LIBRARY
UNIVERSITY OF CALIFORNIA
GIFT OF
,
THE GENERAL SCHOOL LAWS
OF THE
State of North Dakota
COMPRISING ALL THE LAWS IN FORCE
Pertaining to Public Schools, State Educational Institutions,
School Lands and Public Lands Appropriated to the
Use of the State Educational Institutions, with
APPEN DICES
COMPILED AT THE OFFICE OF THE
SUPERINTENDENT OP PUBLIC INSTRUCTION
June, 1901.
PUBLISHED BY AUTHORITY
BISMARCK, N. D.:
PRESS OF THE TRIBUNE
1901.
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
deliver this volume, with all other books and documents of an
official character, to thedr successors in office.
INTRODUCTORY.
Tliis compilation of the General School Laws is authorized by
section 631 of the Revised Codes of 1899, and is designed to in-
clude all provisions relating to education at present in force
which make the laws governing the complete school system of
the state. It embraces the laws pertaining to the public schools,
the state educational institutions, and the lands appropriated to
the use of the public schools and the state educational institu-
tions.
The compilation contains all general laws in full as appear in
the code, amended or extended by the legislative assembly of 1901.
Special acts are referred to by title only.
Special laws, designated by title only, laws pertaining to specu-
lation in office and to penalty for failure to make reports, the
filing of 'bond of school district treasurer, bonds for labor and
material for public buildings and the decisions of the supreme
court of the territory of Dakota and of the state of North Dakota
pertaining to .school matters are to be found in the appendices.
A calendar will also be found in the appendices which may be
of assistance to school officers in the timely discharge of their
duties.
J. M. DEVINE,
Superintendent of Public Instruction.
Bismarck, X. D., June 1, 1901.
CONSTITUTIONAL PROVISIONS.
[Adopted October 1, 1889.]
PREAMBLE.
We, the people of North Dakota, grateful to Almighty God for
the blessings of civil and religious liberty, do ordain and estab-
lish this Constitution.
ARTICLE II.
THE LEGISLATIVE DEPARTMENT.
Sec. 69. The legislative assembly shall not pass local or spe-
cial laws in any of the following enumerated cases, that is to
say:
* * * * * *
12. Providing for the management of common schools.
ARTICLE ITL
EXECUTIVE DEPARTMENT.
Sec. 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 in-
struction who shall have attained the age of
twenty-five years, shall be a citizen of the United States, and
shall have the qualifications of state electors. They shall sever-
ally hold their offices at the seat oif government for the term of
two years and until their successors are elected and duly qualified.
* * *
Sec. 83. The powers and duties of the * superin-
tendent of public instruction, shall be as pre-
scribed by law.
Sec. 84. Until otherwise provided by law, the
superintendent of public instruction shall each
receive an annual salary of f 2,000; * * but the salary
of any of said officers 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.
GENERAL SCHOOL LAWS,
ARTICLE V.
ELECTIVE FRANCHISE.
(Sec. 121. 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, in the county 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 — Persons oif foreign birth who shall have declared their
intention to become citizens one year and not more than six years
prior to such election, conformably to the naturalization laws of
the United States.
Third — Civilized persons of Indian descent who shall have sev-
ered their tribal relation two years next preceding such election.
Sec. 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
returning from such election, and no elector shall be obliged to
perform military duty on the day of election except in time of
war or puiblic danger.
Sec. 125. iNo 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.
Sec. 120. No soldier, seaman or marine in the army or navy of
the United States shall foe deemed a resident of this state in con-
sequence of his being stationed therein.
Sec. 127. No person who is under guardianship, non compos
mentis or insane, shall be qualified to vote ait any election, nor
shall any person convicted of treason or felony, unless restored
TO civil rights.
iSec. 128. Any woman having qualifications enumerated in
sectiom 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.
iSec. 129. All elections by the ipeople shall be by secret ballot
subject to such regulations as shall be provided by law.
ARTICLE VIII.
EDUCATION.
iSec. 147. A high degree of intelligence, patriotism, integrity
and morality on the part of every voter in a government by the
STATE OF NORTH DAKOTA.
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 irre-
vocable without the consent of the United States and the people
of North Dakota.
Sec. 148. The legislative assembly shall provide at its first ses-
sion after the adoption of this Constitution for a uniform system
of free public schools throughout the state: beginning with the
primary and extending through all grades up to and including the
normal and collegiate course.
Sec. 149. In all schools instruction shall be given as far as
practicable 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.
Sec. 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.
Sec. 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,
scientific and agricultural improvement.
Sec. 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. Xo 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.
ARTICLE IX.
SCHOOL AND PUBLIC LANDS.
Sec. 153. All proceeds of the public lands that have heretofore
been or may hereafter be granted toy the United States for the
support of the common schools in this state; all such per centum
as may be granted by the United States on the sale of public
lands; the proceeds of property that shall fall to the state by
escheat; the proceeds of all gifts and donations to the state for
common schools, or not otherwise appropriated by the terms of
the gift, and all other property otherwise acquired for common
schools, shall be and remain a perpetual fund for the mainte-
nance of the common schools of the state. It shall be deemed a
tiust fund, the principal of which shall forever remain inviolate,
10 GENERAL SCHOOL LAWS,
and may be increased but never diminished. The state shall
make good all losses thereof.
Sec. 154. The interest and income of this fund, together with
the net proceeds of all fines for violation of state laws, and all
other sums which may be added thereto by law, shall be faith-
fully used and applied each year for the benefit of the common
schools of the state, and shall be for this purpose apportioned
among and between all the several common school corporations
of the state in proportion to the number of children in each of
school age, as may be fixed by law, and no part of the fund shall
ever be diverted even temporarily from this purpose, or used for
any other purpose whatever than the maintenance of common
schools for the equal benefit of all the people of the state; pro-
vided, howrever, that if any portion oif the interest or income
aforesaid be not expended during any year, said portion shall be
added to and become a part of the school fund.
Sec. 155. After one year from the assembling of the first leg-
islative assembly, the lands granted to the state from the United
States for the support of the common schools, may be sold upon
the following conditions, and no other: No more than one-fourth
of all such lands shall 'be sold within the first five years after the
same 'become saleable by virtue of this section. No more
than one^half of the remainder within ten years after the same
become saleable as aforesaid. The residue may be sold at any
time after the expiration of said ten years. The legislative as-
semibly shall provide for the sale of all school lands subject to
the provisions of this article. The coal lands of the state shall
never be sold, but the legislative assembly may by general laws
provide for leasing of the same; the words "coal lands" shall in-
clude lands 'bearing lignite coal.
Sec. 156. The superintendent of public instruction, governor,
attorney general, secretary of state and state auditor shall con-
stitute a board of commissioners, which shall 'be dominated the
"Board of University and School Lands," and subject to the pro-
visions of this article and any law that may be passed by the
legislative assembly, said board shall have control of the ap-
praisement, sale, rental and disposal of all school and university
lands, and shall direct the investment of the funds arising there-
from in the hands of the state treasurer, under the limitations
m section 160 of this article.
Sec. 157. The county superintendent of common schools, the
chairman of the county board and the county auditor shall con-
stitute boards of appraisal, and under the authority' of the state
board of university -and school lands shall appraise all school
lands within their respective counties, which they may from time
to time recommend for sale at their actual value, under the pre-
STATE OF NORTH DAKOTA.
scribed terms, and shall first select and designate for sale the
most valuable lands.
