doing two years' high school work ; provided, that the moneys so appropriated to any high school shall be used to increase the efficiency of the high school work; provided, that not less than forty per cent of the money appropriated must be used in any one year for libraries, labora- tories and other apparatus and equipment; provided, further

Il6 GENERAL SCHOOL LAWS

that the total amount of apportionment and expenses except the salary and expenses of the high school inspector, under this article shall not exceed forty-five thousand dollars in one year. The sum of forty-five thousand dollars is hereby appropriated annually for the purpose of this article, to be paid out of any moneys in the state treasury, not otherwise appropriated, which amount, or so much thereof as may be necessary, shall be paid upon the itemized vouchers of said board, duly certified and filed with the state auditor; provided, however, that in case the amount appropriated and available under this article for the payment of aid to such schools shall in any year be insufficient to apportion each of such schools as are entitled thereto, the full amount intended to be apportioned to the high schools of the various classes, then, in such case, such amount as is apportioned and available shall be apportioned pro rata among the schools entitled thereto.

§ 3. Section 1035 of the Revised Codes of 1905 is hereby amended to read as follows:

§ IO35. NO COMPENSATION FOR MEMBERS OF BOARD. EXPENSES.

SALARY OF HIGH SCHOOL INSPECTOR.] The members of the board shall serve without compensation, but the actual and necessary expenses of the board, salary and expenses of the clerk, of the examiner and of the readers of the high school board examination papers, shall be paid in the same manner as provided by law for other state officers.

§ 4. Section 1036 of the Revised Codes of 1905 is hereby amended to read as follows:

§ 1036. DISCRETIONARY POWERS.] The high school board shall have full discretionary power to consider and act upon applica- tions of schools for state aid and to prescribe conditions upon which said aid shall be granted, and it shall be its duty to accept and aid such schools only as will, in its opinion, if aided, efficiently perform the service contemplated by law. Provided, not more than five schools in any one county shall have the right to aid under the apportionment of the state high school fund until all other schools eligible under the provisions of this act shall have received their proportionate share of such high school aid. Any school once accepted and continuing to comply with the law and regulations of the board made in pursuance thereof shall be aided not less than three years. The board shall have power to establish any necessary and suitable rules and regulations relating to examinations, reports, acceptance and classification of schools, courses of study and other proceedings under this article.

Approved March 17, 1911.

STATE OF NORTH DAKOTA

CHAPTER 264.

[S. B. No. 304— Talcott.]

A THOROUGH SYSTEM OF INSTRUCTION IN SCHOOLS.

AN ACT Requiring a more thorough and Comprehensive System of In- struction in All Common and High Schools of this State, and Provid- ing a Penalty for the Violation Thereof.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ i. WRITING.] Each pupil in the common schools as they shall become sufficiently advanced to pursue the same, shall be re- quired to devote at least fifteen minutes practice in writing each day during the school year.

§ 2. COURSE OF STUDY IN HIGH SCHOOLS, SELECTIONS BY PU- PILS.] All pupils entering high school shall select one of the courses of study offered by said high school, and no pupil shall be permitted to change said course of study, except by permission of the superintendent of said school, or upon request of the parents or guardian of said pupil.

§ 3. REVIEW BY SENIOR CLASS, DUTY OF SUPERINTENDENT.]

The superintendent shall, and it is hereby made his duty to cause to be reviewed by each senior class during the second semester, the full and complete course of study pursued by said class in the grammar grades.

Approved Mar. 6, 1911.

CHAPTER 265. [S. B. No. 295— Gibbons.]

PROVIDING FOR COUNTY AGRICULTURAL AND TRAINING

SCHOOL.

AN ACT Providing for the Establishment of County Agricultural and Train- ing Schools and Their Joint Maintenance by the State and the County Wherein Located and Providing for a Levy of State Tax for the Rais- ing of Funds to Meet the State Share of said Cost of Maintenance.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ i. Whenever in the opinion of the citizens of any county in the state, it shall be deemed wise to establish a county school for the purpose of giving instruction in agricultural, domestic economy, manual training and for training of teachers for the rural schools and a petition containing the names of not less than three hundred freeholders is filed with the board of county com- missioners, praying for the establishment of such a school such board of county commissioners shall at its next regular meeting consider such petition and in case such board of county com-

Il8 GENERAL SCHOOL LAWS

missioners decide in favor of establishing such school, such board of county commissioners shall submit the question of establishing and maintaining such school to the electors of such county either at the next general election or they may order a special election for the purpose of determining whether such county shall es- tablish such school. Such special election shall be held in the manner and upon the notice prescribed by law for other elec- tions; but the published and posted notices of such election shall state its object and the amount of money to be appropriated for the establishing of such school. If the majority of all the votes cast at such general or special election upon the question of estab- lishing such school are in favor of establishing such school, the board of county commissioners of such county is hereby author- ized to appropriate money for the organization, equipment and maintenance of same and to levy and spread on the tax roll a sufficient sum to carry into effect the provisions of this act; but such sum shall not be less than ten thousand dollars, nor more than twenty thousand dollars, and not exceeding such sum as may be recommended by the board of trustees of the county agricultural and training school created by this act, which sum together with any gift or donation offered by any city or village desiring the location of such school shall be sufficient to pur- chase a building already constructed or to purchase material or labor to erect a new main building and such outbuildings as may be necessary; said sum may be all levied in one year, or the board of trustees of the county agricultural and training school created by this act may issue and sell certificates of indebtedness in an amount not to exceed said sum plus any additional amount required to pay the interest that may accrue on such certificates, which interest shall not exceed six per cent per annum and shall be paid annually. Such certificates shall be paid in five equal yearly payments and in case such certificates are issued and sold, it shall be the duty of the county board to levy and spread upon the tax roll a sufficient sum to pay the same as they become due together with accrued interest.

§ 2. After the establishment of such a school the board of county commissioners are hereby empowered and directed to levy and spread on the tax roll a sufficient sum to pay one-half (y2) of the cost of maintenance; it being the intent of this act to establish schools, the yearly cost of maintenance each of which is not to exceed six thousand dollars per year, and of which the state shall pay one-half (l/2) and each of such counties one-half

(JO'.

§ 3. The county treasurer shall be and shall act as the treasurer of the board of trustees and all funds levied and collected for the purpose of establishing and maintaining such a school shall be placed in his hands, the same as all other funds and shall be paid out, on the order of the president of the board of trustees and countersigned by its secretary.

STATE OF NORTH DAKOTA 1 19

§ 4. There is hereby created for any county desiring to es- tablish such a school a board consisting of five members to be known as "The Board of Trustees" of the county agricultural and training school, of which the county superintendent of schools shall be a member and of which he shall in all cases act as secretary; the other four shall be appointed by the board of county commissioners, two of whom shall serve for the balance of the school year ending June thirtieth, following their appoint- ment and two shall serve until the end of the second school year or until their successors are appointed and have qualified. After the organization of such board of trustees the terms of appoint- ment of the members of such board shall be for a term of two years, the terms of two members expiring at the end of each school year, but no member of the board of county commission- ers shall be eligible to appointment on the board of trustees, during his term of office as a member of the board of county commissioners. Vacancies occuring in the board of trustees, excepting in the case of the county superintendent, shall also be filled by appointment by the board of county commissioners with- in sixty days after they occur.

§ 5. Each person appointed a member of the board of trus- tees shall within ten days after notice of such appointment, take an oath to discharge his duties faithfully, which oath together with a bond, in the sum of two thousand dollars, shall be filed in the office of the county auditor. Within fifteen days after their appointment the members shall meet and organize by electing one of their number president. The members shall receive no compensation except their actual expenses while going to and from and while attending the meetings of the board of trustees and in the necessary discharge of their official duties in estab- lishing, equipping and maintaining the school. After having determined the amount of money required to establish, equip and maintain the school for one year, the secretary shall make a report of the estimated amount required, to the county audi- tor, in sufficient time to spread on the tax roll, but any such amount shall be subject to the approval of the board of county commissioners. Should the board of county commissioners deem it advisable to sell certificates of indebtedness in lieu of making a tax levy, it shall be done as required by section one of this act.

§ 6. There is hereby created a state agricultural and train- ing school board which shall consist of the president of the state agricultural college, the state superintendent of public instruc- tion and three practical farmers who shall be appointed by the governor of this state, one of whom shall serve until the end of the first school year, one of whom shall serve until the end of the second school year, and one of whom shall serve until the end of the third school year after the organization of this board; it being the intent of this act after the organization of this

I2O GENERAL SCHOOL LAWS

board, that the term of each appointed member of this board shall be for three years and no two of whose term shall expire in the same year. The president of the agricultural college shall be president of this board and the superintendent of public instruction shall be its secretary. This board shall meet at such time and place as its president may direct and shall prescribe the course of study to be pursued in the county agricultural and training schools, which shall include, first instruction in the ele- ments of agriculture including the study of soil, horticulture and plant life, animal life on the farm, a system of farm accounts, and manual training and domestic economy; second, instructions in the common branches and such other branches as are necessary for the training of teachers in the rural schools, in methods of school management and provisions for observation and practice in the art of teaching.

The state board of agricultural and training schools shall de- termine the qualifications to be required of the principal and other teachers in said school, and the president and secretary of the said state board shall each have a vote in the election of, and fixing the salaries of the principals of said schools. The other teachers shall be elected by the board of trustees of each school established under this act. It is provided that the course of study in the department of agriculture shall be so framed as to co-relate with the courses of study in the state agricultural college so that students from the county schools shall be admitted without examination to the next higher class in the state agri- cultural college next following that which they have completed in the county school. The superintendent of public instruction and the president of the agricultural college shall visit and in- spect each of said schools at least once each year, and make a report to the governor, relating to property management, in- struction and efficiency of these schools, and make such recom- mendations as in their judgment will further the efficiency and usefulness of any or all' of such schools.

§ 7. After the board of county commissioners have decided to establish a school it may receive offers of location, as well as money from each village or city desiring to have a school located within or near its boundaries; such offers and location shall be examined and considered by the board of county commissioners after which the board of county commissioners shall accept in the name of the county such site and money or other valuable property in aid of establishing a school as in their judgment may seem best, receiving to all lands bought or donated for a school site a deed in the name of the county. The board of trustees shall thereafter proceed to build such school, as soon as all other requirements prescribed by the act theretofore neces- sary have been complied with.

§ 8. Any school organized under the provisions of this act shall be free to residents of the county contributing to its sup-

STATE OF NORTH DAKOTA 121

port, but whenever students desire admission to the school in sufficient numbers to warrant the organization of special classes for their instruction, such classes shall be organized and continue for such time as the trustees may direct. The board of trustees shall make rules prescribing the conditions under which students may enter who are not residents of such county.

§ 9. When a county has determined as herein provided to establish, equip and maintain a county agricultural and train- ing school, the trustees, shall through the secretary and presi- dent make application to the superintendent of public instruc- tion for the establishment of such a school. The application shall be accompanied by a certified statement from the chairman of the board of county commissioners, and the county auditor, that the necessary tax levy will be made for the establishment and maintenance of such school. Such application shall be ref- ferred to the state board of agricultural and training schools, who shall determine as to its acceptance or rejection. If the ap- plication from any county for the establishment of such school is granted by them, and when subsequently all the provisions of this act are complied with by the county board and board of trus- tees, the county agricultural and training school shall be consid- ered as established in and for such county, and shall upon its compliance with the other provisions of this act receive aid from the state as provided herein.

§ 10. On the first day of July in each year the secretary of each county agricultural and training school board of each coun- ty maintaining a school on the approved list shall report to the state superintendent, setting forth the facts relating to the cost of maintaining the school, the character of the work done, the number and names of teachers employed and such other matters as may be required by the state board of agricultural and training schools. Upon the receipt of such report, if it shall appear that the school has been maintained in a satisfactory manner for a period of not less than nine months during the year closing on the thirtieth day of the preceding June, the superintendent of public instruction, as secretary of such board shall make a certi- ficate to that effect and file it with the state auditor. Upon receiving such certificate the state auditor shall draw his war- rant payable to the treasurer of the county maintaining such school a sum equal to one-half (%) the amount actually expended for maintaining such school during the year; provided, that the total amount as apportioned shall not exceed three thousand dol- lars in any one year.

§ ii. Any person who shall complete in a satisfactory man- ner the course of study prescribed for any county agricultural and training school and who shall be of good moral character shall receive a certificate signed by the principal of the school and by the members of the county training school board. Such certificate shall certify that the person named therein has sat-

122 GENERAL SCHOOL LAWS

isfactorily completed the course of study prescribed for the county school and is of good moral character ; it shall also con- tain a list of the standings secured by the person on the com- pletion of such studies pursued in the school. Such certificates shall have the force and effect of a second grade certificate issued by the county superintendent of the county in which the school is located, for a term of two years from the date of its issue; pro- vided that in case the holder thereof has never taught or cannot furnish satisfactory evidence of having successfully taught for at least one school year in the public schools of this state, said certificate shall be of full force and effect for one year only from its date of issue. When satisfactory evidence of successful teaching for at least one year upon said training school certi- ficate shall be furnished to the county superintendent, said super- intendent shall remove the limitation, whereupon the training school certificate shall have the full force and effect of a teacher's certificate of the second grade for two additional years. Any school superintendent or officer authorized to grant certificates to teachers in North Dakota is hereby authorized in his discre- tion to accept standings obtained by the completion of studies in any county and agricultural training school in lieu of actual examination by said superintendent or examiner at any time within three years from the date of the certificate of completion of the course by the person desiring to have such standings ac- cepted. This provision shall apply to certificates of second grade.

§ 12. The county boards of two or more adjoining counties may unite in establishing and maintaining agricultural and train- ing school for teachers for the purpose and on the general plan as provided for in section I of this act, and may appropriate money for its maintenance, and whenever two or more counties unite in establishing such school the county superintendent of the county in which the school house is situated shall be ex-officio secretary of the board, and the board of trustees shall consist of two members appointed from each of the counties so uniting in establishing and maintaining such school and no member of any board of county commissioners shall be eligible.

§ 13. Whenever two or more counties unite in maintaining and establishing such school the board of trustees provided for in such cases shall determine the amount of money necessary for the maintenance and equipment of the school for the next succeed- ing year and annually thereafter. Thev shall apportion the amount to be raised by taxation among the counties in propor- tion to the assessed valuation of the real and personal property in -each county as fixed by the state board of equalization and shall report to the county auditor of each county on or before the first Monday of May in each year, the amount of apportionment so fixed, and such apportioned amount shall be levied by the board

STATE OF NORTH DAKOTA 123

of county commissioners of each county for the ensuing year for the support of such schools.

§ 14. The county treasurer of the county in which the school is located shall be ex-officio treasurer of the agricultural and training school board, and all moneys appropriated and expended under the provisions of this act shall be expended by the board of said county training school and shall be paid by the said county treasurer on orders drawn by the secretary and countersigned by the president.

§ 15. For the purpose of providing funds for the payment of such claims as the state hereby obligates itself to do and the warrants thereon drawn, there is hereby created a fund to be known as the state agricultural and training school fund.

§ 1 6. It shall be the duty of the state board of equalization at the time of the levy of the annual tax to estimate the amount required to pay the state's share of the cost of maintaining the county agricultural and training schools established under ,.the provisions of this act, and to levy a special tax of not to exceed one-fifth (1-5) of one mill on the dollar upon the assessed valua- tion of all property in the state, which tax when collected shall be paid into the hands of the state treasurer who shall at once enter the same into the state agricultural and training school fund. Said fund shall be preserved inviolate for the payment of the state claims provided herein.

Approved March 6, 1911.

INDEX

ACCOUNTS— Section Page

County treasurer to keep with school corporations 113 39

Form of, for district treasurer in 38

ACTIONS—

Brought in the name of the state 301 94

Compulsory attendance law, for violation of 235 74

District treasurer failing to pay over money 2390 76

State's attorney to prosecute for non-attendance 235 74

Who may institute, on school treasurer's bond 66 2f

ACTS LEGALIZED—

Indebtedness and warrants legalized 308 96

Must be within debt limit 309 96

Pending actions not affected 309 96

Refunding bonds legalized 308 96

ACTS REPEALED—

Certain sections enumerated 310 97

ADDITIONAL SCHOOL TIME—

When additional time may be granted 85 32

ADJACENT TERRITORY- HOW attached to common school district 39 18

To special district 133 44

ADVERTISING—

Proposals for building school house 230 72

For depository of school funds 922 98

AGE—

Compulsory attendance 232 73

Deaf and feeble minded, compulsory attendance 232 73

Required for elementary certificate 249, 250 77, 78

For professional certificate 251 78

AGRICULTURAL SCHOOLS ESTABLISHED—

Appropriation for agriculture in schools 5 112

For each of five schools 4 112

Associated schools established how 7 113

Central schools established 6 112

Central board how organized 9 113

Duties of principal of central school 10 113

Course of study for associated school prescribed 10 114

Extension of privilege to rural schools 6 112

Instruction offered in agricultural schools 3 112

Other subjects besides agriculture 6 112

Partial veto of the act 114

Relationship of associated schools terminated how__n 114

Requirements to receive benefits of the act 2 112

Schools eligible to benefits of the act i in

Taxes of associated schools, how levied 8 113

126 INDEX

ANNEXATION— Section Page

County commissioners may annex territory 40 18

To a special district 133 44

APPEALS—

Applicant for certificate may appeal, how 260 81

From decision of county superintendent 29 16

Practice, state superintendent shall prescribe 6 12

State superintendent decides appeals 6 ___^_ 12

APPORTIONMENT—

Basis of, of tuition funds no 37

County tuition fund by county superintendent 118 41

State tuition fund, by county superintendent 27 16

State superintendent apportions when 103 35

Withheld when 107, 109 36, 37

APPROPRIATIONS—

Educational commission, expenses of 2 io5

Graded and rural schools, aid for 12 in

Institute fund, state appropriation 280 87

Schools having departments of agriculture 5 112

State high school as aid 1034 116

ARBITRATION—

(See Board of Arbitration)

Board constituted 217 67

Divides property of the districts concerned 218 67

ASSESSORS—

County superintendent to furnish maps 25 16

ASSESSMENTS—

(See Taxes)

ASSOCIATIONS—

County teachers' association L : 21 15

State Association, proceedings to be published 15 14

Teachers may attend 288 89

ATTENDANCE—

Compulsory age for 232 73

Length of time pupil must attend 232 73

Penalty for failure to comply with the law 234 74

For failure of officer to enforce law 235 74

Who are exempt from compulsory attendance 232 73

BALLOTS—

Form of, for election on bonds 223 69

For formation of special district 126 43

For consolidation of schools 84 32

To divide and form special district 126 43

BANKS—

P In special districts 168 54

Designated as depositories _ 923 98

.168.