Sec. 158. No lands shall be sold for less than the appraised
value, and in no case for less than ten dollars per acre. The
purchaser shall pay one-fifth of the price in cash, and the remain-
ing four-fifths as follows: One-fifth in five years, one-lfifth in ten
years, one-fifth in fifteen years and one-fifth in twenty years, with
interest at the rate of not less than six per centum, payaible an-
nually in advance. All sales shall be held at the county seat of
the county in which the land to be sold is situate, and shall be
at public auction, and to the highest bidder, after sixty daysy
advertisement of the same in a newspaper of general circulation
in the vicinity of the lands to be sold, and one at the seat of gov-
ernment. Such lands as shall not have been specially subdi-
vided shall be offered in tracts of one-quarter section, and those
so subdivided in the smallest subdivisions. All lands designated
for sale and not sold within two years after appraisal shall be
reappraised before they are sold. No grant or patent for any
such lands shall issue until payment is made for the same; pro-
vided, that the lands contracted to 'be sold by the state shall be
subject to taxation from the date of such contract. In case the
Taxes assessed against any of said lands for any year remain un^
paid until the first Monday in Octo-ber of the following year, then
and thereupon the contract for sale of such lands shall become
null and void.
Sec. 159. All lands, money or other property, donated, granted
or received from the United States or any other source for a uni-
versity, school of mines, reform school, agricultural college, deaf
and dumb asylum, normal school, or other educational or chari-
table institution or purpose, and the proceeds of all such lands
and other property so received from any source, shall be and re-
•main (perpetual funds, the interest and income of which to^
gether with the rents of all such lands as may remain unsold,
shall be inviolably appropriated and applied to the specific ob-
jects of the original grants or gifts. The principal of every such
fund may be increased but shall never be diminished, and the
interest and income only shall be used. Every such fund shall
be deemed a trust fund held by the state, and the state shall
make good all losises thereof.
Sec. 160. All lands mentioned in the preceding section shall
be appraised and sold in the same manner and under the same
limitations and subject to all the conditions as to price and sale
as provided above for the appraisal and sale o>f lands for the bene-
fit of common .schools; but a distinct and separate account shall
be kept by the proper officers of each of said funds; provided,
that the limitations as to the time in which school lands may be
GENERAL SCHOOL LAWS,
sold shall apply only to lands granted for the support of common
schools.
Sec. 161. The legislative assembly shall have authority to pro-
vide 'by law for the leasing of lands granted to the state for edu-
cational and charitable purposes; but no such law shall authorize
Ihe leasing of said lands for a longer period than five years. Said
/ands shall only be leased for pasturage arid 'meadow purposes.
and at a public auction aifter notice as heretofore provided in case
of sale; provided, that all of said school lands now under culti-
vation may be leased at the discretion and under the control of
the board of university and school lands for other than pastur-
age and meadow purposes until sold. All rents shall be paid in
advance.
Sec. 162. The moneys of the permanent school fund and other
educational funds shall be invested only in 'bonds of school cor-
porations within the state, bonds of the United States, bonds of
the state of North Dakota, or in first mort gages on farm lands in
the state not exceeding in amount one-third of the actual value
of any subdivision on which the same may be loaned, such value
to be determined by the board of appraisers of school lands.
Sec. 163. No la,w shall ever be passed by the legislative assem-
bly granting to any person, corporation or association any privi-
leges by reason of the occupation, cultivation or improvement of
any puiblic lands by said person, corporation or association sub-
sequent to the survey thereof by the general government. No
claim for the occupation, cultivation or improvement of any pub-
lic lands shall ever be recognized, nor shall such occupation,
cultivation or improvement of any public lands ever be used to
diminish, either directly or indirectly, the purchase price of said
lands.
Sec. 164. The legislative assembly shall have authority to pro-
vide by law for the sale or disposal of all public lands that have
been heretofore, or may hereafter be granted by the United States
to the state for purposes other than set forth and named in sec-
tions 153 and 159 of this article. And the legislative assembly,
in 'providing for the appraisement, sale, rental and disposal of
1he same, shall not be subject to the provisions and limitations
of this article.
Sec. 165. The legislative assembly shall pass suitable laws for
the safe-keeping, transfer and disbursement of the state school
funds, and shall require all officers charged with the same or the
safe-keeping thereof to give ample 'bonds for all moneys and funds
received by them, and if any of said officers shall convert to his
own oise in any manner or form, or shall loan, with or without
interest or shall deposit in his own name, or otherwise than in
the name otf the state of North Dakota, or shall deposit in any
banks or with any person or persons, or exchange for other funds
STATE OP NORTH DAKOTA.
or property any portion of the school funds aforesaid, or pur-
posely allow any portion of the same to remain in his own hands
uninvested except in the manner prescribed by law, every such
act shall constitute an embezzlement o»f so much of the aforesaid
school funds as shall be thus taken or loaned, or deposited, or ex-
changed, or withheld, and shall be a felony; and any failure to
pay over, produce or account for the 'state school funds or any
part of the same entrusted to any such officer, as by law required
or demanded, shall be held and be taken to be 'priina facie evi-
dence of such embezzlement.
ARTICLE XII.
PUBLIC DEBT AND PUBLIC WORKS.
Sec. 183. The debt of any county, township, town, school dis-
trict or any other political subdivision, shall never exceed five per
centum upon the assessed value of the taxable property therein;
provided, that any incorporated city may iby a two-thirds vote in-
crease such indebtedness three per centum on such assessed value-
beyond said five per cent limit. In estimating the indebtedness
which a city, county, township, school district or any other polit-
ical subdivision may incur, tke entire amount of existing indebt-
edness, whether contracted prior or subsequent to the adoption
of this constitution shall be included; * All bonds or*
obligations in excess of the amount of indebtedness permitted by
This constitution, given by any city, county, township, town,
school district or other political subdivision, shall be void.
Sec. 184. Any city, county, township, town, school district, or
any other political subdivision incurring indebtedness shall, at or
before the time of so doing, provide for the collection of an an-
nual tax sufficient to pay the interest and also the principal there-
of when due, and all laws or ordinances providing for the pay-
ment of the interest or principal of any debt shall be irrepealable
until such debt be paid.
Sec. 185. Neither the state nor any county, city, township,
town, school district or any other political subdivision shall loan
or give its credit or make donations to or in aid of any individual,
association or corporation, except for necessary support of the
poor, nor subscribe to or become the owner of the capital stock of
any association or corporation,
Sec. 186. * No bills, claims, accounts or de-
mands against the state, or any county or other political subdi-
vision, shall be audited, allowed or paid until a full itemized
statement in writing shall be filed with the officer or officers,
whose duty it may be to audit the same.
GENERAL SCHOOL LAWS,
Sec, 187. * * * No >bond or evidence of debt of
.any county, or bond of any township or other political subdivision
.shall be valid unless the same have endorsed thereon a certificate
signed by the county auditor, or other officer authorized by law
to sign such certificate, stating that said bond, or evidence of
debt, is issued pursuant to law and is within the debt limit.
ARTICLE XIX.
PUBLIC INSTITUTIONS.
Sec. 215. The following public institutions of the state are
permanently located at the places hereinafter named, each to
Shave the lands specifically granted to it by the United States in
the act of congress approved February 22, 1889, to be disposed of
and used in such manner as the legislative assembly may pre-
scribe, subject to the limitations provided in the article on school
.and public lands contained in this Constitution:
Second — The state university and the school of mines at the
<city of Grand Forks, in the county of Grand Forks.
Third — The agricultural college at the city of Fargo, in the
Bounty of Oass.
[Fourth — A state normal school at the city of Valley City, in
tjie county of Barnes; and the legislative assembly in apportion-
ing the grant of 80,000 acres of land for normal schools made in
the act of congress referred to, shall grant to the said normal
school at Valley City aforementioned 50,000 acres, and said lands
.are hereby appropriated to said institution for that purpose.