BIBLE—

Not a sectarian book, teacher may read 276 86

BLANKS—

Distributed by county superintendent . 21 15

Prepared by superintendent of public instruction 4 12

INDEX 127

BLIND AND DEFECTIVE— Section Page

Enumeration of, by school board 89 33

BOARD OF ADJUSTERS- HOW composed and duties 121 41

BOARD OF ARBITRATION—

Appointment of members of board 217 67

Duties of such board 218 67

Members of the board 217 67

Taxes levied by, to pay award 218, 219 67

Collection of taxes so levied 220 68

BOARD OF EDUCATION—

(See Common School District Board)

(See topic under Special District, and Independent District)

BOARD OF EDUCATION IN CERTAIN CITIES—

Arbitration on change of boundaries 211 66

Board elected at large 205 65

Elected at large 205 65

Election, how conducted 207 65

Independent organizations abolished, how 209 65

Old school officers hold over 210 66

Relatives not eligible as teachers 208 65

Term of office of board members - 206 65

BOARD OF EXAMINERS—

(See State Board of Examiners)

BOARD OF INSPECTION—

Who constitutes, and duties of board 80 30

BONDS OF COMMON SCHOOL DISTRICTS—

Bonds, denomination of : 224 69

Building contracts let on bids 230 72

Cancelled bonds recorded 229 72

Certificate of county auditor required 225 70

County auditor may levy tax when 228 72

Depository of sinking fund 226 71

How selected 226 71

Election for issue of bonds 222 68

Ballot for election for bonds 223 69

Called on petition only 223 69

Notice of election on bonds 223 69

Not to be resubmitted in same year 223 69

Form of bonds . 225 69

How issued »__.i . 222 68

Issued for previous indebtedness, may be 231 72

Limit of bond issue 224 69

Negotiated how 227 71

Purpose of bond issue 222 68

Record of bonds to be kept 225 69

Register of bonds 225 70

Sinking fund for payment of bonds 225 7°

Statement from district officers - 225 70

Tax levy for sinking fund and interest 226 70

Treasurer exempt from liability, when 226 71

BONDS—

Of special district (see under Special District)

Of independent district (see under Independent District)

128 INDEX

BONDS, OFFICIAL— Section Page

Action on school treasurer's bond 66 27

Bank, must give bond as depository 923 98

City treasurer as treasurer of independent district 196 62

Contractors, for building must give bond 230 72

School treasurer's bond 62 25

Additional bond required when 63 25

Surety bond, and premium how paid 63^ 25

Treasurer of special district gives bond 149 49

Where bonds are filed 66 26

BOOKS—

Free text books 285 88

List for libraries, furnished by whom 4 12

Text books approved by state superintendent 285 88

BOUNDARIES—

County commissioners may rearrange 43^ 19

How changed 43 19

By annexation of part of town 40 18

New districts receive what boundaries 44 20

Of independent school districts 180 57

Of special district how changed 133 44

BRANCHES OF STUDY— (See Studies)

CENSUS, SCHOOL—

Enumeration, taken when and how 89 33

In special district 144 48

Report sent to whom 90 33

CERTIFICATES—

Accredited work 257 80

Appeal of applicants 260 81

Diplomas accredited, state institutions 254 79

Disposition of fees for examination 266 83

Examination by county superintendent 259 81

Fees for certificates 265 82

Grades of certificates . 248 77

First grade elementary certificate ___ 250 78

First grade professional certificate 252 7&

Second grade elementary certificate 249 77

Second grade professional certificate 251 78

High school diplomas accredited, when 258 81

Issued by state board of examiners 247 — 77

Other diplomas accredited 255 80

Papers kept on file, how long 260 81

Permits issued when and to whom 1 256 80

Pupils from agricultural schools, standings of _1 — __-ii — 122

Qualifications of teachers 261 81

Recorded in the office of county superintendent 262 82

Reexamination of papers when 260 81

Revoked, when 263 82

How revoked 264 82

Special certificates 253 79

Teacher must hold certificate to teach 262 82

When revocable 263 82

INDEX I2(J)

CHILD LABOR— Section Page

Age when unlawful to employ children 291 90

Evidence of age furnished when 292 90

Certificate of employment what to contain 295 92

Employment certificate what to contain 295 92

Issued on what evidence 294 91

Must be exhibited to whom 292 90

Must be kept on. file 292 90

Who may issue certificates 293 91

Employments prohibited 299 93

Evidence of age furnished 292 91

Hours of labor, for employment of child 297 92

Inspection of places of work 298 93

Lists of children employed must be posted 292 91

Lists accessible to whom 292 91

Penalty for violating provisions of this act 300 94

Prosecutions, how brought 301 94

Qualifications of the child for certificate ^ 294 92

School record of child shall contain what 296 92

CITY COUNCIL—

Ordinances as to property of independent district__204 65

CITY TREASURER—

In special districts is treasurer 147 49

Is treasurer of independent district 196-. 62

Moneys of district paid to, when 195 61

CLERK OF SCHOOL DISTRICT— (See District Clerk)

COMMON SCHOOL DISTRICT—

Apportionment forfeited when 109 37

Attached to other district when 39 18

Bonds, (see Bonds of Common School District)

Boundaries, changed how 43 19

General changes 43^ 19

Conditions on which organized 38 18

Consolidated, when and how 84-: — _ 32

Contracts of, irregular ratified , 47 21

County commissioners, duties of 43/2 19

County treasurer, accounts with 113 39

Divided, when by natural object 39 18

Division to form special district 130 43

Each district a corporation 37 18

Election of officers 48 21

(See Election of Officers in Common School Districts) Election on bonds (see Bonds of Common School District)

Having no school board, indebtedness how paid 121 41

Irregularities legalized 47 21

May sue and be sued 37 18

Name of district 42 IQ

New districts, how formed 44 20

In adjacent counties -44 20

Public notice how given 45 20

Not entitled to tuition fund, when 107, 109 36, 37

Numbers of ' 1 42 19

Old numbers retained 42 19

Officers in a new district 48 21

Petition for organization 38 18

Plats prepared by county auditor 46 20

I3O INDEX

COMMON SCHOOL DISTRICT— (Continued) Section Page

Schools shall be free and accessible 233 74

Small territory attached to adjacent district 41 19

Territory in two counties, how divided 39 18

Town or village divided by county line 40 18

What constitutes a common school district 37-- , 18

What territory may be organized into a school district_38 18

COMMON SCHOOL DISTRICT BOARD—

Action on treasurer's bond 66 27

Additional branches of study 75 29

Additional school time 85 32

Annual report 91 33

Annual settlement with treasurer in 38

Arranges school terms 83 , 31

Bonds, may purchase outstanding 226 71

Branches of study, additional 75 29

Cancellation of paid bonds 229 72

Census, shall take and how taken 89 33

Clerk of school board 57 24

Compensation of clerk 61 24

Duties of clerk 61 24

Vacancy in office of clerk 215 67

Compensation of officers 59 24

Consolidation of schools 84 32

Contracts, members not to be interested in 239 75

Course of study, and additional branches 75 29

Depositories, may designate 921 97

District high school may establish 86 32

Employ and dismiss teachers 72 28

Equalization of indebtedness 217 67

Establishes schools 68 27

Fences, to provide when 98 34

Fire escapes, must provide 94 34

Duty of what officers 95 34

Penalty for neglect of this duty 96 34

Fixes length of school term 83 31

Free text books, may furnish 285 88

When and how provided 286 -. 89

Funds, treasurer pays out when 63^. 26

Furniture and apparatus, board must provide 70 27

General powers of the board 67 27

Government and discipline, may prescribe rules 74 29

Grades salaries of teachers 72 28

Hitching posts, must provide _: 100 35

Health and decency, duty in regard to 290 90

How constituted 58 24

Indebtedness equalized 217. 67

Kindergarten, may establish when 289 89

Length of. school year fixed by board 83 31

Library, make provision for 70 27

Care of library 71 28

May appoint librarian 71 28

Meetings, regular and special 59 24

New school for remote pupils 82 31

Oath of office __, 56 23

Oath and bonds filed with clerk 66 26

Organization of the board 57 24

Physical education, make provision for 278 86

Powers of board, general ^__68, 69, 70 27

INDEX 131

COMMON SCHOOL DISTRICT BOARD— (Cont'd) Section Page

President, duties of 60 24

Proposals for building school house 230 72

Pupils from other districts, may admit when 73 28

From unorganized territory 73 29

Assigns and transfers pupils 73 29

Conveying and transportation of pupils 84 32

Rules of discipline for pupils 74 29

Suspends and expels pupils for cause 74 29

Purchase of site for school house how 81 31

Quorum 58 24

Records open to inspection 92 34

Must be kept in English 93 34

Remote pupils, new school for 82 31

Repairs, fuel and supplies, to furnish 69 27

Report on library facts 71 28

School house site, how obtained 81 31

Area of school house site 81 31

School house and site, new, how determined 78 29

Plans, how obtained 79 30

Special election, how called 79 30

School house used for other purposes 77 29

Schools established for remote pupils 82 31

Speculation in office prohibited 239 75

Stables in rural districts 100 35

Tax levy made by board 76, 115 29, 40

For sinking fund and interest 226 70

Teachers employ and dismiss 72 28

Grade salaries of 72 28

Text books free, powers of board 285 88

Treasurer, additional bond when 63 25

Bond of treasurer 62 25

Surety bond accepted ttf/-^ 25

Premium how paid 63^/2 - 26

Pays on warrants only 63^ 26

Salary of treasurer 66l/2 - — 27

Report of treasurer in .: 38

Warrants endorsed when 64 26

Vacancy in office of treasurer when 62 25

Warrants must specify purpose of issue 65 26

Trees, duty of board to plant 97 — : 34

Funds for tree planting 99 35

Truant officer, board may employ when 235 74

Vacancies how filled 214 66

What constitutes the board 58 24

COMPULSORY EDUCATION—

Age for compulsory attendance 232 73

County superintendent helps to enforce 235 74

Defective children sent where 232 73

Distance for compulsory attendance 232 73

Exceptions in compulsory attendance 232 ji_ 73

Exempt for religious duty when 232 •. 74

Medical inspection permitted 236 74

Penalty for neglect 234 74

Prosecution for neglect : --235 74

CONDUCTOR—

Institute conductor appointed by whom 280 87

132 INDEX

CONSOLIDATED SCHOOL— Section Page Defined 84 32

Entitled to additional state aid when 8 109

CONSOLIDATION OF SCHOOLS—

Arrangements made by school board 84 32

Election to vote on consolidation 84 32

Conduct of election 84 32

Distance for compulsory attendance 232 73

CONSTITUTIONAL PROVISIONS—

Applying to education and schools 8 10

CONTRACTORS—

Must give bond for building , 230 72

CONTRACTS—

Advertise for bids before letting 230 72

How let by board in special district 152 50

Officers not to be interested in 239 75

In independent district not interested in 185 58

Of irregular district ratified 47 21

Proposals for contract 230 72

Teachers' contract must be in writing 72 28

Is void when 262 82

CONVEYANCE—

Of real estate in independent district 200 64

CORPORATION—

Each district a corporation 37 18

COUNTY AGRICULTURAL AND TRAINING SCHOOLS—

Application to establish school sent where 9 121

Statement to accompany application 9 121

Board of trustees created 4 119

Appointed by county commissioners 4 119

Builds schools when 7 120

Consists of what members 4 119

County superintendent a member ex-officio 4 119

No compensation to members 5 119

Oath of member of board of trustees 5 119

Term of office of appointed members 4 119

Vacancies how filled 4 119

Certificate of completion of course given n 121

Certificate limited when n 122

Has value of second grade certificate when n 122

Certificates of indebtedness may be issued when i 118

Cost of maintenance borne by county and state 2 118

County school how established I 117

Construction of buildings I 118

Election to be held i 118

Issue of certificate of indebtedness i 118

Tax to be levied, and amount i 118

County treasurer is treasurer of board of trustees 3 118

Is treasurer of united school 14 123

Donations of site and money may be received 7 120

Fund created by the state 15 123

Levy for state fund 16 123

Inspection of agricultural schools 6 120

Levy for state fund for agricultural schools 16 123

INDEX

T33

COUNTY AGRICULTURAL AND TRAINING SCHOOLS-(Continued)

Section Page

• Qualifications of teachers in agricultural schools 6 120

Report of secretary to state superintendent 10 121

Schools free to residents of the county 8 120

Standings accepted by certificating officers n 122

State agricultural school board constituted 6 119

Duties and officers of the board 6 119

Two or more counties may unite to establish school 12 122

Taxation for union school 13 122

Treasurer for union school 14 123

Warrant for state appropriation drawn when 10 121

COUNTY AUDITOR—

Calculates levy of one-mill tax 304 95

Certificate required on bonds issued 225 70

Draws warrant for institute fund when 279 86

Extends levy of independent district 192 60

Levies tax to pay bonds when 228 72

To furnish school district plats 46 20

COUNTY COMMISSIONERS—

Appoints trustees of agricultural school ; 4 119

Forms new school district when 44 20

Hold election for agricultural school i 118

May establish agricultural school I 118

Levy of tax for such school 2 118

May rearrange boundaries of school districts 43 19

COUNTY OFFICIALS- NO commission or reward, shall receive i 102

Penalty for violation i 102

COUNTY SUPERINTENDENT OF SCHOOLS—

Absence from the county 36 17

Action on district treasurer's bond 66 27

Administer oaths, power to 30 16

Apportions the tuition funds 27 16

Application for aid to rural and graded schools 5 108

Advises and directs teachers 20 15

Blanks, distributes to school officers 21 15

Calls election on special district 124 42

Carries into effect instructions of state supt. 21 15

Certified statement of number of schools, file's 282 87

Compulsory education, duties in enforcing 235 74

Convenes teachers for instruction 21 15

County superintendents' meetings, to attend 7 12

Consults state superintendent about institutes 281 87

Decides questions of school law 29 16

Deputies, may appoint 33 i?

Salaries of deputies 33 17

Distributes blanks to school officers 21 15

Duties of 19, 20, 2i—_ 14, 15

Election of 17 J4

Elections, duty in first election in common district — 49 21

Formation of special district 125, 129 43

As to result of election 127 43

Enumeration sent to whom 90 33

Examines teachers for certificates 259 81

Fills vacancies in district offices _. 214 66

134 INDEX

COUNTY SUPERINTENDENT OF SCHOOLS— (Continued)