Fifth — The deaf and dumb asylum at the city o>f Devils Lake
in the county of Ramsey.
* * » * * *
Seventh — A state normal school at the city of Mayville in the
Bounty of Traill ; and the legislative assembly in apportioning the
grant of land made by congress in the act aforesaid for state
normal schools, shall assign 30,000 acres to the institution hereby
located at Mayville, and said lands are hereby appropriated for
:gaid purpose.
Sec. 216. The following named public institutions are hereby
permanently located as hereinafter provided, each to have so
much of the remaining grant of 170,000 acres of land made by
the United States for "other educational and charitable institu-
lions," as is allotted by law. viz:
(Second — A blind asylum, or such other institution as the legis-
lative assembly may determine, at such place in the county of
Pembina as the qualified electors of said county may determine
,at an election to be held as prescribed by the legislative assembly,
with a grant of 30,000 acres.
STATE OF NORTH DAKOTA. 15
Third — An industrial school and school for manual training,
or such other educational or charitable institution as the legisla-
tive assembly may pro-vide, at the town of Ellendale, in the county
of Dickey, with a grant of 40,000 acres.
Fourth — A school of forestry, or such other institution as the
legislative assembly may determine, at such place in one of the
counties of McHenry, Ward, P>ottineau or Rolette as the electors
of said co-unties may determine by an election for that purpose,
to 'be held as provided by the legislative assembly.
Fifth — A scientific school, or such other educational or char-
itable institution as the legislative assembly may prescribe, at
the city of Wahpeton, county of Richland, with a grant of 40,000
acreis; provided, that no other institution of a character similar
to any one of those located by this article shall be established or
maintained without a revision of this constitution.
GENERAL SCHOOL LAWS
OF THE
State of North Dakota
From the Revised Codes of 1899 an^ Laws of 1901.
FREE PUBLIC SCHOOLS.
(Chap. 98, Laws of 1901.)
Section 1. 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 asylum at Devils
Lake, the industrial school and school of manual training at
Ellendale, a scientific school at Wahpeton, the school of forestry
at Bottineau, and all other schools heretofore established by law
and maintained by taxation constitute the system of free public
schools of the state.
CHAPTER 9.
ARTICLE 1. — SUPERINTENDENT OF PUBLIC INSTRUCTION.
Sec. 022. 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 superin-
tendent of public instruction, who shall have attained the age of
twenty-five years, and who shall have the qualifications of an
elector for that office and the holder of a state certificate of the
highest grade, issued in some state, or a graduate of some repu-
table university, college or normal school. He shall hold his office
«t 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.
18 GENERAL SCHOOL LAWS,
Sec. 623. TO PRESERVE MISCELLANEOUS DOCUMENTS.
— He shall preserve 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 to-
gether with the reports, statements, records and archives of his
office to his successor.
Sec. 624. SUPERVISION OF SCHOOLS.— He shall have the
general supervision of the public schools of the state and shall
be ex-officio member of the board of university and school lands
and of the normal school boards of the state.
Sec. 625. TO FURNISH SCHOOL SUPPLIES, BLANKS,
ETC., AND TO ESTABLISH CIRCULATING LIBRARIES.— He
shall prepare, cause to be printed and furnish to the proper offi-
cers or persons all district clerks' record books and warrant
books, school treasurers' record books, school registers, reports,
statements, notices and returns needed or required to be used in
the ischools or by the school officers of the state. He shall pre-
pare and furnish to school officers, through the county superin-
tendents, lists of publications approved by him as suitable for
district libraries; such lists shall contain also the lowrest price
at which each publication can be purchased and such other infor-
mation relative to the purchase of district libraries as he may
deem requisite. He shall also select and purchase books suit-
able for district libraries, and cause the same to be circulated as
traveling libraries under such rules and regulations as he may
prescribe. And for the purpose of selecting and purchasing such
books there is hereby appropriated the sum of seven hundred and
fifty dollars annually, to be paid by warrant of the state auditor
on the state treasurer, upon the presentation of itemized bills in
due form, duly approved by the superintendent of public instruc-
tion.
Sec. 626. EXAMINATIONS AND TEACHERS' CERTIFI-
CATES.— He shall prepare or cause to be prepared all questions
to 'be used in the examination of applicants for teachers' certifi-
cates, prescribe the rules and regulations for conducting such ex-
aminations and issue or revoke state certificates as provided in
this chapter.
Sec. 627. PRESCRIBE COURSE OF STUDY.— He shall pre-
pare and prescribe a course of study for all the public and normal
schools "of the state and the course of study, training and prac-
tice of the professional department of schools, designated and
supported wholly or in part by the state.
STATE OF NORTH DAKOTA. 19
Sec. 628. RULES FOR TEACHERS' INSTITUTES.— He shall
prescribe rules and regulations for the holding of teachers' insti-
tutes and teachers' training schools, and after counseling and
advising with county superintendents, shall appoint conductors
therefor. He shall prescribe the course of instruction for teach-
ers' institutes and for teachers' training schools, and the course
of reading for the teachers' reading circles within the state.
Sec. 629. ADVISE COUNTY SUPERINTENDENTS. —He
shall counsel with and advise county superintendents upon all
matters involving the welfare of schools and he shall, when re-
quested, give them written answers to all questions concerning
the school law. He shall decide all appeals from the decision
of the county superintendents, and may for such decisions require
affidavits, verified statements or sworn testimony as to the facts
hi issue. He shall prescribe and cause to be enforced rules of
practice and regulations pertaining to the hearing and determin-
ation of appeals, and necessary for carrying into effect the school
lawis of the state.
Sec. 630. 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.
Sec. 631. SCHOOL LAWS TO BE PRINTED.— He shall at
least once in two years 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 as they are needed to the school
officers in the state.
Sec. 632. CONFERENCE WITH COUNTY SUPERINTEND-
ENTS.— He shall meet the county superintendents of each judi-
cial district or of two o<r more districts combined at such time and
place as he shall appoint, giving them due notice of such meeting.
The objects of such meeting shall be to accumulate valuable facts
relative to schools, to compare views, to discuss principles, to
hear discussions, and suggestions relative to the examinations
and qualifications of teachers, methods of instruction, text books,
institutes, visitation of schools and other matters relating to the
public schools.
Sec. 633. SEAL. — He shall provide and keep a seal by which
all his official acts may be authenticated.
Sec. 634 TO ASSIST AT TEACHERS' INSTITUTES.— He
shall when practicable, attend and assist at teachers' institutes
and aid and encourage generally teachers in qualifying them-
selves 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.
20 GENERAL SCHOOL LAWS,
Sec. 635. BIENNIAL REPORT, WHAT TO CONTAIN.— He
shall, on or before the first day of November preceding the bien-
nial 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
expenditures, value of school houses and property, cost of tuition
and wages 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, acad-
emies and colleges in the state.
4. Such general matters, information and recommendations
relating to the educational interests of the state, as he may deem
important.
Sec. 636. 'REPORTS TO BE PRINTED.— Two thousand copies
of the report of the superintendent of public instruction shall be
printed biennially in the month of December preceding the ses-
sion of the legislative assembly. One copy shall be furnished to
eaich of the members of the legislative assembly, 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 superintendent, and twenty copies shall be
filed in the office of the superintendent of public instruction and
ten copies in the state library. The remaining copies shall be
distributed among the various colleges, universities and other
libraries of the United States.
Sec. 637. SALARY, TRAVELING EXPENSES.— He shall re-
ceive an annual salary of two thousand dollars and in addition
thereto his actual and necessary traveling expenses incurred in
the discharge of his official duties, not exceeding six hundred dol-
lars 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.
AETICLE 2. — COUNTY SUPERINTENDENT OF SCHOOLS.
Sec. 638. ELECTION, TERM OF OFFICE.— There shall be
elected in each organized co-unty, 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. Any voter residing in an independent
STATE OF NORTH DAKOTA. 21
school district, organized under a special act, having a board of
education and city superintendent of schools, shall not be quali-
fied to vote for county superintendent of schools.
Sec. 639. GENERAL DUTIES.— The county superintendent
of schools shall have the general superintendence of the public
schools in his county, except those in cities which are organized
under special law and those in special or independent school dis-
tricts.
Sec. (UO. VISITATION OF SCHOOLS.— He shall visit each
public school under his supervision. He shall at such visit care-
fully observe the condition of the school, the mental and moral
instruction given, the methods of teaching employed by the
teacher, the teacher's ability and the progress of the pupils. He
shall advise and direct the teacher 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 teacher's aibility to
teach and govern and the condition and progress of the school,
which .shall be open to inspection by any school director.
Sec. 641. GENERAL DUTIES.— 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,
2nd needed by such officers and teachers. Acting under the in-
structions of the superintendent of public instruction, he shall,
when expedient, convene the teachers of his county at least one
Saturday in each month during which the public schools are in
progress, or if the distance is too great he may convene the teach-
ers of two or more districts in each of the several portions of his
county in county or district institutes, or teachers' circles, for
normal instruction and the study of methods of teaching, organ-
izing, classifying and governing schools, and for such other in-
struction as may be set forth in the course of reading prescribed
by the superintendent of public instruction for the state teachers'
reading circle. Each teacher shall attend the full session of such
institute or circle and participate in the duties and exercises
thereof or forfeit one day's wages for each day's absence there-
from, unless isuch 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 wroiild cause such teacher to neglect his
school, the county superintendent may excuse such teacher from
attendance.
Sec. 642. RECORD OF OFFICIAL ACTS.— He shall keep a
record of all his official acts, and shall preserve all books, maps,
22 GENERAL SCHOOL LAWS,
charts and apparatus sent him as a school officer, or belonging;
"to his office. He shall file all reports and statements from teach-
ers and school boards and shall turn them over to his successor
in office. He shall be provided with a seal 'by which his official
acts may be authenticated.
Sec. 643. (Amended.)— MEETINGS WITH SCHOOL OFFI-
CERS.— He may arrange for meetings with school officers at des-
ignated 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 saime 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 keep-
ing of the records. He shall, on or before the first day of April
in each year, prepare and furnish to the several assessors of the
county a correct sectional map of their respective districts, show-
ing the boundaries and names or nunnlbers of all school districts
therein; provided, also, that he may convene the presidents of
school boards in his county, or such representative of each school
board as the president shall appoint, in case he cannot attend
personally, for the purpose of discussing plans and methods for
the improvement and general care of the schools; provided, fur-
ther, that such general meeting shall not occoir more than once
in each year.
Sec. 644. TO DECIDE QUESTIONS IN CONTROVERSY.— He
shall decide all matters in controversy arising in his county in the
administration of the school law or appealed to him from the
decisions 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 mat-
ter, which decision shall be final, subject to adjudication or the
proper legal remedies in the courts.
Sec. 645. POWER TO ADMINISTER OATHS.— He shall
have power to administer oaths of office to all subordinate school
officers, and to witnesses and to examine them under oath in all
controversies pending before him arising in the administration of
the school laws; but he shall not receive pay for administering
such oaths.
Sec. 646. INSTITUTE FUND, HOW RAISED AND USED.—
All funds received by him for the examination of teachers shall
be turned over to the county treasurer, who shall keep the same
as a special fund to be known as the ''Institute Fund," and which
shall !be used only for the expenses of holding county teachers*
institutes, or supporting teachers' training schools, to be paid
STATE OF NORTH DAKOTA. 23
out upon proper warrants issued by the county auditor upon the
sworn and itemized voucher of the county superintendent.
Sec. 647. APPORTIONMENT OF STATE TUITION FUND.—
He shall make apportionment of the state tuition fund among the
school corporations of the county, as provided in this chapter.
Sec. 648. TEACHER'S CERTIFICATE MAY BE REVOKED,
WHEN. — He shall see that the pupils are instructed in the sev-
eral branches of study required by law to foe taught in the schools
as far as they are qualified to pursue them. If any teacher neg-
lects or refuses to give instruction as required by law in physio-
logy and hygiene, and the nature and effect of alcoholic drinks,
narcotics and stimulants, the county superintendent shall
promptly revoke such teacher's certificate and cause him to be
discharged. If the teacher, so neglecting or refusing to give in-
structions in such branches, holds a state certificate, the county
superintendent shall immediately certify such refusal or neglect
To the superintendent of public instruction.
Sec. 649. REPORT TO STATE SUPERINTENDENT.— He
shall, on or before the fifteenth day of September in each year,
make and transmit a report to the superintendent of public in-
struction, containing such statistics, items and statements rela-
tive to the schools of the county, as may be required by such su-
perintendent. 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
quarter of his official year until he presents to the county com-
missioners the receipts of the superintendent of public instruc-
tion for such annual report.
Sec. 651. OFFICE, POSTAGE AND STATIONERY.— He may
provide for himself a suitable office for the transaction of official
business when not provided therewith toy the county commis-
sioners, and such commissioners shall audit and pa^' his reason-
able accounts for the use and furniture of such office. They shall
also furnish him with all necessary books, stationery and postage.
Sec. 652. SALARY. DEPUTY. TRAVELING EXPENSES.
-The salary of the county superintendent of schools shall be
as follows: In each county having one school and not over five,
one hundred dollars; six schools and not over ten, two hundred
dollars; eleven schools and not over fifteen, three hundred dol-
lars; sixteen schools and not over twenty, four hundred dollars;
twTenty-one schools and not over twrenty-tfive, five hundred dollars;
twenty-six schools and not over thirty, six hundred dollars;
thirty-one schools and not over thirty-five, seven hundred dollars;
thirty-six schools and not over forty, eight hundred dollars; forty-
24 GENERAL SCHOOL LAWS,
one schools and not over fifty, nine hundred dollars; and for each
additional school ten dollars additional; provided, that in com-
puting the salary of such superintendent no school shall be in-
cluded unless the saiine shall have been taught at least three
months during the preceding year; provided, further, that such
salaries shall not exceed fifteen hundred dollars in any county.
In addition thereto, he shall receive seven cents a mile for the
distance actually and necessarily traveled by him in the discharge
of his duties. He shall, at the end of every three months, make
and furnish to the county commissioners an itemized statement
of the distance so traveled in the discharge of his duties,
which shall 'be audited and ordered paid by the board of
county commissioners. The amount of his salary shall be deter-
mined each year by the actual number of schools or separate de-
partments in graded schools over which such superintendent had
official supervision during the preceding year, and the same shall
be paid out of the county general fund monthly upon the warrant
of the county auditor. In each county, which shall be organized
for school purposes after the adoption of this code, the county
superintendent shall be paid a salary at the rate of one hundred
dollars a year until the first Monday in October next following
his election, after which his salary shall be as provided for in
this section. The county superintendent may appoint a deputy
who shall perform the duties of the county superintendent dur-
ing his absence from the county; but no additional salary shall
be paid such deputy except in counties having sixty or more
schools. In counties having sixty schools the board of county
commissioners shall appropriate one hundred dollars for clerical
assistance in the county superintendent's office and five dollars
for each additional school, to be paid monthly; provided, that not
more than six hundred dollars shall be appropriated for clerical
assistance in any one year.