Section Page

Furnishes assessors with maps of districts 25 16

General duties 19, 20, 21 14, 15

Institute fund, how create 279 86

Statement of institute funds 279 86

Instructs officers in record keeping 22 15

Lists of officers to be filed 26 16

May organize teachers' training school, how 281 87

Medical inspection, duty to aid in 236 74

Meeting of superintendents, to attend 7 12

Member of board of trustees agricultural school 4 119

Mileage of superintendent and deputies 34 17

Notify district treasurer of apportionment iio___ 37

Oaths, may administer when 30 16

Office, stationery, etc. ' 28 16

Officers meetings, annual ---23 15

For record keeping 22 15

Plats and maps furnished to assessors 25 16

Preserves documents 24 15

Qualifications of county superintendent 18 14

Record of official acts 24 15

Record of visits 20 15

Report to the state superintendent 32 16

Reports delinquent teachers when 31 16

Salary 34 17

School law, decides questions of 29__. 16

Seal of county superintendent .--24 16

Shall not absent himself from the county 36 17

Special districts, calls election to form 125 43

Supervises common schools 19 14

Teachers, advises 20 15

Convenes for instruction 21 15

Teachers' institute, gives notice of 273 85

Term of office 17 14

Vacancies in office filled by 214 66

Vacancy in office of, how filled 213 66

Visits and inspects schools 20 14

Withholds county tuition fund when 107 37

COUNTY TREASURER—

Acting district treasurer when 62 25

Is treasurer of county agricultural school 3 118

Keeps accounts with school corporations 113 39

Negotiates bonds when 227 71

Notifies clerk when money drawn 112 39

On equalization board when 217 67

COURSE OF STUDY—

For common schools prescribed 5 I2

CREDIT GIVEN—

For reading circle work 284 88

From agricultural schools _' n 121

On diplomas of higher institutions 255 80

On high school diplomas 258 81

On normal diplomas 254 79

On standings of summer schools, etc. 257 80

INDEX 135

CURATIVE ACTS— Section Page Indebtedness and warrants legalized 308 96

Previously organized districts declared legal 47 21

Refunding bonds legalized 308 96

DEBT LIMIT—

Bonds and other indebtedness 224 69

Must not be exceeded by certain bonds 309 96

DEFECTIVES—

Compulsory education of 232 73

DEPOSITORIES—

Additional bond required when 923 98

Approval of bond of depository 923 98

Board designates depository 921 97

Bond approved by district judge when 923 98

Bonds of depository 923 98

Checks, how signed 932 100

Depositories chosen how 921 97

Equal bids, duty of the board 924 99

Equal balances in two or more banks 925 99

Exceptions to the law 935 IOT

Funds deposited in whose name 929 100

Funds to be deposited '. 920 97

Highest bid to be accepted 923 98

How time depository selected 927 99

Interest credited when 931 100

Limit of interest to be paid 928 100

Minimum amount to require deposit 935 101

Monthly statement must be furnished by bank 931 100

Penalty for violation of this law 930 100

Proposals for deposit of funds 922 98

Treasurer exempt from liability when deposit made_934 101

Violation of law a misdemeanor 936 101

When bids not required 933 100

When time deposits may be made 926 99

Where there is one bank or no bank 933 100

DEPOSITORY OF SINKING FUND—

How chosen and report 226 71

DEPOSITORY, SPECIAL DISTRICT—

For sinking fund how chosen 168 54

DEPUTIES—

County superintendent may appoint, salary of 33- 17

State superintendent may appoint 16 14

DISCONTINUANCE—

Of school term, when 83 31

DISTRICT CLERK—

Appointment of by board 57 24

Compensation and duties 61 24

Duty as to bonds 225, 229 69, 72

False reports, penalty for 240 76

Notify county auditor of tax levy 76, 116 29, 40

Notice of election of officers, to give 55 23

Vacancy sent to whom 214 66

Post notice of election 52 22

136 INDEX

DISTRICT CLERK— (Continued) Section Page

Records open to the public 92 34

Tax levy, notice to county auditor 76 29

Vacancy, how filled 215 67

DISTRICT HIGH SCHOOL—

How established and controlled 86 32

Adjacent districts may join 88 33

Length of term in district high school 87__ 32

DUTIES OF TEACHERS—

Assignment of studies 275 85

Bible, reading of 276 86

Branches to be taught 271 84

Certificate, must have 268 84

Certificate must be recorded 262 82

Certificate, or permit to whom granted 261 81

May be revoked for cause 263 82

Contract must be in writing 72 28

When void 262 82

Delinquent teachers reported by whom 31 16

Examination for certificate 259 81

Dates of examination 259 81

Excused from attendance at institute when 273 85

Grades pupils 275 _1 85

Holidays, what are 270 84

Humane treatment of animals, must teach 272 85

Institute and training school, must attend 273 85

Kindergarten teacher, must hold certificate 289 90

May suspend pupil, duty in such case 274 85

Must hold certificate 268 84

Moral instruction, must be given 277 86

No compensation, when 268 83

Notice of opening and closing school 267 83

Penalty for failure to attend institute 273 85

Physical education, instruction in must be given 278 86

Qualifications of teachers 261 81

Reexamination of papers, when 260 81

Register, what to contain 269 84

Relative of the board may teach when 67 27

Report to county superintendent 269 84

School year and school week defined 270 84

Superintendent of city school supervises 266^ 83

Wages held back when 269 84

Writing must be taught i 117

EDUCATIONAL ASSOCIATION—

Proceedings to be published 15 14

Teachers and superintendents may attend 288 89

EDUCATIONAL COMMISSION—

Commission created and its personnel i 105

Purpose and report of commission i 105

ELECTION OF OFFICERS IN COMMON SCHOOL DISTRICT—

Canvass of votes 54 23

Certificate of election 55 23

Conduct of election 54 23

Election officers 53 23

Vacancy, how filled _53 23

INDEX 137

ELECTION OF OFFICERS IN COMMON SCHOOL DISTRICT— (Con- tinued.) Section Page

First election, called by county superintendent 49 21

Election officers, first election 49 21

Notice of election 52 22

Posted fourteen days 52 22

Oath of election officers 53 23

Oath of school officers 55 23

Officers to be elected 48 21

At first election 48 21

Who may be officers 50 22

Polls open, hours of election 51 22

Tie, how determined 54 23

Voters, who are 50 22

ELECTIONS—

By secret ballot 129 9

Build or remove school house 79 30

Certain cities, school officers how elected 205 65

Consolidation of schools 84 32

County agricultural schools, to establish i 118

District high school, to establish 86 32

First election in new district 49 21

First officers in new special district 137 46

Independent district, to create 177 56

Officers of common school district (see preceding topic) Officers of independent school district

(See under Independent School District) Officers of Special District

(See under Special District)

Question of conveying pupils 84 32

School houses and sites, to determine 829 101

Special district, to form 124, 127 42, 43

ELECTION1 FOR BONDS—

Bonds of common school district, to issue 222 68

Ballot for election on bonds 223 69

Called only on petition 223 69

Notice of election on bonds 223 69

Bonds for special district, election for 165 52

ELIGIBILITY—

To hold office or vote 50 22

EMBEZZLEMENT—

Use of school funds is, when 2396 75

EMINENT DOMAIN—

Exercise of for school site 81 31

EMPLOYMENT CERTIFICATES—

Contents of certificates 295 92

Must be kept on file and accessible 292 90

On what issued 294 91

Who may issue 293..^ 91

ENABLING ACT—

Provisions for education 6

ENGLISH LANGUAGE—

Must be the medium of instruction 93 34

Records must be kept in 93 34

138 INDEX

ENUMERATION— Section Page

(See Census)

EQUALIZATION OF INDEBTEDNESS—

Arbitration board constituted 217 67

Maximum tax levy for equalization 2I9__. . 67

For all purposes 221 68

On change of boundaries 1 130 43

Property to be considered 217 67

Tax levied to equalize __2i8__ 67

Proceeds of tax turned over to district 220 68

Special district must equalize on change of boun- dary -— 130, 133 43, 44

Special district by special act must equalize 211 66

Special district by special act must equalize 211 66

EVIDENCE—

Clerk's record or transcript is, when __i43__ .__ 47

EXAMINATION—

(See Certificates)

EXPENDITURES—

Must not exceed revenues (Independent District) __IQ8__ 63

FEEBLE MINDED—

Compulsory education of 73

Enumeration of 89.-. — _ 33

FEES—

For teachers' certificates 265 82

FINES AND PENALTIES—

Compulsory attendance, failure to comply 234 74

Contracts without advertising for bids 240 76

County officer for receiving commission 1 102

Disturbing school __24i__ .__ 76

Embezzlement of funds __23QB__ — 75

Failure to comply with 'sanitary orders - 104

Failure to endorse unpaid warrants 2390 76

Failure to install fire escapes 96 34

False election returns 238 75

False reports 240

Neglect of duty 237.. 75

Removing school furniture 77 29

Speculation in office 239 75

Teacher not attending institute 273 85

Unlawful drawing of school money 239A 75

Unlawful use of school funds 2396 75

Violation of law of depositories 936 IOT

Violation of sanitary provisions 6 105

Willful disturbance of school 241 76

Without advertising for bids 240 76

FIRE ESCAPES—

Duty of what officers to provide 95 34

Penalty for neglect of duty 96 34

Required on what school houses 94 . 34

FLAGS—

To be provided for schools 287 89

When to be displayed l__287 89

IXDKX 139

FREE KINDERGARTENS— Section Page May be established how 289 89

FREE PUBLIC SCHOOLS—

What are 302 94

FREE TEXT BOOKS—

Contract for what length of time 285 88

How and when furnished 286 89

May be furnished 285 88

Price lists and samples must be filed 285 88

FUNDING INDEBTEDNESS—

Certain cases legalized 308 96

GOVERNOR—

Appoints members of board of examiners 243 76

Of high school board 1031 114

Educational commission reports to 2 106

Report of board of examiners made to 246 77

Of state superintendent made to 12 13

HEALTH AND DECENCY—

Duty of school officers 290 90

HIGH SCHOOL BOARD—

Appropriation for aid to high schools 1034 116

Amount paid to each school 1034 IT5

Application for aid sent to board 1034 115

Appropriation limited i 1034 116

Discretionary powers of the board 1036 116

Expenses of board, how paid 1035 IJ6

High school board, how composed 1031 114

Duties and term of office 1031 115

Powers of the board 1036 116

Inspector of high schools, appointed how 1034 115

Duties of inspector 1034 115

Salary and expenses of inspector 1034 115

Members of board receive no compensation 1035 116

Use of aid from state appropriation 1034 115

HIGH SCHOOL—

Board of education to establish and maintain 144 47

District (see District High School)

HITCHING POSTS—

School board must provide TOO 35

HOLIDAYS—

Certain holidays to be observed 270 84

No school to be taught on 270 :._ 84

What are holidays 270 84

ILLITERACY—

Legislature to take steps to prevent 151 10

IMPROVEMENT OF SCHOOL GROUNDS—

Amount to be expended annually 99 35

Fences constructed when 98 34

Tree planting 97 34

I4O INDEX

INDEBTEDNESS— Section Page

Bonds to pay outstanding may be issued 222 68

Equalization of 217 67

By board of education 130 43

Indebtedness declared legal 308 96

Bonds may be issued when 3o8__. 96

Pending actions not affected 309 96

INDEPENDENT SCHOOL DISTRICTS—

Authority to issue bonds 194 61

Board of education constituted 181, 184 57, 58

Election of 181 57

Conduct of election 182 57

Date of election 182 57

General powers of -board __i88__. 59

May admit non-resident pupils 191 60

May sue and be sued 184 58

Meetings of the board 186 58

Organization of board 184 58

Powers of the board 189 60

Responsibility of the board 185 58

Secretary of the board — 187 58

Vacancies, how filled 183 58

Visiting schools 190 60

Bond of treasurer 196 62

Bonds, may issue 194 61

Boundaries of the district __i8o__ 57

City council to pass certain ordinances 204 64

Debts of old district assumed 202 64

Election to create independent district '177 56

Ballots, form of 179 56

Canvass of votes , 179 56

Notice of election .178 56

Election of members of the board 181 57

Expenditures not to exceed revenues 198 63

Flags, to be provided and displayed 287 89

Free text books, may furnish, when and how 285 88

Funds, how kept and paid out 197 62

Health and decency, duty as to 290 90

How organized 177 56

Independent by special act abolished how 209 65

Investment of sinking fund _I97^___ 62

Kindergarten, may establish 289 89

Name of independent district 180 57

Penalties credited to board of education 204 65

Property, title to 199 63

Real property, title conveyed how 200 64

Refusal of member elect to serve, forfeit 203 64

Report of treasurer 201 64

Taxes, levied and collected 192 60

Tax limit 193 61

Text books, free, may furnish 285 88

Treasurer, who is 195 61

Vacancy in the board, how filled 183 58

INDEPENDENT SCHOOL ORGANIZATION—

Formed by special act may be abolished how 209 65

INSPECTION—

Of school buildings, board of constituted how 80 30

INDEX 141

INSPECTOR— Section Page

Of rural and graded schools 6 109

Of high schools 1034 115

INSTITUTES AND ASSOCIATIONS—

Appropriation for state institute fund 280 87

How to be used 280 87

Conductors and assistants appointed by whom 280 87

County institute fund how created 279, 282 86, 87

County supt, statement of institute expenses 279 86

Annual statement of institute fund 279 86

Expenses of conductors, etc., how paid 283 88

Lecturers and instructors, how appointed 280 l__ 87

Statement of number of schools filed by whom 282 87

State supt. appoints officers of institutes 280 87

INSTITUTE FUND—

Appropriation from the state 280 87

Certificate fees in county fund . 279 86

From county general revenue fund 282 87

How fund is used 281, 283 87, 88

INSTITUTIONS—

Maintenance of 303 94

INTEREST—

Unpaid warrants draw interest 64 26

KINDERGARTENS—

May be established, how and when 289 89

Supported how 289 89

Teacher must hold certificate 289 89

LIBRARY—

Care of library and report 71 28

List of books furnished by state superintendent 4 12

School board may appropriate money for library ..70 27

MAINTENANCE—

Of higher educational institutions 303 94

MAINTAIN SCHOOL- How long school to be in session 83 31

How long for aid as graded school : 3 107

For aid as rural school 4 107

MEDICAL INSPECTION—

Provided for in schools 236 74

MISDEMEANOR—

Failure to endorse unpaid warrant 2390 76

For county officer to receive commission 1 102

Letting contract without bids 242. 76

Unlawful drawing of school money 239A 75

Speculation in office 239 75

Violation of depository law — 936 101

MONEY—

One-mill tax, how apportioned 3°5 95

When paid to institution treasurer 3°7 95

MORALS—

Instruction in morals must be given 277 86

142 INDEX

MORTGAGES— Section Page

Investment in by special district 168 54

Satisfaction of by special district 169 55

NARCOTICS—

Nature and effects of must be taught 75, 271 5, 84

NON-RESIDENT PUPILS—

School board must admit to schools 73 28

Special district may admit 144 48

NORMAL SCHOOLS—

Diplomas accredited 254 79

NORTH DAKOTA EDUCTIONAL ASSOCIATION—

Board may allow teachers to attend 288 89

Proceedings to be published 15 14

Teachers may attend without loss of pay ___288 89

NUMBER OF SCHOOLS—

Statement of by county superintendent 282 87

OATH OF OFFICE—

Member board of education 161 52

Of election officers 53 23

Of school director : 56 23

OFFICERS—

Annual meeting of school officers 23 15

Of common school district 48 21

Terms of (see Term of Office)

OFFICIAL BONDS—

(See Bonds, Official)

ONE MILL TAX—

Apportioned how 305 95

Calculated by county auditor 304 95

Levied on all property 303 94

PENALTIES—

(See Fines and Penalties)

PERMITS—

Fees to be deposited when issued 265 83

Granted to whom and when 256 80

PETITIONS—

For bonding common school district 223 69

For formation of special district 124 42

PHYSIOLOGY AND HYGIENE—

Instruction to be given in 271 84

POLL TAX—

County auditor to levy 117 4°

PRESIDENT OF SCHOOL BOARD—

(See under Common School District Board)

PROPERTY—

Independent may take as gift IQ9-- 63

PROPOSALS—

For building school house, on bids 230 72

INDEX 143

PROSECUTIONS— Section Page

(See Actions)

PUBLIC MORALS—

To be inculcated by teacher 277 86

PUPILS—

Board may expel for cause 74 29

Graded by whom 275 85

In high schools must select course 2 117

Must review certain subjects 3 117

Teacher may suspend — 274 85

QUALIFICATIONS—

, Of county superintendent and deputies 18, 33 14, 17

Of teachers for aided schools 3, 4 107, 108

Of teachers for certificates 249, 253 77, 79

REAL ESTATE- HOW conveved in special districts 135 45

Independent district, how conveyed 200 64

READING CIRCLE—

Board constituted 284 88

Credit for work of 284 88

Maintenance of 266 83

REPEAL—

Of certain sections of old law 310 97

Of sections on building 7 105

REPORTS—

Board of education of special district 144 48

Board of examiners 246 77

Census, reported to whom and when 89 33

City treasurer's report 201 64

Clerk of school district 91 33

County superintendent 32 16

Defectives reported to whom 90 33

Educational commission 2 106

Superintendent of public instruction 12 13

Teacher's report at close of school 269 84

Treasurer of common school district in 38

(see Treasurer under other districts)

RURAL SCHOOL AID—

Additional aid to consolidated schools 8 109

Advancement of schools from class to class 10 no

Aid obtained by what schools 2 106

Amount of apportionment to schools 7 109

Amount of appropriation for each class of schools__i2 in

Application for aid made to whom 5 . 108

Apportionment to each school 7 109

Conditions required of graded schools 3 106

For rural schools 4 107

Consolidated schools may obtain additional aid __8 109

What are consolidated schools 8, 84 no, 32

Inspection by superintendent of public instruction 6 109

Inspector of rural and graded schools 6 109

Purpose of state aid . i 106

Records kept by state superintendent 9 no

Report on aided schools by state superintendent n no

Schools entitled to aid, what are 2 106

144 INDEX

SALARY— Section Page

Of county superintendent 34 17

Of deputies county superintendent 33 17

Rural and graded school inspector 6 109

High school inspector 1034 115

State superintendent 16 14

Teacher's salaries to be graded by board 72 28

SCHOOL BOARD—

(See Common School District Board)

SCHOOL BONDS—

(See Bonds of Common School District)

SCHOOL DISTRICT—

(See Common School District)

SCHOOL FUNDS—

Accounts, how kept in 38

County treasurer keeps accounts with districts 113 39

Collects school taxes 114 39

County tuition fund, apportioned how 118 41

Levied how 117 40

Withheld when 107, 109 37

Deposit in depository releases treasurer 934 101

District funds controlled by treasurer 106 36

Embezzlement of funds, what is 2396 75

Funds defined 105 36

Funds kept separate 104 36

How paid out 63^4 26

Institute fund, how created 279 86

Appropriation by state for fund 280 87

Paid out how and for what 281 87

Investment (see sinking fund under different districts)

Must be deposited when (see Depositories) 935 101

State tuition fund, apportionment 101 '35

Apportioned by county superintendent no 37

County treasurer reports 102 35

Defined 105 36

Excess; how used 105 36

Funds kept separate 104 36

How raised 101 36

How used , 105 36

New districts entitled to tuition fund 108 37

Paid out by district treasurer , 106 36

Reverts to original fund when 109 37

State auditor, duty of 103 35

Warrants drawn on state treasurer 103 35

Unlawful drawing of funds, penalty for 239A 75

When county treasurer pays district treasurer 112 39

Withheld when enumeration not taken 107 36

By county superintendent when 107 37

For failure to maintain school 109 37

SCHOOL HOUSES AND SITES—

Approval of plans by whom i 103

Board of inspection, inspects school house when 80 30

Bonds for building school house 222 68

Building plans inspected by whom 829 101

Construction of school houses 2 103

Contracts, how let 230 72

INDEX 145

SCHOOL HOUSES AXD SITES— (Continued Section Page

Election to be called, when 79 30

Grievances to be adjusted 4 104

House to be kept clean 2 104

How determined 78 29

May be used for other purposes _ — 77 29

Method of inspection of buildings 4 104

Plans, consult with whom 829 101

Anproved by whom 1 103

Furnished by state superintendent 79 30

Must show what 2 103

Prepared how and by whom 79 30

Proposals for buildings school houses -.230 72

Toilet rooms, how constructed 3 104

Two-thirds vote necessary to remove school house— 79 30

Ventilating flues and construction demanded 5 105

SCHOOL MONTH—

Defined 270 84

SCHOOL LANDS—

Reserved by national government 88 5

SCHOOL LAWS—

To be printed by state superintendent 14 13

SCHOOL OFFICERS—

May be removed by court 216 67

(See under different districts)

SCHOOLS—

Shall be free and accessible 233 74

SCHOOL SITES—

Bonds for purchase of 222 68

How obtained 81, 829 31, 101

Selected by election 79 30

New school for remote pupils 82 31

Reversion to original owner when 81 31

SCHOOLS, PUBLIC—

Free public schools, what are 302 94

Bible, not to be excluded from 276 86

Close -for teachers' institute 273 85

Course of study 271 84

Must be free and accessible 233 74

Must be maintained how long 83 31

To share in funds 109 37

Willful disturbance of, penalty for 241 76

SCHOOL TAXES—

(See Taxes)