!Sec. 653. QUALIFICATIONS OF.— No person shall be deemed
qualified for the office of county superintendent, unless he holds
a certificate of the highest county grade or its equivalent.
Sec. 654. SHALL NOT ENGAGE IN TEACHING.— No county
superintendent of schools, except as hereinafter provided, shall
engage in teaching during the term for which he was elected, nor
shall any person under contract to teach be qualified to hold the
office of county superintendent of schools.
Sec. 655. SHALL NOT ABSENT HIMSELF FROM COUNTY.
— No county superintendent of schools shall engage in any pro-
fession or occupation, nor shall he absent himself from the
county or district for which he is elected to engage in any occu-
pation, profession or pursuit during the term for which he is
STATE OF NORTH DAKOTA. 25
fleeted for such time and in such manner as to interfere with the
proper discharge of his duties as county superintendent of
schools.
Sec. 656. SUBJECT TO REMOVAL.— Any county superin-
tendent of schools who neglects or violates any of the provisions
of sections 654 and 600 shall be subject to removal from office.
Sec. 657. XOT APPLICABLE IX EVERY COUNTY.— None of
the provisions of sections (154 and 655 shall be applicable to coun-
ties in which the salary of county superintendents of schools is
less than twelve hundred dollars per annum.
ARTICLE 3. — SCHOOL DISTRICTS.
Sec. 65S. WHAT CONSTITUTES A SCHOOL CORPORA-
TION.— Each civil township in the state, not organized for school
purposes under the district system at the taking effect of this
code, shall be and is hereby constituted a distinct school corpora-
tion, and whenever in any county a civil township shall hereafter
be organized it shall from and after such organization be and
constitute a distinct school corporation, except as otherwise spe-
cially provided in this chapter.
Sec. 659. SCHOOL TOWNSHIP TO CONFORM TO CIVIL
TOWNSHIP WHEN POSSIBLE.— Each school township in every
county in the state, which at the taking effect of this code con-
sists oif territory not organized into a civil township, shall be and
remain a distinct school corporation; provided, that whenever
such school to \vnship, or any part thereof, shall be organized into
or annexed to a civil township, such civil township shall thence-
forth constitute a distinct school corporation; but nothing in this
section shall be construed to alter the boundary lines of any
school township organized prior to the passage of this code, ex-
cept upon petition as hereinafter provided.
iSec. 660. .WHAT TERRITORY MAY BE ORGANIZED INTO
DISTRICT SCHOOL CORPORATIONS.— The county commis-
sioners of each county in which there is territory not organized
for school purposes at the taking effect of this article, may organ-
ize into a district school corporation any territory not, at the
taking effect of this article, already organized into a civil town-
ship or a school township, upon being petitioned to do so by one-
third of the residents of such territory, having the care or cus-
tody of any child of school age; provided, such territory shall
consist of not less than one congressional township, and having
not less than ten children of school age residing therein. The
26 GENERAL SCHOOL LAWS,
county cornmisisioners of every such county, with the advice and
consent of the county superintendent may rearrange the bound-
aries in any school corporation whose territory is not included
within a civil township, when petitioned to do so by a majority
of the voters residing within such school corporation, whose
boundaries will be affected thereby, subject to the same restric-
tions and conditions as to extent of territory and number of resi-
dent children of school age as in the organization of a school cor-
poration from territory not included in a civil township. In the
formation of school corporations and the rearrangement of their
boundaries as provided for in this section, the boundary lines of
congressional townships shall be followed as far as possible as
school corporation lines; provided, that in case any school towrn-
ship, containing a city o| eight hundred inhabitants or more, and
which is not organized as an independent school district, said
township outside of said city, may, on petition to the county sup-
erintendent of schools, a petition of at least two-thirds of the
legal voters of such township outside the limits of such city,
organize a school township, and when such petition is filed, the
county superintendent of schools shall proceed to call a first elec-
tion as provided in article 4 of this chapter.
Sec. 661. NEW SCHOOL DISTRICTS, HOW FORMED.— In
any county hereafter organized the county commissioners shall
so divide the county or the parts thereof, which include every
congressional township in such count}7 which has residing therein
not less than ten children of school age, into school corporations
as will 'best promote the permanent interests of public schools in
the county, upon the same petition and subject to the same con-
dition and restrictions as are contained in section 660.
Sec. 662. (Amended.)— WHEN SCHOOL CORPORATIONS
MAY BE DIVIDED AND ATTACHED TO OTHER DISTRICTS.
— If a portion of any such school corporation having not more
than ten children of school age residing therein is separated from
the other portion of such . corporation by any natural obstacle
which practically ^prevents such children from attending school
in such other portion, the county commissioners of the county
may annex such portion so separated to an adjoining school cor-
poration, and the portion so annexed shall constitute a part of
such adjacent corporation. If such adjacent corporation lies in
another county, the county commissioners of the two counties
may jointly make such annexation; provided, that whenever por-
tions of a school corporation lie in different civil townships,
there may be created therefrom two or more distinct school cor-
porations, when, in the judgment of such commissioners and
superintendent, such change can be made without detriment to
STATE OF NORTH DAKOTA. 27
the schools or to the ipnpils therein, and the division can be made
by following the boundary line, or lines, of congressional town-
ships, or the meander lines of the government survey.
Sec. G63. ANNEXATION OF SCHOOL CORPORATIONS.—
In any county not organized for school purposes under the dis-
trict system at the taking effect of this code, 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
county commissioners of such county, or the county commission-
ers of such adjacent counties acting in joint session, ais the caise
may be, may when petitioned so to do by a majority of the voters
of each part of said town or village, annex oneipart of such town
or village to the adjacent school corporation which includes the
other part of -such town or village and the part so annexed shall
constitute a portion of such adjacent corporation.
Sec. (5C4. WHEN CIVIL TOWNSHIPS MAY CONSOLIDATE
INTO SCHOOL DISTRICT.— In any county not organized for
school purposes under the district 'system at the taking effect of
this code, if a civil township having less than fifteen persons of
school age residing therein, by reason of the irregular course of
natural boundary, contains less than twelve sections or square
miles of territory, it shall constitute a portion of the adjacent
school district with which it has the longest common boundary
line.
Sec. 005. SCHOOL DISTRICTS, HOW NAMED.— Ea'ch .school
corporation constituted or formed under the provisions of this
article, shall be designated a school district as distinguished from
a civil township 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 info a civil township, but
which has ibeen named by a distinctive name shall have such dis-
tinctive naime 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 Da-
kota," with its proper number inserted in the blank after the
word "number," and the proper name of the county inserted in
the blank before the word "county;" provided, that in each county
organized -for school purposes under the district' system at the
laking effect of this code, the several school districts shall retain
28 GENERAL SCHOOL LAWS,
and 'be known by the number which they have respectively at
the time of the taking effect of this code and any school district
hereafter formed in any such county shall be known by the num-
ber next higher than that of the highest pre-fexisting numbered
district.
Sec. 666. WHEN BOUNDARIES TO BE REARRANGED
AND ESTABLISHED AND HOW.— The county commissioners
and county superintendent of schools in each county, which at
the taking effect of this code is organized for school purposes
under the district system, shall meet on the first Monday in May,
A. D. 1896, at the place where the meetings of such commission-
ers are usually held and shall rearrange and establish the bound-
aries of the several school districts of the county unless the same
has already been done, as follows:
1. Each civil township in a county, no part of which is in-
cluded in a school district already organized, shall be formed
into a single school district.
2. Each congressional township in the county, no part of
which is included in a civil township nor in an organized school
district, if it contains twelve or mo>re persons of school age, shall
be formed into a single school district.