SCHOOL TERM —

Increase on petition 85 32

Length, and how fixed 83 31

Minimum length of term 83 31

To share in funds 109 37

Special districts, length of term 144 47

When term discontinued 83 31

146 INDEX

SCHOOL TREASURER— Section Page

Accounts, how kept in 38

Settlement when in 38

Action on bond , 66 27

Additional bond when required 63 25

Bond of treasurer 62 25

Premium on j. 63^ 25

Bonds of district negotiated how 227 71

County treasurer to pay funds to when 112 39

Deposit in depository releases from liability 934 101

Embezzlement of funds, what is 2396 75

Endorsement of unpaid warrants 04 26

False reports, penalty for 240 76

Funds, how paid out 63^4 26

Liability ceases with deposit 934 101

Notice to drawee of unpaid warrants 64 26

Records open to the public 92 34

Reports, form of, triplicate in 38

False reports, penalty for 240 76

Salary of treasurer . 66l/2 27

Surety bond 03^ 25

Unlawful drawing of money, penalty for 239A 75

Warrants unpaid to be endorsed 64 26

Penalty for failure to endorse 2390 76

Notice to drawee when funds to pay 64 26

When county treasurer pays funds to 112 39

SCHOOL WEEK—

Denned 270 84

SCHOOL YEAR—

Defined __270__. . 84

SEAL—

Board of education, independent district 184 58

County superintendent shall have 24 16

Superintendent of public instruction to use n 13

SECRETARY—

Of board of education, duties of 143 47

Board of examiners, who is 243 76

Trustees of agricultural school 4 119

SINKING FUND—

Created, must be in bonded district 226 71

In special district, created how and when 167 53

Investment of sinking fund 168 53

(Also see under different districts)

SITES—

(See School Sites)

SPECIAL DISTRICTS—

Adjacent territory may be attached, how 133 44

Becomes part of general district when 133 45

Board assumes control when 153 50

Board of education and quorum 138 46

Compensation of members 139 46

Clerk, duties of 143 47

Duties of the board 144 47

Election of board members 155 51

INDEX 147

SPECIAL DISTRICTS— (Continued) Section Page

Canvass of returns 159 51

Certificate of election 160 52

Notice of election 156 51

Form of notice 157 51

Officers of election 158 51

Precincts for election 158 51

Flags, shall purchase 287 89

Free text books, may provide 285 88

When and how to provide free texts — 286 89

Health and decency, duty of the board 290 90

Kindergarten, may be established, how 289 89

Meetings of the board 140 46

Members must not be interested in contracts 139 46

Oath of office 161 52

Organization of the board 141 46

Powers of the board 144 47

President, duties of 142 47

Teachers may attend educational association 288 89

Vacancies on the board, how filled 162 52

Bonded debt of old district, how paid 132 44

Tax levy for payment 131 44

Bonds of special district, how and when issued 163 52

Denomination of bonds 164 52

Election for issuing bonds 165 52

Interest coupons 170 55

Issue of bonds, how governed 175 56

Levy for payment of bonds 167 : 53

May be exchanged 174 56

Mortgaged security satisfied 166 53

Must specify what purpose - 166 53

Refunding bonds issued when 173 55

Register of bonds by clerk 170 55

Surplus funds may be transferred 176 56

Creation of a special district 123 42

Conveyance of property 135 45

Constituted when 128 43

Debt limit of the district 166 53

Detachment of territory 133 44

Division of property 130 43

* Election to form district 124 _ 42

Ballots, form of 126 43

Conduct of election 125 43

Notice must be given 125. 43

Results announced 127 43

Establish kindergarten, when and how 289 89

Expenditures on written contract 152 50

Excess of $500 must be on bids 152 50

First election of officers 129 43

Flags, to provide 287 ;_ 89

Free text books, when and how 28=; 88

How organized 136 45

Election of first board 137 46

Investment of sinking fund 168 53

May become part of general district 154 5°

Name of corporation — 134 45

Petition for organizing special district ----- 124 42

Portion of district mav become special district 123 42

Supervision of school by whom 145 4&

148 INDEX

SCHOOL DISTRICTS— (Continued) Section Page

Territory outside may be included 123 42

Tax, annual levy 151 49

Taxable property 150 49

Treasurer, who is 147 49

Bond of treasurer 149 49

Custodian of funds 146 48

Duties of treasurer _ 148 49

Vacancy in board of education, how filled 162 52

What cities may become special districts 122 42

SPECULATION—

Receiving commissions forbidden i 102

STABLES—

In rural districts, provided when 100 35

STATE AUDITOR—

Institute fund, warrants on 281 87

Tuition fund, duties as to 103 35

STATE BOARD OF EXAMINERS—

Annual report of 246 77

Appointed by the governor , 243 76

Compensation of board members 245 77

Duties of the board 247 77

Constituted ^ 243 76

Expenses of the board --245 77

Kindergarten teachers, examination of 289 90

Meetings of the board 244 77

Organization of the board _ 244 77

Reading circle board ex-omcio 284 88

Shall constitute the reading circle board 284 88

Shall deposit fees with the state treasurer 266 83

Standings from agricultural school, accept n 122

STATE HIGH SCHOOL BOARD— (See High School Board)

STATEMENT—

Of number of schools for institute fund 282 87

STATE PROFESSIONAL CERTIFICATE—

Issued for life 252 78

For five years 251 78

STATE'S ATTORNEY—

Prosecutes violation of compulsory law 235 74

STATE TREASURER—

Institute funds paid on his warrants 281 87

STATE TUITION FUNDS— (See School Funds)

STIMULANTS—

(See Narcotics)

STUDIES—

Additional studies determined by school board 75 29

Assigned by the teacher 275 85

Certain to be reviewed in senior year 3 117

Required for certificates 249, 253 78, 79

To be taught in common schools 271 84

INDEX 149

SUPERINTENDENT OF CITY SCHOOLS— Section Page

Board may appoint 144 48

May issue employment certificates 293 91

Must have certain studies reviewed 3 117

Not controlled by county superintendent 19 14

Shall report recommendations to board 266^2 83

Supervision of the schools of the city 145 48

SUPERINTENDENT OF PUBLIC INSTRUCTION—

Advise boards of education 6 12

Appeals from county superintendent, decides 6 12

Appeals shall file records 10 13

Appoints institute conductors, instructors, etc. 280 87

Approves account institute conductor's expenses —281 87

Approves plans for school houses i 103

Assistants in office, may appoint 16 14

Attends teachers' institutes 9 13

Biennial report, shall make 12 13

Shall print and distribute report 13 13

Board of agricultural schools, is secretary of 6 120

Board of examiners, is secretary of 243 76

Books and documents, shall preserve 2 n

County superintendents meetings, to call 7 12

County superintendents, shall advise 6 12

Course of study, shall prescribe 5 12

Educational association, publish proceedings 15 14

Election of I II

General duties 9 13

General supervision of public schools 2 13

High school board, member of 1031 114

Inspection of county agricultural schools, duty 6 120

Of rural and graded schools 6 109

Institutes, appoints conductors, etc. 280 87

Assists at institutes 9 13

Course of instruction for, prescribes 8 12

Rules for institutes and training schools 8 12

List of publications, to furnish 4 12

Member of certain boards 3 12

Qualifications of I n

Rules for teachers' institutes, shall prescribe 8 12

Record of official acts, shall keep 10 13

Reports on rural and graded schools aided n no

Salary of state superintendent 16 14

Sample copy of text books sent to 285 88

School laws printed and distributed when 14 13

Seal, shall have n 13

Shall preserve documents 2 n

Supplies and blanks, shall furnish 4 12

Term of office i n

Text books, approved and lists furnished 285 88

Traveling expenses 16 14

Vacancy, how filled 212 66

SUPPLIES—

Blanks, etc., furnished by state superintendent 4 12

SUSPENSION OF PUPILS—

By school board 74 29

Teacher may suspend 274 85

I5O INDEX

TAXES— Section Page

Annual school tax 115 40

Collections certified to county superintendent 118 41

County agricultural schools, tax for 2 118

State levy for support 16 123

Delinquent taxes apportioned 119 41

Equalization of debts, maximum levy .219 68

How and when collected 114 39

In districts having no school board 121 41

Levy, how made 76, 115 29, 40

Of county tuition tax 117 40

How made and when 115 40

To pay judgment 116 40

Maximum levy 120 41

One-mill tax levied 303 94

How apportioned 305 95

Tax to equalize indebtedness 219 68

Uniform, taxes must be 120 41

TEACHERS—

Relatives of board eligible when 67 27

In certain cities 208 65

(See Duties of Teachers)

TEACHERS COLLEGE—

Diplomas of, accredited . __254__ 79

TEACHERS' INSTITUTE—

(See Institutes and Associations)

Rules for by state superintendent 8 12

State superintendent to attend 9 13

TEACHERS' READING CIRCLE— (See Reading Circle)

TEACHERS' TRAINING SCHOOL—

County funds appropriated how 282 87

Counties may unite for 281 87

Rules for by state superintendent 12

Teachers may attend 273 85

(Also see Institutes and Associations)

TERM—

Of office, clerk of school district 57 24

County superintendent of schools 17 14

Director, three years 48 21

State superintendent I n

Treasurer of school district 48 21

Of School (see School Term)

TERRITORY—

Adjacent, how attached 133 44

Divided when 39 18

By natural obstacle 41 I9

To form special district __I28__ . 43

In two counties 39— *8

New district may include what — 44--

What may be organized 38 18

TEXT BOOKS—

(See Free Text Books)

May be furnished by district 285 88

Must be approved 285 88

INDEX 151

TITLE — Section Page How acquired 81 31

TOWNSHIP—

Fractional township may be annexed 41 19

TRAINING SCHOOL—

(See Teachers' Training School)

TRANSPORTATION—

Distance to make transportation mandatory 232 73

Furnished by district when 84 32

TRAVELING EXPENSES—

Board of examiners 245 77

County agricultural school board of trustees 5 119

County superintendent (see Mileage)

Educational commission 2 106

High school board . 1035 116

High school inspector 1034 115

Rural and graded school inspector 6 109

TREASURER—

(See School District Treasurer) (See State Treasurer)

TRUANT OFFICER—

May be employed in what districts 235 74

TUITION FUND—

(See School Funds)

TWO AND A HALF MILES—

Limit for organizing school and compelling attendance 82 31

UNITED STATES FLAG—

(See Flags) Provided and displayed when 287 89

VACANCIES—

Board of education of special districts 162 52

Of independent districts 183 58

Board of trustees agricultural schools 4 no

County superintendent 213 . 66

Director of common school district 214 66

Election board 53 23

Failure to give bond 149 49

Treasurer of independent district 197 62

School clerk 215 67

School treasurer 214 66

Superintendent of public instruction 212 ___ 66

When there is a vacancy 216 67

VOTERS—

Who are voters 50 22

WARRANTS—

Money paid only on proper warrants 148 49

No money paid except on proper warrant 63M 26"

Notice to drawee of sufficient funds ^_ 64 26

Only for prior indebtedness 65 26

Penalty, failure to endorse unpaid 2390 76

Unpaid bear interest 64 26

To be endorsed 64 '26

What to specify 65 26

152 INDEX

WATER CLOSETS— Section Page School board must provide 290 90

WEEK—

School week defined 270 84

WOMEN—

Are voters when • 128 9

WRITING—

Must be taught in all schools i 117

YEAR—

School year defined 270 84

Educational Laws

Enacted by the

Thirteenth Legislative Assembly of North Dakota

1913

EDUCATIONAL LAWS

OF THE

Thirteenth Legislative Assembly

OF THE

State of North Dakota 1913

CHAPTER 228. [S. B. No. 33— Gronvold.]

PROHIBITING PUBLIC DRINKING CUPS.

AN ACT to Prohibit the Use of Public Drinking Cups in the State of North Dakota.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ i. The use of public drinking cups on railroad trains, in railroad stations, in the public, parochial, or private schools, and other educational .institutions and other public buildings of the State of North Dakota, is hereby prohibited from and after Sep- tember i, 1913.

§ 2. No person or corporation in charge of any railroad train or station, no school board, board of education, town board of school directors, or board of trustees of any public, parochial, or private school or educational institutions and other public build- ings shall furnish any drinking cups for public use, and no person or corporation shall permit upon said railroad trains or in station, or at any said public, parochial, or private school, or educational institution, the common use of drinking cups.

§ 3. Whosoever violates the provisions of this act shall be deemed guilty of misdemeanaor and shall be liable to a fine not to exceed twenty-five dollars for each offense.

Approved March i, 1913.

CHAPTER 6. [S. B. No. 44— Talcott]

RURAL SCHOOLS.

AN ACT to Amend and Re-enact Sections i, 2, 3, 4, 5, 6, 7, 8, 9, 10, n, 12, 13, of Chapter 35 of the Session Laws of the year 1911, of the State

EDUCATIONAL LAWS

of North Dakota, Being an Act to Encourage Elementary Education in North Dakota, and Appropriate Money Therefor.

PARTIAL VETO.

BISMARCK, N. D., March 21, 1913. To the Honorable, the Secretary of State:

I file herewith Senate Bill No. 44, an Act to amend and re- enact Sections i, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, of Chapter 35 of the Session Laws of the year 1911 of the state of North Dakota, being an Act to encourage elementary education in North Dakota, and appropriate money therefor, with my approval, except as to item in Section 12 of $2,000.00 annually for inspector's and as- istant's salary, which is not approved for the reason that the in- spector's and assistant's salary is provided for in the so-called budget bill; and -except as to item in Section 12 of $400.00 annu- ally for payment of postage, stationary, and clerical assistance required by the inspector and the printing of the inspector's an- nual report. This item is not approved for the reason that the revenues of the state have been largely exceeded by the appropri- ations.

I have the honor to be,

Very respectfully,

L. B. HANNA, Governor.

Be It Enacted by the Legislative Assembly of the Stafe of North Dakota:

§ i. AMENDMENT.] That Sections i, 2, 3, 4, 5, 6, 7, 8, 9, 10, n, 12, 13 of Chapter 35 of the Session Laws of the year of 1911 of the state of North Dakota, be amended and re-enacted to read as follows:

§ i. PURPOSE.] The purpose of this Act shall be to aid, en- courage, stimulate, and standardize the rural, consolidated and graded schools of this state, and thereby increase the efficiency of the entire educational system of this state.

§ 2. GRADED, CONSOLIDATED AND RURAL SCHOOLS MAY OBTAIN STATE AID.] Any public school in any common school district in the state, or any public school in any city, town or village, or any consolidated school in the state, not entitled to aid as a state high school, but fully complying with the conditions of this Act relating to state graded schools, and any public school in any com- mon school district in the state not located in any incorporated city, town or village, but fully complying with the conditions of this Act relating to state rural schools, may receive aid as herein- after provided for state consolidated schools, state graded schools and state rural schools.

§ 3. CONDITIONS TO BE COMPLIED WITH BY THE STATE GRADED SCHOOLS IN ORDER TO OBTAIN AID.] State graded schools shall

THIRTEENTH LEGISLATIVE ASSEMBLY 5

be of two classes, viz : first and second class. First class : In or- der to be entitled to aid as a state graded school of the first class, such school shall for the school year next preceding that for which aid is granted have complied with the following conditions: First, it shall have maintained at least nine months' school. Sec- ond, it shall be well organized, having at least four departments under the supervision of proficient teachers. The principal shall be a graduate of a normal or other institution of higher learning or shall hold a professional certificate, and each department of such school shall be taught by a teacher having at least a first grade elementary certificate. Third, it shall have a suitable school build- ing, properly lighted, heated and ventilated, sanitary and com- modious outhouses, and other necessary accommodations, library and such other apparatus as is necessary to do efficient work. Fourth, such school shall have a regular and orderly course of study, and shall include the first two years of a high school course, as suggested by the state board of education, as well as courses in domestic science and either manual training or elementary agri- culture, and shall comply with such rules as may be established by the state board of education.

Second Class : In order to be entitled to aid as a state graded school of the second class, such school shall have complied with the following conditions for the school year next preceding that for which aid is granted, viz: First, it shall have maintained at least nine (9) months' school. Second, it shall be well organized, having at least two departments under the supervision of pro- ficient teachers. The principal shall be a graduate of a normal school or other institution of higher learning or shall hold a pro- fessional certificate, and each department of such school shall be taught by a teacher having a first-grade elementary certificate or better. Third, it shall have a suitable school building, properly lighted, heated and ventilated; sanitary and commodious out- houses and other necessary accommodations, a library, and such other apparatus as is necessary to do efficient work. Fourth, such school shall have a regular and orderly course of study as prescrib- ed in the state course of study for common schools, courses in do- mestic science, and either manual training or agriculture, and shall comply with such rules as may be established by the state board of education.

§ 4. CONDITIONS FOR OBTAINING AID AS A STATE RURAL SCHOOL.] State rural schools shall be of two classes, viz. : first and second class.

First Class: In order to be entitled to aid as a state rural school of the first class, such school shall have complied with the following conditions during the school year next preceding that for which aid is granted ; First, such school shall have maintained at least nine (9) months' school.

Second : It shall be taught by a teacher of successful exper-

EDUCATIONAL LAWS

ience, holding a first-grade elementary certificate, or a certificate of higher grade.

Third: It shall have a suitable school building, properly light- ed, heated and ventilated ; sanitary and commodious outhouses and other necessary accommodations, a library and such other ap- paratus as is necessary to do efficient work.

Fourth: Such school shall have a regular and orderly course of study as prescribed in the state course of study for common schools, including elementary agriculture, and shall comply with such rules as may be established by the state board of education.

Second Class : In order to be entitled to aid as a state rural school of the second class, such school shall have complied with the following conditions for the school year next preceding that for which aid is granted, viz. :

First: Such school shall have maintained at least eight (8) months' school.

Second: It shall be taught by a teacher of successful experi- ence, holding a second-grade elementary certificate or a. certificate of higher grade.

Third : It shall have a suitable school building, properly lighted, heated and ventilated, sanitary and commodious outhouses, and other necessary accommodations, library and such other apparatus as is necessary to do efficient work.

Fourth: Such school shall have a regular and orderly course of study as is prescribed in the state course of study for common schools, including elementary agriculture, and shall comply with such rules as may be established by the state board of education.