3. All territory in a county situated in a civil township, part
of which is organized into a 'School district or situated in a con-
gressional township not included in a civil township, and a por-
tion of wThich is organized into a school district shall be annexed
to and form a part of the OTganized school district lying wholly
or in ipart in such civil or congressional township.
4. Bach school district now organized which ha,s less than ten
persons of school age residing therein shall be annexed to and
form a part of such adjacent school district as shall be mo'st con-
venient for such persons of school age, when 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.
5. The boundary lines -of each school district which lies partly
within two or more civil townships shall be so changed that such
school district ishall lie wholly within one civil township, so far
as in the judgment of such commissioners and superintendent
such change can be made without detriment to the schools or to
the pupils therein.
6. Such commissioners and superintendent shall make such
changes generally in the boundary lines of the school districts of
the county, not in their judgment detrimental to the interests of
the schools of the county as will reduce the numfber of school
districts in the* county, and form school districts not extending
beyond the boundaries of the civil township.
STATE OF NORTH DAKOTA. 29
Sec. 667. BOUNDARIES, HOW CHANGED IN FUTURE.—
After the boundary lines of the several school districts in any of
the said counties are rearranged and established as provided for
in the last preceding section of this article, such boundary so
established may be changed by the county commissioners and
superintendent of schools of such county at any regular session
of such commissioners upon a petition for such change signed by
one-third of the voters residing in each district, whose bound-
aries will be affected by such change, if in the judgment of the
commissioners and superintendent such change is for the best
interests of the schools; provided, that 'by such change or changes
no new district shall be formed, nor shall the number of school
districts in the county be increased; provided further, that each
congressional township, not wholly or in part included in a civil
township, and no part of which is organized for school purposes,,
shall be formed into a school district as soon as -it shall have
residing therein twelve or more children of school a-ge.
Sec. 668. RIGHTS AND POWERS OF SCHOOL CORPORA-
TIONS.— Each school district constituted and formed as provided
in this article shall be a distinct corporation, and under its proper
name or number as such corporation, may sue and be sued, con-
tract and be contracted wyith, and may acquire, purchase, hold and
use personal or real property for school purposes or for the pur-
poses mentioned in this chapter and sell and dispose of the same.
Sec. 669. PLATS OF SCHOOL DISTRICTS TO BE FUR-
NISHED BY COUNTY AUDITOR.— The county auditor shall,
within thirty days after the first school election held as provided
herein, transmit to the state auditor, to the superintendent of
public instruction and to the county superintendent, a plat of the
county showing the boundaries and name of each school corpora-
tion therein, and shall record a copy of the same, together withr
all proceedings of the county board had and done under this
chapter in a proper book kept for that purpose. He shall
promptly furnish such officers with a correct plat showing any
changes at any time in the boundaries of school corporation*,.
The superintendent of public instruction shall furnish instruc-
tions for the suitable preparation and construction of such plats
in regard to scale and markings, in order to secure a uniform
series of maps for binding for office use.
Sec. 669a, LEGALIZING IRREGULARITIES.— All school
districts, whether duly and legally organized under the provisions
of statutes or not, wrhich for the eight years last past have had a
defacto organization, 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-
30 GENERAL SCHOOL LAWS,
ute, with the boundaries which they may have at the time of the
going into effect of this article, and all contracts or obligations of
said districts, and the acts of the officials thereof, are hereby
ratified and confirmed in so far as to give them the same validity
which they would have had if said districts had been legally
organized.
ARTICLE 4. — ELECTION OF SCHOOL OFFICERS.
Sec. 670. OFFICERS TO BE ELECTED.— On the third Tues-
day in June of each year there shall be elected one school director
for the tenm of three years and on the third 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
successors are elected and qualified. At the first election for the
organization 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
election, and one to serve until the third annual election there-
after and a school treasurer to serve until the annual election in
the next even numbered year and until his successor is elected
and qualified.
Sec. 671. POLLING PLACES, HOW ESTABLISHED. AP-
POINTMENT OF ELECTION OFFICERS.— The county superin-
tendent in each county shall, at least twenty 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 a*s 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 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 offi-
cers to be elected and term of each, which notices such vderk shall
post in three of the most public places in the district at least ten
days prior to such election. The county superintendent shall fix
the date and perform 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 thirtv days aifter the formation of such school* district.
STATE OF NORTH DAKOTA. 31
Sec. 672. WHO QUALIFIED TO VOTE OR HOLD OFFICE.—
At any election of school officers in any school corporation in
This state, all persons who are qualified electors under the gen-
eral laws of the state and all women twenty-one years of age
having the necessary qualifications as to citizenship and residence
required of male voters by law, slhall be qualified voters and shall
be eligible to the office of county .superintendent of schools,
school director or member of the board of education or school
treasurer, or may be judge or clerk of such election.
Sec. 073. HOURS POLLS OPEN.— At all elections for school
district officers, the polls shall be opened at two o'clock p. in.
and closed at five o'clock p. m.
Sec. 074. NOTICE OF ANNUAL ELECTION.— At least fifteen
days before the third 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 posited in at least three of the most 'public
and conspicuous 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 hold-
ing such election and the officers to be elected and their term of
office, and shall be substantially in the following form:
Notice is hereby given that on Tuesday the day of
June, A. I ) an election will be held at
(here insert polling place) for the purpose of electing
there 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 five o'clock P. M. of that day.
By order of school board,
Signed,
Clerk.
Sec. 075. JUDGES. 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 sol-
emnly 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 administered by any
32 GENERAL SCHOOL LAWS,
officer authorized to administer oaths or by either of the judges or
clerks. Any school officer elected and qualified under the pro-
visions of this chapter is authorized and empowered to adminis-
ter any oath or affirmation pertaining in any manner to school
offices.
Sec. 676. ELECTION, HOW CONDUCTED. CANVASS OF
VOTES. — 'Such election shall be conducted and the votes can-
vassed as provided by law of general elections, except as other-
wise 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 or treasurer shall be declared elected. If the election
results in a tie for any such office the district clerk shall immedi-
ately 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 decided in the
manner that may be agreed upon iby the parties, in the presence
of the judges and clerks of election, and a. record of the proceed-
ings shall be made in the records of the district clerk.
Sec. 677. CERTIFICATES OF ELECTION.— The clerk of the
school district shall within five days after such election furnish
each person elected to any district office a written notice of his
election, and that he shall 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.
Sec. 678. OATH OF OFFICE.— Each person elected to the
.office of school director or treasurer shall before entering upon
the duties of his office, take and subscribe the oath prescribed in
section 211 of the constitution, which oath shall be filed with the
clerk of the school district board.
ARTICLE 5. — ORGANIZATION, MEETINGS AND DUTIES OF DISTRICT
OFFICERS.
Sec. 679. 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.
Sec. 680. ORGANIZATION. CLERK.— The school board
shall meet annually on the second Tuesday in July and organize
by choosing one of the members president, and a competent per-
STATE OF NORTH DAKOTA. 33
&on, not a member of the board, clerk, who shall hold his office
during the pleasure of the board.
Sec. 681. (Amended.)— 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 transac-
tion of business at such hour and place as may be fixed by the
board. A special meeting may be held upon the call off the pres-
ident or of 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 meet-
ing which he fails to attend; provided, that the president, or such
person as he may appoint to represent the board, shall receive
ten cents a mile for the distance necessarily traveled in attending
general meetings of the presidents of school boards convened by
the county superintendent of schools, and also a salary of two
dollars; but the total sum of such salary and mileage shall not
exceed five dollars in attending any one meeting.
Sec. 682. (Amended.)— DUTIES OF THE PRESIDENT.— The
president shall preside at all meetings of the board and shall per-
form such duties as usually pertain to such office and in accord-
ance with the customary rules of order. In his absence a presi-
dent pro tempore shall preside. The president shall perform
such other duties as are prescribed in this chapter. It shall also
be the duty of the president to attend such general meetings of
the presidents of school boards as may be convened by the county
superintendent of schools. When the president cannot attend
such meetings personally he shaU appoint a member of the school
board or the school clerk or school treasurer to represent the
school board at such general meeting.
Sec. 683. 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
statements and perform all other duties required by laiw or by the
board. He shall receive such compensation as shall be fixed by
vhe 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 forty dollars in any one year.
Sec. 684. TREASURER'S BOND, HOW APPROVED. VA-
CANCY, HOW FILLED.— The school treasurer shall, on or before
1he second Tuesday in July following his election and before
entering upon his duties give a bond to the school district con-
ditioned for the honest and faithful discharge of his duties and
that he will render a true account of all funds and property that
34 GENERAL SCHOOL LAWS,
shall come into his hands and pay and deliver the same according
to law. Such bond shall be in saich 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 treasurer may present the same to the county superintend-
ent 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 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 a vacancy
occurs in the office of district treasurer, it shall be the duty of
the county treasurer of the county wherein isiuch school district
is located, upon being notified by the county superintendent or
clerk of such school district that such vacancy exists, to perform
the duties of treasurer gf such school district until the vacancy
is duly filled.
Sec. 685. WHEN ADDITIONAL BONDS REQUIRED.—
Whenever the amo-unt 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 superintend-
ent the security on such bond is impaired, the board or county
superintendent shall require an additional bond. If the treas-
urer fails for twenty days to give such additional bond the office
shall be declared vacant and the vacancy shall be filled as pro-
vided by this chapter.
Section 1. Chap. 187, Laws 1901. SURETY BONDS.—
That every person hereafter eleted to the office of district
school 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 thatt such bond 'shall be executed by some
(responsible fidelity or surety company authorized and quali-
fied to do businesis 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 given for a sum fixed by the board
of directors.
Sec. 2. Chap. 187, Laws 1891. PREMIUMS FOR
SURETY BOND. — The amount of premiums for such surety
or fidelity bond shall be audited by the board of directors
and paid out of the general fund of the district.
STATE OF NORTH DAKOTA. 35
Sec. 686. SCHOOL FUNDS, HOW PAID OUT.— The school
treasurer shall keep such accounts and make such reports as are
required of him by law and shall publish his annual statement in
a newspaper published in the nearest city or town to his district.
He shall pay no money out of the school 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 prop-
erly drawn and signed when presented, if there is any money in
his hands or subject to his order for their payment.
Sec. 687. WARRANTS TO BE INDORSED WHEN NO
-FUNDS TO PAY. — When a warrant is presented to the treasurer
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 war-
rant, he shall indorse on such warrant "'presented for payment
this. . . .day of , 190. .. and not paid for want of funds/'
and shall sign such indorsement. If he has in his hands or sub-
ject to his order money for the part payment of such warrant,
he shall make such part payment 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 in-
dorsed shall draw interest on the amount unpaid at eight per
cent per annum from the date of such presentation and indorse-
ment until paid; provided that when there shall come into the
hands of the treasurer or subject to his order money applicable
to the payment of any warrant which has been so presented and
registered, the treasurer 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 such warrant ten days after such notice shall have been
sent, and such money shall be held for the payment of such war-
rant.
Sec. 688. WARRANTS, WHAT TO SPECIFY.— Each war-
rant drawn by the clerk of 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 an indebtedness incurred prior to its
issue.
Sec. 689. 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 superintendent the fact of such oaths and bonds being
filed. (Said clerk shall file school treasurer's bond with county
auditor after such bond has been approved by the district school
board, as provided in this chapter. In case of the breach of any
36 GENERAL SCHOOL LAWS,
of the conditions of the treasurer's bond, the board, through its
president, and in case of his refusal so to do, the county superin-
tendent shall cause an action to be commenced and prosecuted
thereon in the corporate name of the district, and any money col-
lected for the district shall be paid to the district treasurer and
any money collected for fines shall be paid into the county treas-
ury 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.
AKTICLE 6. — POWERS AND DUTIES OF DISTRICT SCHOOL BOARDS.
Sec. 690. 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.
Sec. 691. 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.
Sec. 692. POWER TO ESTABLISH SCHOOLS.— It shall or-
ganize, maintain and conveniently locate schools for the education
of children of school age within the district, and change or dis-
continue any of them in the cases provided by law.
Sec. 693. REPAIRS, FUEL AND SUPPLIES.— It shall make
all necessary repairs to the school houses, outbuildings and ap-
purtenances, and shall furnish fuel and all necessary supplies for
the schools.
Sec. 694. FURNITURE, MAPS, REGISTERS, SCHOOL LI-
BRARY.— It shall furnish to each school all necessary and suit-
able furniture, maps, charts and apparatus, including Webster's
International Dictionary. The school registers and all school
blanks used shall be those furnished by the state department of
public instruction. It shall have power to purchase and keep
for the use of the inhabitants of the school district a circulating
library of the value of not more than fifty dollars, to be selected
by the school board from any list of books approved by the super-
intendent of public instruction, and furnished by the county
superintendents for that purpose, and it shall not purchase any
books not contained in such list. With the consent of a majority
of the voters of the district at a meeting duly called for that pur-
STATE OF NORTH DAKOTA. 37
pose, due notice of which has been given as provided by law for
other meetings of the voters of the school district, the district
school board may purchase and select a library of the value of
more than fifty dollars but not to exceed one hundred dollars in
value. It shall have the care and custody of the library and
may appoint as librarian any suitable person including one of
Their own number. It shall make rules to govern the circula-
tion and care of the books while in the hands of pupils or other
persons 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. No book shall be
loaned for a longer period than twTo weeks at any time to any one
person and never to any person not a resident of the district. The
library shall be open at least once each week for the accommoda-
tion of its patrons. It shall, under proper rules permit teachers
to take books from the library to their 'Schools for use in illustrat-
ing any subject and for instruction. It may at any time exchange
any part or all of its library with any other district or person, so
!ar as different books may be so obtained, for equal values of the
books exchanged, and 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.
Sec. 695. TEACHERS, HOW EMPLOYED. SALARIES,
HOW GRADED.— It shall employ the teachers of the school dis-
trict, and may dismiss a teacher at any time for plain violation
of contract, gross immorality or flagrant 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 schools. It shall grade the salaries of teachers for
rhe -district in accordance writh the grades of certificates, and no
teacher holding a certificate of a lowrer grade shall be paid a sal-
ary equal to or in excess of that paid to a teacher holding a cer-
lificate of a higher grade in the same district.
Sec. 696. PUPILS PROM 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 over-
crowding such schools, and shall make regulations for their ad-
mission and the payment of their tuition. It shall have the
power to arrange with the board of an adjacent district for send-
ing to such district such pupils as can conveniently be taught
therein, and for paying their tuition. . It shall have the power
38 GENERAL SCHOOL LAWS,
to admit to the schools in the district pupils residing in unorgan-
ized territory adjacent to the district, and shall arrange with the
parents or guardians of such pupils for paying their tuition; hut
in no instance shall a board refuse school privileges to or collect
tuition from pupils residing in such adjacent unorganized terri-
tory if the parents o»f such pupils are property holders in the dis-
trict 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.