§ 5. APPLICATION TO BE MADE TO THE COUNTY SUPERINTEND- ENT OF SCHOOLS.] Applications from schools for the aid herein provided in the case of state graded, consolidated and state rural schools, shall be made to the county superintendent of schools of the county in which such schools are located. The county superin- tendent shall forward to the state superintendent of public in- struction such applications as are endorsed and recommended by him, together with a certificate of the superintendent of the county wherein the school making such application is situated, to the effect that such school has fully complied with the conditions mentioned in Section three (3) of this Act in the case of state graded or state consolidated schools, and with the conditions men- tioned in Section four (4) of this Act, in the case of state rural schools, and in addition the rules established by the state board of education. The county superintendent shall also file with the in- spector when requested to do so by that officer a certified list of such schools as have met the requirements for classification.

§ 6. INSPECTION OF SCHOOLS. STATE SCHOOL INSPECTOR. AP- POINTMENT. QUALIFICATIONS. SALARY AND EXPENSES. DUTIES AND REPORTS. ASSISTANT INSPECTOR.] Application for aid to state graded schools, state rural schools or state consolidated

THIRTEENTH LEGISLATIVE ASSEMBLY

schools which have the endorsement and recommendation of the county superintendent wherein such schools are located shall be filed in the office of the state superintendent of public instruction; and before any apportionment of any aid can be made under the provision of this Act, such school shall be duly inspected and rec- ommended for classification by an officer to be known as state inspector of rural and graded schools and consolidated schools. Such inspector shall be appointed by the state superintendent of public instruction for a period of two years; provided, that such appointment must be confirmed by the state board of education. This inspector shall have the same educational qualifications as required by law for the office of state superintendent of public instruction, and shall have been a county superintendent of schools. The inspector shall receive an annual salary of two thousand dol- lars; and in addition thereto his necessary and actual expenses incurred in the discharge of his official duties, not exceeding fif- teen hundred dollars in any one year. The salary and traveling expenses shall be paid in the same manner as in the case of the state superintendent of public instruction. It shall be the special duty of the state inspector of consolidated, rural and graded schools to aid and promote consolidation of schools, and to further that end, he shall, when possible, attend teachers' meetings, institutes, training schools and school officers' and patrons' meetings, and discuss consolidation and kindred topics. He shall on or before the fifteenth day of September in each year, make and transmit to the governor and the state superintendent of public instruction, a report showing the conditions of the schools inspected, with such summaries and recommendations as he may think proper ; and not more than fifteen hundred of such reports shall be printed each year. He shall also file in the office of the state superintendent at the close of each school month individual reports of the several schools inspected during that month.

§ 7. AMOUNT OF APPORTIONMENT.] Between the first and fif- teenth of August in each year, the state board of education shall apportion to each of said state consolidated schools the sums named in Section 8 of this Act, and to each of said state graded schools which have fully complied with the provisions of this Act and such additional rules as may be established by the board, relating to state graded schools, the sum of two hundred dollars in each year to state graded schools of the first class, and to state graded schools of the second class the sum of one hundred fifty dollars ; and they shall apportion to each of the state rural schools which have fully complied with the provisions of this Act and such ad- ditional rules as may be established by the board relating to state rural schools, the sum of one hundred fifty dollars in each year to each state rural school of the first class ; and to each state rural school of the second class the sum of one hundred dollars in each year: provided, however, that in case the amount apportioned and

8 EDUCATIONAL LAWS

available shall not be sufficient to pay the amounts specified above then the amount available shall be apportioned pro rata among the schools entitled thereto, and any money? apportioned under this Act shall be used solely to increase the efficiency of such schools. Provided, also, that but one school of each class in any township or district shall receive aid under the provisions of this Act until all of those schools applying for aid before August first of each year are considered and disposed of. These amounts shall be paid by the state treasurer on warrant of the state auditor when duly certified and filed with the state auditor by the super- intendent of public instruction.

§ 8. AID TO CONSOLIDATED SCHOOLS.] Any consolidated school meeting the requirements for a state graded school of the first class shall receive aid in the amount of six hundred dollars, and any con- solidated school meeting the requirements for a state graded school of the second class shall receive aid in the amount of five hun- dred dollars. A consolidated school within the meaning of this Act shall be one organized in accordance with Section 84, Chapter 266, Session Laws of 1911; and in addition shall have at least two departments.

§ 9. RECORDS, ACCOUNTS AND RULES.] The state superinten- dent of public instruction shall keep a record of all schools apply- ing for and receiving aid t as state graded schools, state consoli- dated schools or state rural schools, in each year, and a detailed account of all moneys apportioned for such purposes. The state board of education is also authorized to establish such additional rules as shall be found necessary to secure uniformity and the best results among the schools receiving state aid.

§ 10. ADVANCEMENT OF GRADED OR CONSOLIDATED SCHOOLS,, OF THE FIRST CLASS TO HIGH SCHOOLS, AND ADVANCEMENT OF GRADED

OR CONSOLIDATED SCHOOLS OF THE SECOND CLASS TO GRADED OR CON- SOLIDATED SCHOOLS OF THE FIRST CLASS.] First Class : When any state graded school or state consolidated school of the first class in this state attains such a degree of proficiency as to satisfy the state inspector of rural and graded schools that it has the qualifi- cations necessary to entitle it to be advanced to a state high school, such inspector may recommend the same to the state board of edu- cation for such advancement. If the state board is satisfied that such school has complied with all the requirements to entitle it to promotion, said board shall raise it to a state high school entitling it to aid as such.

Second Class : When any state graded school or state consoli- dated school of the second class in this state has attained such a degree of proficiency as to satisfy the inspector that it has the qualifications necessary to entitle it to be advanced to a state graded or consolidated school of the first class, such inspector may recom- mend the same to the state board of education for such advance- ment. If the state board is satisfied that such school fully complies

THIRTEENTH LEGISLATIVE ASSEMBLY

with all the requirements necessary to entitle it to promotion, such board shall raise it to a state graded or consolidated school of the first class, entitling it to aid as such.

§ ii. REPORT OF STATE SUPERINTENDENT OF PUBLIC INSTRUC- TION.] The state superintendent of public instruction shall include in his biennial report a comprehensive statement of all receipts and disbursements; the name and number of schools in each class re- ceiving aid; the number of pupils enrolled in each, and the cost of supervision of all schools receiving aid under this Act for the years covered by such report, to which may be added an estimate of appropriation needed to meet the requirements of this Act for the succeeding two years, and such other recommendations as he may deem useful and proper.

§ 12. AMOUNT APPROPRIATED FOR EACH CLASS.] For the pur- pose of carrying out the provisions of this Act, the following sums are hereby appropriated annually, to be paid out of any moneys in the state treasury not otherwise appropriated, viz., for aid to state graded schools the sum of ten thousand dollars ($10,000.00] annually. For aid to state rural schools the sum of fifteen thou- sand dollars ($15,000.00) annually, and for aid to state consolidated schools the sum of ten thousand dollars ($10,000.00) annually. For the inspector's and assistant's salary, as hereinbefore provided, the sum of two thousand dollars ($2,000.00] annually. For the actual and necessary traveling expenses of said inspector, the sum of fif- teen hundred dollars ($1,500.00) annually. For the payment of postage, stationery and clerical assistance required by the inspector and the printing of the inspector's annual report, the sum of four hundred ($400.00) dollars annually. Provided, however, that in case the amount appropriated and available under this Article for the payment of aid to such schools shall in any year be insufficient to apportion to each of such schools as are entitled thereto the full amount intended to be apportioned to the state graded schools, state rural schools and state consolidated schools, then, in such case, such amounts as are appropriated and available shall be apportioned pro rata among the schools entitled thereto. Provided, the first annual appropriations herein provided for such shall become avail- able July first, 1913.

§ 13. REPEAL.] All Acts and parts of Acts in conflict with this Act are hereby repealed.

Approved March 21, 1913.

CHAPTER 258 [S. B. No. 47— Jacobsen.]

SCHOOLHOUSES AND SITES.

An Act Repealing Chapter 268 of the Session Laws of 1911, Relating to Schoolhouses and Sites.

IO EDUCATIONAL LAWS

Be It Enacted by the Legislative Assembly of the Ztate of North Dakota:

Chapter 268 of the Sessions Laws of 1911, entitled, "An Act to Amend Section 2 of Chapter 204 of the Laws of 1909, entitled, 'An Act .to Amend Sections 811, 829, 882 and 833 of the Revised Codes of 1905, pertaining to education/ " is hereby repealed. Approved February 19, 1913.

CHAPTER 268. [S. B. No. 51— Cashel.]

HIGH SCHOOL AID.

AN ACT to amend and Re-enact Sections 1031, 1032, 1033, 1034, 1035, 1036, 1037 of the Revised Codes of 1905, Relating to Education, as Amended by Chapter 99 of the Session Laws of 1907 and Chapter 267 of the General Laws of 1907; and to Amend Sections i, 2, 3, 4, 5, of Chapter 40 of the General Laws of 1911, and to Repeal Sections 6, 7, 8, 9, 10, u of Chapter 40 of the General Laws of 1911.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ i. That Section 1031 of the Revised Codes of 1905 is hereby revised to read as follows:

§ 1031. STATE BOARD OF EDUCATION. POWERS.] The state board of. education shall have general supervision over secondary education in the state, and shall perform the duties and have and exercise the powers hereinafter mentioned.

§ 2. That Section 1032 of the Revised Codes of 1905 is hereby revised to read as follows:

§ 1032. SCHOOLS CLASSIFIED.] Any public graded school in any city or incorporated village or township, organized into a district, under the township or district system, which shall give instruction according to the terms and provisions of this Act, and shall admit pupils of either sex from any part of the state without charge for tuition in the secondary school or high school department, shall be entitled to be classified as a state high school, and to receive pecuni- ary aid as hereinafter specified; provided, however, that no such school shall be required to admit non-resident pupils unless they pass an examination in orthography, reading in English, penman- ship, arithmetic, language and grammar, modern geography and the history of the United States ; provided, however, that in case of state high schools having an agricultural department, pupils pur- suing courses in said department shall be admitted into the seventh and eighth grades, and secondary school department without charge for tuition.

§ 3. That Section 1033 of the Revised Codes of 1905 is hereby revised to read as follows :

§ 1033. REQUIREMENTS FOR CLASSIFICATION.] The said board shall require of the schools applying for such pecuniary aid com- pliance with the following conditions, to-wit:

THIRTEENTH LEGISLATIVE ASSEMBLY II

1. That there shall be adequate school buildings conforming to modern approved ideas respecting heating, lighting, ventilation and sanitation, and under no circumstances shall aid be given to or con- tinued when the board of education fails to or refuses to comply with reasonable requirements of this character.

2. That there shall be regular and orderly courses of study in the eight grades of the elementary school, together with all subjects prescribed by the said board for the first two years of the secondary school curriculum.

3. That the said secondary school receiving pecuniary aid under this Article shall at all times permit members of the state board of education, or any one appointed by said board, to visit and ex- amine the classes pursuing said elementary and secondary school courses, and make recommendations concerning the conduct of such school.

4. That Section 1034 of the Revised Codes of 1905 is hereby revised to read as follows :

§ 1034. HIGH SCHOOL INSPECTOR. How APPOINTED. SALARY

AND EXPENSES. SCHOOLS TO RECEIVE STATE AID. APPROPRIATION.]

The state board of education shall appoint a high school inspector, upon the nomination of the superintendent of public instruction, who shall be a graduate of a college or a university of recognized standards, and shall have had five years of successful experience either as principal of a high school or superintendent of city school^ in North Dakota. The board shall prescribe his duties. His term of office shall be two years, provided that the inspector appointed in 1911 shall hold office for two years from July i, 1911. The yearly salary of said inspector shall not exceed two thousand dollars, as may be fixed by the state board of education. Such salary shall be payable monthly on warrant of the state auditor from the general fund of the state. It shall be the duty of the secretary of state board of education to notify the state auditor, prior to July ist of each year, the amount of salary which has been fixed for the bien- nial period.

The state high school inspector shall receive his actual and neces- sary expenses incurred in the discharge of his official duties ; such duties, under the direction of the state board of education, may take him outside of the state of North Dakota, and in such cases all his actual and necessary expenses shall be paid. These expenses, which shall not exceed twelve hundred ($1,200.00) dollars in any given year, shall be paid from the general fund of the state upon itemized vouchers properly approved.

The said state high school inspector, under the direction of the state board of education, shall carefully inspect the instruction, dis- cipline and all conditions affecting the efficiency of the high schools of the state receiving aid under this article, and make a written re- port on the same ; provided, that no money shall be paid in any cases until such report shall have been received, examined and the work

12 EDUCATIONAL LAWS

of the school approved by the board. The said board shall receive applications from such schools for aid as hereinafter provided, which applications shall be received and acted upon in the orSer of their reception. The said board shall apportion to each of said schools, which shall have fully complied with the provisions of this article, and whose applications shall have been approved by the board, the following sums, to-wit : Two thousand five hundred dol- lars for the school year 1913-14 to each of seven schools having an agricultural, manual training and domestic economy department; and after the school year of 1913-14, the sum of two thousand five hundred dollars eacji year to each .ten schools having an agricultural, manual training and domestic economy department; eight hundred dollars each year to each school maintaining a four-year high school curriculum and doing four years of high school work; the sum of five hundred dollars each year to each school having a three-year high school curriculum and doing three years of high school work ; and the sum of three hundred dollars each year to each school hav- ing a two-year high school curriculum and doing two years of high school work; provided, that the moneys so apportioned to any high school shall be used to increase the efficiency of the high school work ; provided, also, that the state board of education may require that forty per cent of the money appropriated shall be used in any one year for libraries, laboratories and other apparatus and equip- ment ; provided, further, that the total amount of apportionment, expenses and salary under this Act, except salary and expenses of the inspector provided for above, shall not exceed seventy-seven thousand five hundred dollars in the school year 1913-14, and eighty- five thousand dollars in each succeeding year. The sum of seventy- seven thousand five hundred dollars for the year July I, 1913-14, and thereafter the sum of eighty-five thousand dollars, is hereby ap- propriated annually for the purpose of this Act, to be paid out of any moneys in the state treasury not otherwise appropriated, which amount, or so much thereof as may be necessary, shall be paid upon the itemized vouchers of said board, duly certified and filed with the state auditor ; provided, that in case the amount appropriated and available under this Article for the payment of aid to such schools shall in any year be insufficient to apportion each of such schools as are entitled thereto the full amount intended to be apportioned to the high schools of the various classes, then, in such case, two thousand five hundred dollars shall be apportioned to each of the seven or ten schools having an agricultural, manual training and domestic economy department, and the remainder of such amount as is appropriated and available shall be apportioned pro rata among the schools entitled thereto; provided, further, that with the appro- val of the state board of education, the money appropriated by the state to the high schools designated to maintain departments of agriculture, manual training and domestic economy may be used for the extension of agricultural education and demonstration out-

THIRTEENTH LEGISLATIVE ASSEMBLY 13

side of the district in which the school is located, within the limits of efficiency.

§ 5. That Sections i, 2, 3 of Chapter 40 of the General Laws of 1911 are hereby revised to read as follows:

SCHOOLS TO MAINTAIN DEPARTMENTS OF AGRICULTURE.. How DESIGNATED. REQUIREMENTS.] Any state high school having satis- factory rooms, equipment and a tract of land of at least ten acres within one mile of the school house, having shown itself fitted by location and otherwise to do agricultural work; having trained in- structors in agriculture, manual training and domestic economy; maintaining well organized short courses and agricultural, manual training and domestic science and art courses, and meeting such other requirements as the state board of education may define, shall upon application be designated by said board to maintain an agricul- tural department; provided, that the high schools now designated and those hereafter designated to maintain departments of agricul- ture, manual training and domestic economy shall continue to be so designated and aided so long as they comply with the rules and regu- lations of the state board of education and perform satisfactorily the work contemplated by this Section.

§ 6. That Sections 4 and 5 of Chapter 40 of the General Laws of 1911 are hereby revised to read as follows:

NATIONAL AND STATE AID. ONE SCHOOL IN COUNTY.] In addi- tion to the state aid of two thousand five hundred dollars herein provided for a state high school having an agricultural department as defined in Section five of this Act, shall receive its proportionate share of all moneys appropriated by the national government for the teaching of elementary or secondary agriculture in the public or high schools of this state; provided, that said high schools having an agricultural department shall not receive more than two thousand five hundred dollars of aid from the state under this Act ; provided, further, that no more than one high school in any county shall be designated a state high school having an agricultural department and receiving two thousand five hundred dollars state aid.

§ 7. Section 1035 of the Revised Codes of 1905 is hereby re- vised to read as follows:

§ 1035. COMPENSATION OF BOARD MEMBERS, CLERICAL SERVICE, SALARY, EXPENSES.] The ex-officio members of the board shall serve without compensation, but the appointive members shall re- ceive a per diem of three dollars while actually on duty as members of the board.

The necessary expenses of all members of the board while on duty as members, salary and expenses of the clerical help of the examiner and of the readers of the state board of education exami- nation papers, and other necessar^ expenses of administration, shall be paid from the "State High School Aid" fund, and in the manner provided by law for salaries and expenses of other state officers.

14 EDUCATIONAL LAWS

§ 8. That section' 1036 of the Revised Codes of 1905 is hereby revised to read as follows:

§ 1036. ANNUAL MEETING. ORGANIZATION. POWERS. AS- SISTANT EXAMINERS.] The board shall hold a regular meeting in the months of July, September, November, January, March and May of each year.

The board shall have full discretionary power to consider and act upon applications of schools for state aid, and to prescribe con- ditions upon which said aid shall be granted; and it shall be its duty to accept and aid such schools only as will, in its opinion, if aided, efficiently perform the service contemplated by law. The period for which a school shall be classified shall be one year. The board shall have power to establish any necessary and suitable rules and regulations relating to qualifications of teachers and superin- tendents, to examinations, reports, acceptance and classification of schools, curricula, and other proceedings implied under this article. The examiner shall report the results of the state board of edu- cation examinations annually to the superintendent of public in- struction, who shall publish the same in the biennial report. Read- ers of state board of education examination papers shall be ap- pointed by the examiner of the state board of- education, and shall be entitled to receive such compensation as the board may allow.

§ 9. That Section 1037 of the Revised Codes of 1905 is hereby revised to read as follows :

§ 1037. ANNUAL REPORT OF INSPECTOR. BOARD SHALL KEEP RECORD AND MAKE REPORT.] The said high school inspector shall make, on or before August ist, an annual report to the state board of education concerning the previous school year, showing the names and number of schools receiving state aid, the number of pupils enrolled, and other matters as directed by the board, and the said board shall cause the same to be published. Said board shall keep a record of all proceedings, and shall biennially make a report to the governor of the receipts and disbursements, matters of gen- eral importance regarding the schools aided, and shall add any rec- ommendations that it deems useful and proper. This report shall be included and made a part of the printed report of the state super- intendent of public instruction.

§ 10. REPEAL OF SECTIONS OF CHAPTER 40.] Sections 6, 7, 8, 9, 10, ii of Chapter forty (40) of the General Laws of 1911, and all Acts or parts of Acts in conflict with this Act, are hereby re- pealed.

Approved March 21, 1913.

THIRTEENTH LEGISLATIVE ASSEMBLY 15

CHAPTER 262. [S. B. No. 55— Bond.]

ELECTION OF OFFICERS.

AN ACT to Amend Section 157 of Article 9 of Chapter 266 of the Session Laws of 1911, Relating to the Election of School Officers.

Be It Enacted by the Legislative Assembly of the State of North Dakota: § i. AMENDMENT.] That Section 157 of Article 9 of Chapter

266 of the Session Laws of 1911, of the State of North Dakota,

be amended to read as follows :

§ 157. NOTICE OF ELECTION. FORM OF.] Such notice shall be

in substantially the following form:

Notice is hereby given that on Tuesday, the day

of June, A. D. an annual election will be held

at (here insert polling place) for the

purpose of electing the following members of the board of educa- tion (here insert terms for which they are

to be elected), for the city, town or village (here

insert name), and the polls will be open at nine o'clock A. M., and closed at four o'clock P. M. of that day.

By order of the Board of Education.

Signed Clerk.

CANDIDATES. OFFICIAL BALLOT.] Any person desiring to be a candidate at such election shall file his or her name with the clerk not less than five days before such election,, stating what position he or she desires to be a candidate for. At least three days before such election the clerk shall prepare and have printed an official ballot containing all the names filed as hereinbefore provided. Such ballot shall be headed "Official Ballot," shall contain the name of the district and the date of such election, shall be non-partisan, and state the number of persons to be voted for for each office, shall contain blank spaces below for writing in other names. Provided nothing herein shall prevent any person desiring to be a candidate at such election and who failed to file as hereinbefore provided, from providing stickers to be attached to the official ballot by the voter, such stickers to be not over one-half inch in width and have printed thereon one name only.

The provisions of Sections 640, 641, 644, 648, 649 and 681 of the Revised Codes of 1905, and of Sections 9, 10, u, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 of Chapter 129 of the Session Laws of 1911, shall apply to elections held under the provisions of this act.

EMERGENCY.] Whereas, an emergency exists, in this, that there is now no law providing for an official ballot for school elections, therefore this act shall take effect and be in force from and after its passage and approval.

Approved February 17, 1913.

1 6 EDUCATIONAL LAWS

CHAPTER 251. [S. B. No. 85— Bronson.]

TEACHERS' INSURANCE AND RETIREMENT FUND.

AN ACT Creating a Teachers' Insurance and Retirement Fund, and Pro- viding For its Maintenance and Disbursement.

Be It Etiacted by the Legislative Assembly of the State of North Dakota:

§ i. CREATION OF FUND AND MEMBERSHIP OF BOARD.] There is created a teachers' insurance and retirement fund, which shall ^be managed by a board of trustees to be known as the board of trus- tees of the teachers' insurance and retirement fund. Such board shall consist of five members. The state treasurer and the state superintendent of public instruction shall be ex-officio members of said board; three members, one of whom shall be a woman, shall be appointed by the governor from among the members of the teachers' retirement fund as provided for in this Act. One such appointive member may be a retired member of the fund. The term of office of the appointive members of said board of trustees shall be three years, except as provided herein, and shall begin on the first day of July, next succeeding their appointment; provided that the terms of office of the first members appointed shall be one for a period of one year, and one for a period of two years, and one for a period of three years.

§ 2. ANNUAL MEETING OF MEMBERS.] At the time and place of the meeting of the North Dakota State Education Association, those teachers who have qualified as members of the teaachers' insurance and retirement fund according to Sections n, 12, and 13 of this Act, shall meet for the purpose of hearing the report of the board created by Section I of this Act, and of transacting such other business as may properly come before them.

§ 3. VACANCIES.] In case any vacancy occurs among the mem- bers of the board, said vacancy shall be filled immediately by the governor, and the appointee shall serve the balance of the term for which the original member was appointed.

§ 4. ORGANIZATION OF THE BOARD.] Said board of trustees shall organize by the election of a president. The state treasurer shall be ex-officio treasurer of said board, and shall receive and make payments from and account for said funds in the same man- ner as for other state funds. Said board may employ a secretary to be chosen for such a term as shall be determined by said board. Said secretary shall perform such duties in connection with the teachers' insurance and retirement fund as may be prescribed by the board.

§ 5. MEETINGS AND REGULATIONS.] Said board shall meet an- nually within three months after July first of each year, at the office of the superintendent of public instruction, at a time to be fixed by the board, and at any other time on the call of the president

THIRTEENTH LEGISLATIVE ASSEMBLY

or of any two members thereof. Said board shall adopt rules for the government of its meetings and for membership in the fund, payments thereto and therefrom, and for other matters which will be calculated to aid teachers in securing the benefit of the fund.

§ 6. COMPENSATION AND SECRETARY.] Members of said board shall receive no compensation except their necessary traveling ex- penses incurred in attending the meetings, to be paid from the teachers' insurance and retirement fund upon the certificate of the president and secretary ; but if the board shall elect one of its members secretary, such member may receive compensation for ser- vices rendered as secretary. The secretary of said board shall re- ceive a salary to be fixed by the board, at an amount not to exceed twelve hundred dollars per annum. The compensation of the sec- retary and any other necessary expenses incurred by said board in carrying out the provisions of this Act shall be paid from the fund.

§ 7. INVESTMENT OF FUNDS.] Said board shall have charge of the fund and shall invest the same under the same conditions as the trust funds of the state may be invested.

§ 8. ANNUAL REPORT.] On or before the first day of October of each year, said board shall report for the fiscal year ending the thirteenth of June preceding. A copy of said report shall be trans- mitted to the annual meeting of the members of the teachers' insur- ance and retirement fund and to the state superintendent of public instruction. Said superintendent shall include a copy of said re- port in his biennial report to the governor.

§ 9. RETENTION OF ASSESSMENTS.] Each school district board, each board of education, or other managing body of each city, and of each school district, and of each village, and of each town oper- ating its schools under the township system of school government, shall retain on every pay day from the salary of- each teacher in their respective schools, the amounts herein provided. Each teach- shall be furnished a statement by such board, showing the amount so deducted from his or her salary.

§ 10. AMOUNT OF ASSESSMENTS.] Every teacher who has joined the fund shall be assessed upon his or her salary as teacher for a period of twenty-five years as follows : one per centum per annum, but not more than twenty dollars per year, for each of the first ten years of service as a teacher, and two per centum per annum, but not more than forty dollars per year for each successive year of service as teacher, until said teacher shall have had a total of twenty-five years of teaching service, when said assessments shall cease. The total amount paid into said fund by each teacher shall be based upon said twenty-five years of service as teacher with assessments as provided in this Section ; provided that such total amount shall not be less than the full amount of the annuity to which such teacher shall be entitled for the first year.

§ II. ALL NEW TEACHERS ASSESSED AFTER JANUARY I, 1914.]

In becoming a teacher in said public schools after January i, 1914,

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he or she shall be conclusively deemed to join the fund and to un- dertake and agree to pay such assessments, and to have such assess- ments deducted from his or her salary as herein provided.

§ 12. ASSESSMENTS OPTIONAL FOR TEACHERS NOW TEACHING IN THE STATE.] Any person employed as teacher in said public schools when this Act takes effect, may, at any time before January i, 1914, elect to join the fund and to come within the provisions of this Act, by notifying in writing the board of trustees of the teachers' insurance and retirement fund ; but no person employed as teacher in said public schools, when this Act takes effect, shall be compelled to join the fund, or to come within the provisions of this Act or to pay the assessments or to have the same deducted from his or her salary without his or her consent.

§ 13. NOTIFICATION BY TEACHER.] At the time of giving said notice to the board of trustees, as herein provided, such teacher shall notify the local school board or any other managing body, in writ- ing, of his or her election to come within the provisions of this Act ; and shall authorize said school board, as a part of said notice, to deduct from each payment of salary due him or her a sum equal to said per centum of such payment as provided in Section 10.

§ 14. TRANSMISSION OF MONEY TO COUNTY TREASURER.] Each such school district board, each board of education, or other manag- ing body, shall each year between the 2oth and the 3Oth days of June, forward to the treasurer of the county in which the school house of said teacher is located, a statement verified by the sec- retary or clerk thereof, of the moneys so retained, in accordance with the provisions of this Act, together with said moneys so re- tained. Said statement shall also include the following: Name and monthly salary of each of said teachers ; number of months of school taught by each teacher in said public schools of the district, village, or city over which said school board or other managing body has jurisdiction during the school year for which the statement is made ; the number of months constituting a school year on such district, village or city; the total salary of each teacher; the total amount withheld from the salary of each teacher, in accordance with the provisions of this Act; the total amount withheld from the salaries of all of said teachers for the school year next preceding; and the total number of years such teacher has taught in the public schools of the state.

§ 15. STATEMENTS TO BE SENT TO COUNTY SUPERINTENDENT AND COUNTY AUDITOR.] Said school board shall at the same time send a copy of said statement to the superintendent of the county in which said school house is located, and also a duplicate copy of the same to the auditor of said county.

§ 1 6. STATEMENT TO BE SENT IN ALL CASES.] If no teacher in such city, village, town or school district comes under the provi- sions of this Act, the school board or other managing body of such city, village, town or school district, shall state this fact under the

THIRTEENTH LEGISLATIVE ASSEMBLY 19

oath of the secretary or the clerk thereof, to the treasurer of said county ; and shall at the same time forward copies of said statement to the superintendent of said county and to the auditor of said county.

§ 17. REPORTS TO BE MADE TO THE BOARD.] Each county super- intendent shall each year, between the 3Oth day of June and the loth day of July, report under oath to the board of trustees of the teachers' insurance and retirement fund. Said report shall con- tain an itemized account of the statements received by him from the school boards and a statement of the total amount withheld from the salaries of all of the said teachers in said report.

§ 18. REPORTS TO BE PRESERVED.] The board of trustees of the teachers' insurance and retirement fund, each county superin- tendent, each county auditor, each county treasurer, each school district board, each town board of education, or other managing body, shall keep complete records of the data contained in said re- ports and of the statements hereinbefore mentioned.

§ 19. TRANSMISSION OF FUNDS TO STATE TREASURER.] Between the 1 5th day of July and the ist day of August of each year, the county treasurer shall transmit to the state treasurer all moneys which he has received from the school boards in accordance with the provisions of this Act; and shall certify under oath to the board of trustees of the teachers' insurance and retirement fund the amount so received and transmitted to the state treasurer, as herein pro- vided. The state treasurer shall credit all moneys received under the provisions of this Act to the fund designated as the teachers' insurance and retirement fund.

§ 20. PENALTY FOR FAILURE TO REPORT AND TRANSMIT FUNDS.] No city, village, town or school district shall share in the apportion- ment of the state tuition fund for any year, unless it has made the report as herein provided and paid over to the state treasurer for the teachers' insurance and retirement fund such per centum as provided in Section 10 of the total sum paid in wages to such teachers as come under the provisions of this Act, and also the por- tion of the county tuition fund described in Section 21.

§ 21. FUND TO BE SET ASIDE FROM COUNTY TUITION FUND AND

TRANSMITTED TO STATE TREASURER.] Each county treasurer shall annually set aside from the county tuition fund a sum equal to ten cents for each child of school age in his county and shall transmit this sum to the state treasurer at the same time that he transmits the funds received from the school boards in accordance with S'ec- tion 19, and shall certify under oath to the board of trustees of the teachers' insurance and retirement fund and the amount so trans- mitted to the state treasurer. The state treasurer shall credit all moneys received in accordance with this Section to the fund desig- nated as the teachers' insurance and retirement fund.

§ 22. NAME OF FUND.] The moneys received Iby the state treas^ urer under the provisions of Section 19 and 21 of this Act, together

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with donations or legacies received therefor, or moneys received from any legal source of increment, shall constitute a fund to be known as the "teachers' insurance and retirement fund/'

§ 23. PAYMENT OF BACK ASSESSMENTS.] Any teacher coming from schools not included under the provisions of this Act shall pay assessments for said years of service in such schools, as pro- vided in Section 10, based upon his or her first annual salary in said public schools of the state, together with the regular assessments <ts provided in Section 10, before receiving any retirement annuity.

§ 24. RETIREMENT OF TEACHERS WHO ARE ELIGIBLE TO ANNU- ITY.] Any teacher who may be teaching in said public schools and who has complied with the provisions of these Sections may retire and receive the annuity provided for in the following cases :

1. After a period or periods aggregating twenty-five years of service as teacher, of which eighteen years, including the last five, must have been spent in public schools of this state, provided that payments by said teacher to the fund shall have amounted to a sum as provided in Section 10. If said payments shall not have amounted to said sum, the teacher shall pay into the fund the de- ficiency before receiving said annuity.

2. After fifteen years of service as teacher in the public schools of this state, when said teacher suffers from a permanent mental or physical disability, to be determined by said board after an ex- amination by two physicians appointed by said board, provided that payments by said teacher to the fund shall have amounted to a sum as provided in Section 10. If said payments shall not have amounted to said sum, the teacher shall pay into the fund the de- ficiency before receiving the annuity. The examination fees of such physician shall be paid by said applicant.

§ 25. LEGAL SCHOOL YEAR DEFINED.] In computing the terms of service under Section 24, a year shall be a legal school year at the time and place where sai'd service was rendered, except that where the service was rendered in schools not included within the pro- visions of this Act, a time less than a legal school year in this state shall not be included as a year, but only as such proportion of a year as the number of teaching weeks in each such year bears to the number of weeks required at the time to constitute a legal school year in this state.

§ 26. APPLICATIONS TO THE BOARD.] Any person who has com- plied with the provisions of this Act and desires to retire from active service in said public schools, shall apply in writing to the board of trustees of the teachers' insurance and retirement fund.

§ 27. AMOUNT OF ANNUITY.] Each teacher retiring from the service of said public schools under the provisions of Section 24, shall annually and for life be entitled to receive as annuity a sum equal to one-fiftieth of his or her average annual salary for the last five years of service, multiplied by the whole number of years of service as teacher; provided, however, that his said annuity shall

THIRTEENTH LEGISLATIVE ASSEMBLY 21

not exceed seven hundred and fifty dollars in any one year, or be less than three hundred and fifty dollars in any one year, subject, however, to all the provisions of this Act.

§ 28. TRUSTEES MAY RATABLY DIMINISH ANNUITIES.] The board of trustees may ratably .reduce the annuities provided in this Act, whenever in the judgment of the board, the condition of the fund shall require such reduction.

§ 29. WITHDRAWALS FROM MEMBERSHIP IN THE FUND.] Any teacher who shall cease to teach in said public schools before re- ceiving any benefit or annuity from the fund, shall, if application be made in writing to the board of trustees within six months after the date of his or her resignation, be entitled to the return of one- half of the amount, without interest, which shall have been paid into the fund by such teacher. If such teacher should again thereafter teach in said public schools, he or she shall, within one year from the date of his or her return to the service on said public schools, refund to said fund the amount so returned to such teacher, togeth- er with simple interest on said amount (but not to exceed four per centum per annum) for the time such amount was withdrawn from the fund.

§ 30. ANNUITIES TO BE PAID QUARTERLY.] The state treasurer shall pay said annuities quarterly in September, December, March and June of each year, upon the warrants of the state auditor issued upon certificates of the president and secretary of said board. No payments shall be made prior to September, 1915.

§ 31. ANNUITIES PAID FROM INTEREST AND PRINCIPAL.] Pay- ments from the fund shall be made from the income thereof and in addition thereto, when necessary, from the principal of moneys received under Sections 19 and 21.

§ 32. ANNUITIES TO CEASE UPON RESUMPTION OF TEACHING.] Any person retiring under these Sections may again enter upon the work of teaching in said public schools ; during said term of teach- ing the annuity paid to such person shall cease. Said annuity shall again be paid to said person upon his or her further retirement.

§ 33. ANNUITIES NOT SUBJECT TO LEGAL PROCESS.] The annui- ties so created shall not be subject to attachment, garnishment, execution, or other seizure on (or) process, nor shall they be sub- ject to sale, assignment, pledge, mortgage, or other alienation.

§ 34. THE TERM "TEACHER" DEFINED FOR THE ACT.] The term "teacher," as used in this Act, shall include all persons employed in teaching by any city board of education, or school board or other managing body of any city, town, village, or rural school district in this state, and all superintendents and assistant superintendents of said schools, including county superintendents and their assistants, all supervisors of instruction, all principals and assistant principals, and special teachers of said schools.

Approved March u, 1913.

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CHAPTER 166. [S. B. No. 94— Cashel.]

INMATES OF INSTITUTION FOR FEEBLE MINDED.

AN ACT to Amend Section i of Chapter 213 of the Laws of 1909, Relating to the Inmates of the Institution for the Feeble Minded.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ i. Chapter 213 of the Laws of 1909 is hereby amended and re-enacted to read as follows:

§ 1165. WHO MAY RECEIVE BENEFITS OF SCHOOL.] All feeble

minded persons residents of this state, who, in the opinion of the superintendent, are of suitable age and capacity to receive instruc- tion in the Institution for Feeble Minded, and whose defects pre- vent them from receiving proper training in the public schools of the state, and all idiotic and epileptic persons resident of this state, may be admitted to and receive the benefits of the institution, sub- ject to payment of the sums hereinafter provided, and to such rules and regulations as may be made by the Board of Control ; provided, however, that any inmate of such institution shall not be removed therefrom, except upon a written request of the parent, parents, guardian or custodian of such inmate, which said request must re- ceive the approval of the superintendent before such inmate can be removed. But any feeble minded person who is offensive to the public peace or to good morals, and who is a proper subject for classification and discipline in the institution, may be committed, on pursuing the same course of legal commitment as govern admis- sions to the State Hospital for the Insane. Such commitment shall comply with such rules and regulations as may be made by the Board of Control, and shall be accompanied by the certificate of indigence, as provided in Chapter 165 of the Laws of 1911.

§ 2. REPEAL.] All Acts or parts of Acts in conflict with this Act are hereby repealed.

§ 3. Whereas, an emergency exists in the fact that there is now no law for compulsory commitment of feeble minded per- sons obnoxious to the peace and good morals of the public, there- fore, this Act shall take effect and be in force from and after its passage a'nd approval.

Approved March i, 1913.

CHAPTER 148. [S. B. No. 138— Bond.]

EDUCATIONAL TAX.

AN ACT to Amend Sections 838, 839, 840 and 841, Chapter 9, of the Political Code of the State of North Dakota, Revised Codes of 1905, Relating to Education, as Amended by Chapter 107 of the Session Laws of 1907.

THIRTEENTH LEGISLATIVE ASSEMBLY 23

Be It Enacted by the Legislative Assembly of the State of North Dakota.

§ i. AMENDMENT.] Section 838 be and the same is hereby amended to read as follows:

§ 838. MAINTENANCE OF STATE EDUCATIONAL INSTITUTIONS.] For the purpose of providing for the maintenance of the State University and School of Mines at Grand Forks, the Agricultural College at Fargo, the State Normal School at Valley City, the State Normal School at Mayville, the State Normal School at Minot, the , School for the Deaf at Devils Lake, the School of Forestry at Bot- tineau, the North Dakota Academy of Science at Wahpeton, and the Normal Industrial School at Ellendale, as a part of the public school system of this state, there is hereby levied upon all taxable property in the state, real and personal, an annual tax of one and one-eighth mills of each dollar of the assessed valuation of such property in each and every year thereafter.

§ 2. AMENDMENT.] Section 839 be and the same is hereby amended to read as follows:

§ 839. COUNTY AUDITOR SHALL CALCULATE AMOUNT OF LEVY.] The county auditor of each county shall at the time of making the annual tax list in his county calculate the amount of the levy hereinbefore provided for upon each and every item of property assessed in his county as it appears upon the last assessment roll, and extend the same upon such tax list in a column to be provided for that purpose, and such tax shall thereupon be calculated and paid over to the State Treasurer the same as other state taxes.

§ 3. AMENDMENT.] Section 840 be and the same hereby is amended to read as follows:

§ 840. TAXES, HOW APPORTIONED.] Such taxes so levied shall be apportioned by the State Treasurer to the several institutions herein mentioned as follows : Thirty-three one-hundredths of a mill to the State University and School of Mines at Grand Forks ; twenty one-hundredths of a mill to the Agricultural College at Fargo ; fif- teen one-hundredths of a mill to the State Normal School at Val- ley City; twelve one-hundredths of a mill to the State Normal School at Mayville; thirteen and one-half one-hundredths of a mill to the State Normal School at Minot ; six one-hundredths of a mill to the School for the Deaf at Devils Lake ; two one-hundredths of a mill to the School of Forestry at Bottineau ; four one-hun- dredths of a mill to the North Dakota Academy of Science at Wah- peton; seven one-hundredths of a mill to the Industrial School at Ellendale; provided, that all moneys hereafter collected shall be apportioned as herein provided.

§ 4. AMENDMENT.] Section 841 is hereby amended to read as follows :

§ 841. MONEYS, HOW APPROPRIATED.] ' The moneys collected from the tax hereinbefore levied are hereby appropriated for the maintenance of the State University and School of Mines at Grand Forks, the Agricultural College at Fargo, the State Normal School

24 EDUCATIONAL LAWS

at Valley City, the State Normal School at Mayville, the State Normal School at Minot, the School for Deaf and Dumb at Devils Lake, the Academy of Science at Wahpeton, the School of Forestry at Bottineau, and the Normal Industrial School at Ellendale. The moneys herein appropriated shall be used only for the payment of expense of maintenance of the several institutions specified.

§ 5. EMERGENCY.] An Emergency exists for the reason that the State Normal School at Minot is dependent upon this tax for funds with which to pay its maintenance, and, whereas, if this law does not become effective before July 1st, 1913, the said institution cannot receive any benefit of the proposed revenue before 1914, for the reason that this law must become effective before April ist, 1913, the date of assessment of property for taxation purposes in North Dakota, that this tax may be levied on the assessment of 1913, and

Whereas, it is important that the State Normal School at Minot shall receive aid from this tax at the earliest possible date.

Therefore, this act shall be in full force and effect immediately upon its passage by the I3th Legislative Assembly and the approval of the act by the Governor.

Approved February 19, 1913.

CHAPTER 255. [S. B. No. 197 — Barnes.]

FIRE ESCAPES FOR SCHOOL HOUSES.

AN ACT Relating to Exits in All Schoolhouses Having More Than One Schoolroom, and Requiring Stationary Fire Escapes With Proper Land- ings and Railings to be Attached to the Outside of all Schoolhouses Above the First Story of every Schoolhouse Having More Than One Story, and Designating Whose Duty it shall be to Provide such Exits and Fire Escapes, and Prescribing a Penalty for the Violations of the Provisions of this Act.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ I. EXITS REQUIRED.] All school houses having more than one school room shall have the doors in the exits opening outward, and it is hereby further provided that after the passage of this act school houses of more than one room thereafter erected shall be provided with an exit not less than four feet six inches in width. All doors to -be kept unlocked from 8 130 o'clock A. M. to 4 130 o'clock P. M. on school days.

§ 2. FIRE ESCAPES, HOW CONSTRUCTED.] There is hereby required a stationary fire escape, consistng of iron stairways, attached to school houses having more than one story, with iron landings easily accessible from each schoolroom above the first floor, guarded by an iron railing not less than two feet six inches in height. Such landings shall be connected by iron stairs not less than three feet wide and with steps not less than six inches tread, and protected

THIRTEENTH LEGISLATIVE ASSEMBLY 25

by a well secured hand rail of iron on both sides and reaching to the ground. Provided, however, that the six-foot section immedi- ately above the ground shall be hinged to the main escape so it may be swung out of the way when not in use; further provided that this section shall not affect schoolhouses now constructed and provided with adequate fire escapes. The way of egress to such fire escape shall at all times be kept free and clear from all obstruc- tion of any and every nature.

§ 3. DUTY OF SCHOOL OFFICERS.] Trustees, boards of directors, boards of education, or any other person having charge of such school houses shall comply with the provisions of this act within six months after its passage and approval.

§ 4. PENALTY. Any person or board violating any of the pro- visions of this act shall upon conviction thereof, be deemed guilty of a misdemeanor and shall be punished by a fine of not less than twenty-five dollars or more than one hundred dollars.

§ 5. EMERGENCY.] An emergency exists in that many school houses in this state are not adequately provided with exits and fire escapes, therefore this act shall take effect and be in full force from its passage and approval.

Approved March I, 1913.

CHAPTER 252.

[S. B. No. 216— Talcott.]

SCHOOLS, SYSTEM OF INSTRUCTION.

AN ACT to Amend and Re-enact Section 3 of Chapter 264 of the Session Laws of 1911, Relating to a Thorough System of Instruction in Schools.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ i. AMENDMENT.] That Section 3 of Chapter 264 of the Session Laws of 1911 be amended and re-enacted so as to read as

follows :

§ 3. REVIEW BY SENIOR CLASS, DUTY OF SUPERINTENDENT.] The

Superintendent shall, and it is hereby made his duty to cause to b'e reviewed by each senior class during the senior year, the full and complete course of study pursued by said class in the grammar grades.

Approved March n, 1913.

CHAPTER 256. [S. B. No. 234— Bond.]

APPOINTMENT OF TREASURER BY SPECIAL SCHOOL DISTRICT BOARDS.

AN ACT to Amend Section 141 of Article 9 of Chapter 266 of the Session Laws of 1911, Relating to Public Schools.

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Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ i. AMENDMENT.] That Section 141 of Article 9 of Chapter 266 of the Session Laws of 1911, of the State of North Dakota, be amended to read as follows:

§ 141. ORGANIZATION OF BOARD.] At the annual meeting on the second Tuesday in July of each year such board of education shall organize by electing a president from among its members, who shall serve for one year, and they shall also appoint a clerk and a treas- urer, not of their own number, who shall hold their offices during the pleasure of the board and receive such compensation for their services as shall be fixed by the board. In the absence of the presi- dent at any meeting a president pro tempore may be elected by the board.

REPEAL.] All acts or parts of acts in conflict with this act are hereby repealed.

Approved March 3, 1913.

CHAPTER 64.

[S. B. No. 235 — Joint Committee on Education.]

APPROPRIATION REQUESTS TO BE PRINTED.

AN ACT to Provide for the Submission and Printing of the Requests for Appropriations and Proposed Legislation in Advance of the Meeting of the Legislature. Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ i. REQUIRED OF BOARDS.] The boards of trustees of the State University at Grand Forks, the Agricultural College at Fargo, the State Normal Schools, the Normal and Industrial School at Ellen- dale, the Science School at Wahpeton, and the School of Forestry at Bottineau, shall prepare and submit to the state board of edu- cation on or before November 15 preceding each biennial session of the legislature, in duplicate form, a carefully itemized statement of the needs of the institutions under the direction of the above boards for the biennial period.

§ 2. CONTENTS OF STATEMENTS.] (a) The statements shall show estimated receipts for all sources, and the estimated expendi- ture for maintenance, not including expenditures for buildings and other permanencies for the biennial period.

(b) The statements shall also show the appropriations neces- sary for buildings, other permanencies, such maintenance as is needed over and above estimated income, and the specific amounts asked for in the form of appropriations for such purposes.

(c) It is further provided that the legislature shall make no appropriations for purposes not presented in the general requests of the institutions at the time required in section i.

§ 3. PUBLICATION.] Upon receipt of these statements from the boards enumerated in section i of this Act the governor shall im-

THIRTEENTH LEGISLATIVE ASSEMBLY

mediately have the same printed in one pamphlet and distributed to members and members-elect of the legislature not later than December i5th.

§ 4. LEGISLATION.] All persons, institutions and educational in- terests shall so far as possible submit to the state board of educa- tion on or before November I5th preceding the assembling of the legislative assembly any desired legislation affecting education or amendments to the existing school laws, which, together with any comments on the same that the board of education may care to make, shall be published, and copies thereof presented to the mem- bers of the legislature as hereinbefore provided in section 3 of this Act.

Approved March n, 1913.

CHAPTER 149. [S. B. No. 236 — Joint Committee on Education.]

STATE BOARD OF EDUCATION.

AN ACT to Create a State Board of Education and to Amend Chapter 266 of the Session Laws of 1911, Relating to State Board of Examiners, and to Repeal Sections 243, 244 and 245 of Chapter 266; and to Amend Chapter 265 of the Laws of 1911, Relating to a State Agricultural and Training School Board, and to Amend Chapter 35 of the Session Laws of 1911, Relating to State Aid to Rural and Consolidated Schools, Chapter 267, Relating to State High School Board.

Be it Unacted by the Legislative Assembly of the State of North Dakota:

§ i. THE BOARD AND MEMBERSHIP.] There is hereby created a State Board of Education, to be composed of the president of the university, president of the agricultural college, the state superin- tendent of public instruction, the state inspector of graded and rural schools, the state high school inspector, each ex-orficio, and a state normal school president, to be designated by the governor of the state from the normal schools in the order of the establishment of the institutions which they represent, and an industrial school presi- dent, to be designated by the governor of the state from the indus- trial schools, in the order of the establishment of the institutions which they represent, a county superintendent of schools, and a male citizen who is not connected with the educational system, each to be designated by the governor.

§ 2. APPOINTMENT AND TERMS.] The governor shall appoint by the advice and consent of the Senate, during the Thirteenth Leg- islative Assembly, a normal school president, an industrial school .president, a county superintendent, and a male citizen, as mem- bers of the State Board of Educataion, for a term from July i, 1913, to the first Tuesday in April, 1915, and thereafter during the ses- sion of the legislative assembly, for a term of two years from the first Tuesday in April of each odd numbered year. No normal school or industrial school shall be represented a second time on the State

28 EDUCATIONAL LAWS

Board of Education by its president until each normal school and each industrial school has been represented on the State Board of Education by its president.

§ 3. COMPENSATION.] The members of the State Board of Education not receiving salaries from the state, county, or state institutions, shall receive three dollars for each day employed, and all members of the board shall receive the actual and necessary ex- penses incurred in attending meetings of the board and in the per- formance of all duties in connection therewith, which shall be paid out of the state treasury on the voucher of the board, as provided by law.

§ 4. MEETINGS.] The board shall hold six regular meetings, one in each of the months of July, September, November, January, March and May of each year, and all such meetings shall be held at one of the state educational institutions, at the state capitol, or at such place as the board may determine. The board may hold, at its discretion, special meetings, of which due notice stating special purposes shall be given, and which may be held at any place with- in the state, but it shall not meet to exceed twelve times a year. The State Superintendent of Public Instruction shall be the president of the board, and his deputy shall be secretary with such compen- sation as the board may determine.

§ 5. POWERS AND DUTIES.] The duties of the State Board of Examiners established for the purpose of granting certificates to persons desirous of teaching in the State of North Dakota, as pro- vided for in Chapter 266 of the Session Laws of 1911, Sections 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265 and 266, are hereby made a part of the duties of the State Board of Education, and all authority and powers granted to the said board of examiners are hereby transfer- red and made a part of the duties of the State Board of Educa- tion. The State Board of Education is further authorized to es- tablish such rules as may be found necessary to secure uniformity and best results among the schools receiving state aid, as rural graded or consolidated schools, as provided in Chapter 35 of the Session Laws of 1911." The duties of the state agricultural and training school board, as defined in Chapter 265 of the general laws of 1911, are hereby transferred to the State Board of Education. and made a part of its duties. The duties of the state high school board, as denned in Chapter 267 of the Session Laws of 1911, are also hereby transferred to the State Board of Education, and made a part of its duties. The rules and regulations for classification of state, rural, graded and consolidated schools, as provided for by law, shall be made by the State Board of Education. Provided, also, that the classification of those schools and apportioning of the funds, as provided by law, shall be under the control of the State Board of Education, and it shall perform such other functions as the legislature may from time to time confer upon it.

THIRTEENTH LEGISLATIVE ASSEMBLY 2Q

§ 6. VISITATIONS AND INSPECTIONS.] The State Board of Edu- cation, or their representatives or inspectors, may visit, examine into and inspect any educational institution under the supervision" of the state, and may require as often as desired duly verified reports therefrom, giving such information in such form as the superin- tendent of public instruction or the Board of Education may pre- scribe.

§ 7. APPOINTMENT BY SUPERINTENDENT OF PUBLIC INSTRUC- TION.] The superintendent of public instruction shall appoint the deputy superintendent of public instruction, state consolidated, graded and rural school inspectors or assistants, high school in- spectors, clerks and others in the office of the superintendent of public instruction provided by law.

§ 8. REPEAL.] Sections 243, 244 and 245 of Chapter 266 of the Session Laws of 1911, and all Acts or parts of Acts in conflict with this Act, are hereby repealed.

Approved March n, 1913.

CHAPTER 250

[S. B. No. 260— Gibbens.]

AGRICULTURAL TRAINING SCHOOLS.

AX ACT to Amend Section 2 of Chapter 265 of the Session Laws of 1911, Relating to Establishment and Maintenance and Improvements and Equip- ment of a County Agricultural and Training School, and Providing Levies Therfore.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ i. AMENDMENT.] Section 2 of Chapter 265 of the Session Laws of 1911 is amended and re-enacted to read as follows:

§ 2. After the establishment of such a school, the maintenance thereof shall be borne jointly by such county and the state, as here- inafter provided. The board of county commissioners are hereby empowered and directed annually to levy and spread on tha tax roll a sum sufficient to pay the county's share of the cost of main- tenance; provided, that not to exceed one-half of the yearly cost of maintenance shall be paid by the state, but the state's share of such maintenance shall not exceed the sum of three thousand dol- lars in any one year; it being the intent of this act that a sum at least equal to the state's share shall be levied and paid by the county, but this shall not prevent the county from levying a greater sum of (for) maintenance, if deemed necessary; provided, further, that the board of county tax commissioners may from time to time levy and spread upon the tax roll sums of money for the erection and construction of additional buildings or other improvements, or for the purchase of equipment, but levies for improvements or

3O EDUCATIONAL LAWS

equipment shall not exceed the sum of five thousand dollars in any one year, withouit first having been submitted to a vote of the\ elec-' tors of such county as provided in Section one hereof.

§ 2. REPEAL.] All Acts or parts of Acts in conflict with this Act are hereby expressly repealed.

Approved March n, 1913.

CHAPTER 150 [S. B. No. 309 — Puncan.]

ELECTION NOTICES.

AN ACT. to Legalize Acts and Proceedings of County Commissioners in Calling and Giving Notices of General or Special Elections, and to Legal- ize Such General or Special Elections Attempted Held, Pursuant to Such Calls and Notices, Under the Provisions of Chapter 265 of the Session Laws of 1911.

Be it Enacted by the Legislative Assembly of the State of North Dakota: § I. ACTS, PROCEEDINGS AND ELECTIONS LEGALIZED.] That all

acts and proceedings heretofore had by the board of county com- missioners in any county, preliminary to submitting to the voters of such county at either a general or special election, the question whether such county shall establish a county agricultural and training school under the provisions of Chapter 265, Session Laws of 1911, and all general or special elections held pursuant to such acts, proceedings, calls and notices shall be and are hereby legal- ized in each and every case, and hereby declared valid acts, pro- ceedings, calls, notices and elections. And this shall be true not- withstanding the omission of any matter or thing by law required as a pre-requisite to the submission of such question at a general or special election and the holding of such election, and notwith- standing defects or omissions in the proceedings had preliminary to or in the calling of, and the giving of the required notice of the submission of such question, for the establishment of such county agricultural and training school at such general or special election ; and notwithstanding the omission of any matter or thing by law re- quired to be stated in such notice; and notwithstanding any defect in the form of or the omission from the ballot used at such gen- eral or special election, any matter or thing required by law therein to be stated.

§ 2. EMERGENCY. Whereas, the provisions of Chapter 265 of the Session Laws of 1911, are vague and indefinite with respect to the matters in this bill set forth, and elections have been attempted held under such vague and indefinite provisions, an emergency is hereby declared to exist, and this act shall take effect and be in force from and after its passage and approval.

Approved March 7, 1913.

THIRTEENTH LEGISLATIVE ASSEMBLY 3!

CHAPTER 254. [S. B. No. 338 — Joint Sub-Committee on Education.]

SCHOOLS, TEXT-BOOKS.

AN ACT Providing that Persons in Charge of School Children Shall Fur- nish Suitable Text Books in Districts Wherein the Free Text Book Sys- tem Has Not Been Adopted.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ i. In any district which does not have the free text-book system, the person in charge of any child in school shall provide it with suitable text books, which shall be those adopted by the school board and necessary to its reasonably successful progress in class in all of the subjects of study for the grade to which it is assigned by its teacher.

Approved March n, 1913.

CHAPTER 269. [S. B. No. 339 — Joint Sub-Committee on Education.]

COUNTY TREASURER'S SCHOOL ACCOUNTS.

AN ACT to Amend and Re-enact Section 113 of Chapter 266 of the Session Laws of 1911, Relating to County Treasurer's Accounts Kept with School Corporations.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

$ i. AMENDMENT.] That Section 113 of Chapter 266 of the Session Laws of 1911 be and the same is hereby amended and re- enacted so as to read as follows :

§ 113. COUNTY TREASURER TO KEEP ACCOUNTS WITH THE SCHOOL CORPORATION.] Each county treasurer shall keep a regular account with each school corporation, in which he shall charge himself with all taxes collected by levy of the district school board and all sums apportioned to the district by the county superintendent or other authority and all sums received from the district, and he shall credit himself with all payments made to the treasurer of the dis- trict, distinguishing between the items paid by apportionment, those from county taxes and those from other sources. He shall also credit himself with all payments for redemption or endorsement of warrants in the collection of taxes and shall deliver to the dis- trict treasurer a duplicate tax receipt for the amount of each war- rant so indorsed or redeemed, together with all warrants so re- deemed at the time of making other regular payments to the dis- trict treasurer. To these credits, to balance the accounts, he shall add all items for legal fees, for collection and other duties. He shall annually on the first day of July file with the county superin- tendent of schools an itemized statement of all funds remitted by him during the preceding school year to each of the respective

32 EDUCATIONAL LAWS

school district treasurers. On the same day he shall also send statement to each of such treasurers itemizing the payments made by him during such time to such respective treasurers. Also, he shall, on the same day, send to each district clerk a copy of the statement which he sends to the treasurer of that district. Approved March u, 1913.

CHAPTER 260. [S. B. No. 340 — Joint Sub-Committee on Education.]

EXPENSES COUNTY SUPERINTENDENTS.

AN ACT to Repeal Section 28 of Chapter 266 of the Session Laws of 1911, Relating to Office, Postage and Stationery of County Superintendent.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ I. REPEAL.] That Section 28 of Chapter 266 of the Session Laws of 1911 be and the same is hereby repealed. Approved March n, 1913.

CHAPTER 263.

[S. B. No. 342 — Joint Sub-Committee on Education.]

SCHOOL INSPECTION.

AN ACT to Amend Section 80 of Chapter 266 of the Session Laws of 1911, Relating to Board of Inspection.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ I. AMENDMENT.] That Section 80 of Chapter 266 of the Session Laws of 1911 be, and the same is hereby, amended to read as follows :

§ 80. COUNTY BOARD OF HEALTH.] Whenever the county su- perintendent of schools shall report to the county board of health that a school house or any school out-building is in an unsanitary or unsafe condition, or that any of the pupils or any person of school age is alleged to be defective in mind or body, it shall be the duty of the said board to investigate the report without delay and to direct the school board or a person in charge of the alleged de- fective to take such action as shall seem to be for the best interests of the persons immediately concerned. Approved March n, 1913.

CHAPTER 265. [S. B. No. 343 — Joint Sub-Committee on Education.]

SCHOOLHOUSE SITES.

AN ACT to AMEND and Re-enact Section 81 of Chapter 266 of the Session Laws of 1911, Relating to School House Sites.

THIRTEENTH LEGISLATIVE ASSEMBLY 33

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ i. AMENDMENT.] That Section 81 of Chapter 266 of the Session Laws of 1911 be and the same is hereby amended and re-enacted to read as follows :

§ 81. SCHOOL HOUSE SITES, HOW OBTAINED AND MAXIMUM AREA ALLOWED.] The school board of any school district may take in the corporate name thereof any real property not less than two acres, nor exceeding five acres in area chosen as a site for school house, as provided in this chapter, and may hold and use such tract for school purposes only. It shall secure good title to any and all of the school sites in the district, and cause the same to be recorded in the office of the register of deeds. It shall be the duty of the state's attorneys to pass upon the title to any school site before the deed thereof is recorded. Should the owner of such real property refuse or neglect to grant and convey such site a site for a school house may be obtained by proceeding in eminent do- main, as provided in the Code of Civil Procedure. If this site so selected is not used for the purpose for which it is taken for two successive years it shall revert to the original owner or his assigns upon payment of the sum originally paid by the school district. If such owner or his assigns neglects or refuses to make such repayment for one year after the demand therefor by the board such site shall be the property of the district.

Approved March n, 1913.

CHAPTER 259. [S. B. No. 344 — Joint Sub-Committee on Education.]

SCHOOL DISTRICT BOUNDARIES.

AN ACT to Repeal Section 43/^2 of Chapter 266 of the Session Laws of 1911, Relating to Boundaries of School District.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ i. REPEAL.] That Section 43^ of Chapter 266 of the Ses- sion Laws of 1911 be and the same is hereby repealed. Approved March n, 1913.

CHAPTER 266. [S. B. No. 345 — Joint Sub-Committee on Education.]

SCHOOL TERMS.

AN ACT to Amend Section 85 of Chapter 266 of the Session Laws of 1911, Relating to Additional School Time.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ i. AMENDMENT.] That Section 85 of Chapter 266 of the Ses- sion Laws of 1911 be, and the same is hereby, amended so as to read as 'follows:

34 EDUCATIONAL LAWS

§ 85. ADDITIONAL SCHOOL TIME.] If a majority of the patrons of any school averaging eight or more pupils in daily attendance for a period of three months immediately prior to the date of filing the petition with the clerk of the district board, shall petition the board to continue such school for an additional time, the board shall continue such school for that length of time if there are funds in the treasury sufficient for that purpose.

Approved March n, 1913.

CHAPTER 261. [S. B. No. 347 — Joint Sub-Committee on Education.]

- HIGH SCHOOL DIPLOMAS.

AN ACT to Amend Section 258 of Chapter 266 of the Session Laws of 1911, Relating to High School Diplomas.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ i. AMENDMENT.] That Section 258 of Chapter 266 of the Session Laws of 1911 be and the same is hereby amended so as to read as follows:

§ 258. HIGH SCHOOL DIPLOMAS.] Diplomas from North Dakota high schools doing four years' work, granted to graduates who have had psychology, pedagogy, and two senior-review subjects, together with eighteen days' attendance at a teachers' training school, shall be accredited as second grade 'elementary certificates ; and if within two years from the date of the diploma the holder has had at least eight months' successful experience in teaching, he shall be entitled to a first grade elementary certificate.

Approved March u, 1913.

CHAPTER 267. [S. B. No. 376 — Joint Sub-Committee on Education.]

SCHOOL COMPULSORY ATTENDANCE.

AN ACT to Amend Section 232 of Chapter 266 of the Session Laws of 1911, Relating to Education.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ I. Section 232 of Chapter 266 of the Laws of 1911 is hereby amended to read as follows:

§ 232. SCHOOL AGE. WHO EXEMPT FROM COMPULSORY ATTEND- ANCE.] Every parent, guardian, or other person, who resides in any school district or city, and who has control over any child of or between the ages of eight and fifteen, shall send such child to a public school in each year during the entire time the public schools of such district or city are in session; and every parent, guardian, or other person having control of any deaf, blind or feeble-minded child or youth between the ages of seven and twenty-one years of

THIRTEENTH LEGISLATIVE ASSEMBLY 35

age shall be required to send such deaf child to the school for the deaf at the city of Devils Lake for the entire school year unless excused by the superintendent or principal of such school, such blind child to the school for the blind at Bathgate for the entire school year unless excused by the superintendent or principal of such school, and such feeble-minded child to the institution for the feeble-minded at Grafton; provided, that such parent, guardian or other person having control of any child shall be excused from such duty by the school board of the district or by the board of educa- tion of the city or village whenever it shall be shown to their satis- faction subject to appeal as provided by law that one of the follow- ing reasons therefor exists :

1. That such child is taught for the same length of time in a parochial or private school, approved by the county superintendent of schools subject to appeal to the superintendent of public instruc- tion; that no school shall be approved by the county superintendent of schools or superintendent of public instruction unless the branches usually taught in the common schools are taught in such schools.

2. That such child is actually necessary to the support of the family.

3. That such child has already acquired the branches of learning taught in the public schools.

4. That such child is in such a physical or mental condition (as declared by a licensed physician, if required by the board) as to render such attendance inexpedient or impracticable.

5. If no school is taught the requisite length of time within two and one-half miles of the residence of such child by the nearest route such attendance shall not be enforced, except in cases of consolidated schools, where the school board has arranged for the transportation of pupils. In every school district where consolidated schools have not been established the school board shall arrange a system of zones for the transportation of children to and from school at the expense of the district. Children living within not less than one and one-quarter miles nor more than two and one- quarter miles from the school house by the nearest public route shall be in zone number one; children living within not less than two and one-quarter miles nor more than three and one-quarter miles from the school house by the nearest public route shall be in zone number two ; and children living at a greater distance than three and one-quarter miles from the school house by the nearest public route shall be in zone number three. In providing com- pensation for transportation the school board shall provide a max- imum compensation per family for the first zone, and compen- sation per family for transportation from zone number two shall be one-half greater per family than for zone number one, and com- pensation per family for zone number three shall be twice the com- pensation per family for zone number one. Provided, that when provision has been made for the transportation of pupils by the

36 EDUCATIONAL LAWS

school board of any district agreeably to the provisions of this Chapter, the pupils residing therein shall be amenable to the pro- visions of law requiring the attendance at school of such pupils. Provided, further, that the provisions for transportation shall not apply to deaf, blind and feeble-minded children in this state, and this Section shall not be construed to apply to parents, guardians, or other persons having control of any child or children between the ages of eight and fifteen, who desire to send such child or children for a total period of not exceeding six months, which may be taken in one or more years, to any parochial school for the pur- pose of preparing such child or children for certain religious duties. It shall be the duty of the clerk of the school board to include in his annual statement an item setting forth the amount spent for the transportation of pupils. Approved March n, 1913.

CHAPTER 253. [S. B. No. 390 — Joint Committee on Education.]

CONSOLIDATION DISTRICT SCHOOLS.

AN ACT to Amend Section 84 of Chapter 266 of the Session Laws of 1911, Relating to Education.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ i. Section 84 of Chapter 266 of the Laws of 1911 is hereby amended to read as follows:

§ 84. CONSOLIDATION. CONVEYING PUPILS.] The district board may call, and, if petitioned by one-third of the voters in the district, shall call an election to determine the question of "conveying pupils at the expense of said district to and from schools already estab- lished," or "of consolidating two or more schools, and of selectiig a site and erecting a suitable building, or of making suitable addi- tions to buildings already erected, to accommodate the pupils of schools to be vacated." Said elections shall be conducted, both as to notices and as to manner of canvassing the votes, in the same manner as the annual school election. If a majority of the votes cast at such election are in favor of conveying the pupils at the expense of the district to and from schools already established or of consolidating two or more schools and of providing a suitable building for the accommodation of the pupils of vacated schools, then the board shall make all necessary arrangements to carry out the decision, of the district. The board shall arrange for the trans- portation of pupils to and from such schools. It shall establish routes of travel, adopt rules and regulations for such transporta- tion, and shall contract with responsible parties for such transpor- tation. Provided, that whenever the school board of a district in which a consolidated school is established is unable to make suit- able arrangements for the transportation of pupils to and from

THIRTEENTH LEGISLATIVE ASSEMBLY

school, said transportation shall be provided according to the pro- visions of Section 232 of Chapter 266 of the Laws of 1911, amended. Approved March n, 1913.

CHAPTER 257. [H. B. No. 66— Buck.]

ELECTION OF BOARD OF EDUCATION OF INDEPENDENT

SCHOOL DISTRICTS.

AN ACT to Amend and Re-enact Section 181 of Chapter 266 of the Session Laws of the Year 1911 ; of the State of North Dakota,' Relating to Public Schools.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ i. AMENDMENT.] Section 181 of Chapter 266 of the Session Laws of the State of North Dakota for the year 1911, relating to public schools, is amended and re-enacted to read as follows:

§ 181. MEMBERS OF THE BOARD. How ELECTED. QUORUM AND TERM OF OFFICE.] Such board shall consist of one member from each ward in the city, and when the city is divided into an even number of wards then such city shall elect one member of such board at large, and when such city is divided into an odd number of wards such city shall elect two members of such board at large. Such members shall hold their office for the term of three years and until their successors are elected and qualified. Provided, that at the first election in independent districts hereafter organized members from even numbered wards shall be elected for a term of one year; and members from odd numbered wards for a term of two years ; and members at large shall be elected for a term of three years. Provided, further, that in such cities as have been here- tofore organized independent school districts that the term of office of members at large elected in 1912 shall be three years ; that the term of office for members of said board from even numbered wards elected in 1912 be extended to two years from the date of their elec- tion ; that their term of office of the members elected from odd numbered wards in 1911 shall remain two years, and that there- after the term of office for all members shall be three years. A majority of said board shall constitute a quorum.

EMERGENCY.] Whereas, an emergency exists in that the next school election takes place April 2ist, 1913, therefore this act shall take effect and be in force from and after its passage and approval.

Approved February 26, 1913.

CHAPTER 153. [H. B. No. in— Curry.]

NON-PARTISAN ELECTIONS. AN ACT to Provide for the Non-Partisan Nomination and Election of the

38 EDUCATIONAL LAWS

State Superintendent of Public Instruction and County Superintendent of Schools.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ i. No PARTY BALLOTS.] In all petitions and affidavits to be filed by or in behalf of any candidate for nomination at any primary election to the offices of state superintendent of public instruction and county superintendents of schools, no reference shall be made to any party ballot or to the party affiliation of such candidate.

§ 2. SEPARATE BALLOTS FOR SCHOOL NOMINATIONS.] At all primary elections at which candidates for the offices herein referred to are to be nominated, there shall be separate ballots, which ballots shall be entitled, "Non-partisan school ballot," and the names of such candidates shall be placed thereon without party designation, and there shall be designated thereon the number of persons to be elected to each office. Except as herein provided, this ballot shall be prepared, printed, distributed, canvassed and returned in the manner now provided by law for primary election ballots, and shall be delivered to each elector by the proper election pfficers and, where there are three or more candidates for the same office, the two can- didates receiving the highest number of votes for such office shall be duly nominated thereto, and where there are only two candi- dates for the same office, both candidates shall be duly nominated thereto.

§ 3. BALLOTS AT GENERAL ELECTION.] At the general election there shall be a separate ballot upon which shall be placed the names of all candidates who have been nominated as herein provided, which ballot shall be entitled "School Ballot," and the names of all such candidates shall be placed thereon without party designa- tion, and there shall be designated thereon the number of candidates for each office for whom each elector is entitled to vote. Except as hereinafter provided, this ballot shall be prepared, printed, dis- tributed, canvassed and returned in the manner now provided by law for general election ballots. This ballot shall be delivered to each elector, and the candidates for each office on such "Non-par- tisan school ballot" receiving the highest number of votes shall be duly elected to such office.

§ 4. REPEAL.] All acts and parts of acts in so far as they con- flict herewith are hereby repealed.

Approved March n, 1913.

CHAPTER 264. [H. B. No. 238— Homan.l

SCHOOL SUPPLIES.

AN ACT to Amend Section 70 of Chapter 266 of the Session Laws of 1911, Relating to the Purchase of School Supplies.

THIRTEENTH I .<•:< IISLATIVE ASSEMBLY 30

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ i. AMENDMENT.] That Section 70 of Chapter 266 of the Session Laws of 1911 be amended to read as follows:

§ 70. FURNITURE, MAPS, REGISTER, SCHOOL LIBRARY.] The dis- trict school board shall, with the approval of the county superin- tendent of schools, furnish to each school all necessary and suit- able furniture, maps, charts, globes, blackboards, and other school apparatus, including any dictionary which is recognized as a stand- ard authority. The school register and all school blanks used shall be those furnished by the state department of public instruction. It shall appropriate and expend each year not less than ten dollars ($10.00), or more than twenty-five dollars ($25.00), for each school of the district for the purpose of school library, to be selected by the school board and the teacher, from any list of books authorized by the superintendent of public instruction, and furnished by him to the county superintendent for that purpose.

Approved March n, 1913.

CHAPTER 67. [H. B. No. 373— Putnam.]

CARE OF BLIND CHILDREN.

AN ACT for an Act to Provide for the Care and Maintenance and Instruc- tion of Blind Babies and Children Under School Age.

Be it Enacted by the Legislative Assembly of the State jf North Dakota:

§ i. Until there shall have been established by law in this state an institution for the care, maintenance and instruction of blind children under school age the board of control of state institutions shall have power to provide for such care, maintenance and in- struction of such children residing in this state in a suitable in- stitution inside or without the state, in any case where by reason of lack of means or other cause, the parent or parents of such chil- dren may be unable to properly care for, maintain and instruct them until they reach school age.

§ 2. For the purpose of providing such care, maintenance and instruction, the said board of control shall have power to contract with any suitable institution for the care, maintenance and in- struction of such children and to provide for their transportation to and from the same.

§ 3. EMERGENCY.] Whereas an emergency exists in that there is now no law in this state covering the matter herein provided for, this act shall be in full force and effect from and after its pas- sage and. approval.

Approved March n, 1913.

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