Sec. 697. RULES. SUSPENSION OF PUPILS.— It shall as-
sist and co-operate with teachers in the government and discipline-
of the schools, and may make proper rules and regulations there-
for. It may suspend or expel from school any pupil who is in-
subordinate or habitually disobedient, tout such suspension shall
not be for a longer period than ten days nor »uch expulsion beyond
the end of the current term of school.
Sec. 698. 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.
Sec. 699. 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
lax so levied. It shall not have power to abate or reduce the
amount of tax so levied after the county auditor has been notified
of the amount of such levy.
Sec. 700. WHEN SCHOOL HOUSES CAN BE USED FOR
OTHER PURPOSES.— It may permit a school house, when not
occupied for school purposes, to be used under careful restric-
tions for any proper purpose, giving equal rights and privileges
to all religious denominations or political parties, but for any
such use or privilege it shall not be at any cost for fuel or other-
wise to the district. Nor shall any furniture which is fastened
to the floor be removed, and whoever removes any school furni-
ture for any other purpose than repairing the same or for repair-
ing 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.
STATE OF NORTH DAKOTA. 39
Sec. 701. SCHOOL HOUSES AND SITES, HOW DETER-
MINED.— 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 when-
ever petitioned so to do iby one-third of the voters in the district,
the board shall call a meeting 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, or the erection, removal or sale of a school house.
Said election shall be conducted and votes convassed 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 'by the clerk, '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
tell such site, or erect, remove or sell such school bo-use, as the
case may be, in accordance with such vote; provided, that 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.
Sec. 702. SCHOOL HOUSE SITES, HOW OBTAINED.— The
school board of any school district may take in the corporate
name thereof, any real property not exceeding two 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. Should
4he owner of such real property refuse or neglect to grant and
convey such site, a site for such school house may be obtained by
proceeding in eminent domain as provided in the code of civil
procedure. If the site so selected is not used for the purposes
tor which it is taken for two successive years, it shall revert to
the original owner or his assigns upon repayment of the sum
originally paid by the corporation together with a reasonable
consideration for the improvement. 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.
Sec. 703. 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 one4ialf miles from
The nearest school is presented to the board asking for the organ-
ization of a school for such children, the board snail organize
such school and employ a teacher therefor if a suitaible room for
40 GENERAL SCHOOL LAWS,
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 such petition is signed by the
persons charged with the support and having the custody and
care of twelve or more such children the board shall organize a
school and employ a teacher therefor, and if no suitable room for
such school can be leased or rented, the board shall call a meet-
ing of the voters of the district for the selection and purchase of
a school house site therefor and the purchase or erection of a
school house as provided for in section 701. If at such meeting
no isuch 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 seven hundred dollars for such
house and furniture therefor; provided, that the provisions of this
section shall not apply in instances where schools have been con-
solidated in accordance with the provisions of section 704.
Sec. 704. SCHOOL TERMS, HOW ARRANGED AND WHEN
1 aSCONTINUED. CONSOLIDATION OF COMMON SCHOOLS.
—The district hoard shall determine and nx 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 a,s to accommodate and furnish school privileges equally
and equitably to pupils of all ages; provided, that every common
school shall be kept in ses'sion for not less than four months in
each school year, and in every district in which the number of
persons of school age is an average of fifteen or more to the
school, each school shall 'be kept in session for not less than six
months in each school year; provided further, that any school may
be discontinued when the average attendance of pupils therein for
ton consecutive days shall be lesis than four, and all contracts be-
tween school Boards and teachers shall contain a provision that
no compensation shall be received by such teacher from the date
of such discontinuance, or when, with the consent of a majority of
Ihe patrons of such 'school, proper and convenient school facili-
ties can be provided for the pupils therein in some other school;
provided further, that a board may call, and if petitioned by a
majority of the voters in the district, shall call an election to de-
termine the question of consolidating two or more common
schools, and of selecting a site and erecting a suitable building
or of making suitable additions to buildings already erected, to
accommodate the pupils pf schools to be vacated. Said elections
shall be conducted both as to notices and as to manner of canvass-
ing the votes in the same manner as the annual school election.
If two-thirds of the votes cast at such election are in favor of
consolidating two or more schools and of providing a suitable
STATE OF NORTH DAKOTA.
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 general school. It
shall establish routes of travel, adopt rules and regulations for
such transportation and shall contract with responsible parties
lor such transportation.
Sec. 705. ADDITIONAL SCHOOL TIME.— If a majority of
the patrons of any school averaging for its last term twelve or
more pupils in daily attendance, shall (petition the board to con-
tinue such school for an additional time, not exceeding nine
months in any school year, the board shall continue such school
for that lengtli of time, if there are funds in the treasury sufficient
for that purpose.
Sec. TOG. DISTRICT HIGH SCHOOLS, HOW ESTABLISHED
AND CONTROLLED. — In any district containing four or more
common schools and having an enumeration of sixty or more
persons of school age residing 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 700 to determine the question of the establishment of
a district high school. If a majority of the voters at such meet-
ing vote in favor of establishing such high school, the meeting
shall further proceed to select a site therefor and to provide fof
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. Such school shall
be kept in session for such time each year not less than three
months, as the board may determine. The board shall, subject
to the approval of the county superintendent, grade such high
school and prescribe the studies to be pursued therein, and shall
have the same management and control thereof as of the common
schools in the district. Two or more adjacent school districts
may join in the establishment and maintenance of such high
school, when empowered 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 shall belong to the districts so uniting,
and all the costs of maintaining such school, including 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
42 GENERAL SCHOOL LAWS,
such districts, subject to the approval of the county superintend-
ent of the county in which such school is situated.
Sec. 707. SCHOOL CENSUS. ANNUAL SCHOOL RE-
PORT.— The (board shall cause the clerk to make an enumeration
each year of all unmarried persons of school age, being over six
and under twenty years of age. having their legal residence in the
district on the first day of June of that year, giving the names and
ages of such persons and the names of the parents or guardians
having the care and custody of each. iSuch 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 twentieth day of June. A copy of.
such enumeration shall also be kept in the office of the district
clerk. The board shall also cause the district clerk to make out
an annual report for the year beginning July first and ending
June thirtieth, containing such financial and statistical state-
ments and items as shall be required by the superintendent of
public instruction upon and in accordance with the blanks fur-
nished therefor by the county superintendent. Such repoTt shall
be carefully examined and certified as correct by the board at its
regular meeting in July and transmitted to the county superin-
tendent prior to the first day of August following. A copy of
such report shall be filed in the district clerk's1 office; provided,
that special school districts, independent districts and districts
organized for school purposes under special law, shall enumer-
ate their children of school age on the first day of December, or
within the next twenty days following, and such enumeration
shall be reported to the county superintendent by the clerk.
Sec. 708. RECORDS OPEN TO INSPECTION.— All reports,
books, records, vouchers, contracts and papers relating to school
business in a school district in the office of the clerk or trea.surer,
shall at all times be open to the inspection of any director, who
shall advise and aid in securing correct records and accounts and
legal reports, and they shall likewise be open to the superin-
tendent of public instruction, and county superintendent and any
particular paper or record shall be exhibited at reasonable hours
to any voter or taxpayer.
Sec. 709. 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 be-
longing to any district shall be expended in supporting a school in
which the English language shall not be taught exclusively, the
county superintendent or any tax payer of the school corporation
may in a civil action in the name of the corporation recover for
such corporation all such money from the officer so expending it
or ordering or voting for its expenditure.
STATE OF NORTH DAKOTA.
Section 1. Chap. 188, Laws 1901.— STABLES IX RURAL
DISTRICTS. — If in any rural school district, a petition
signed by the persons charged with the support and having
rthe custody and care of eight or more children of school age
is presented to the school board asking for the building of a
suitable staible upon the school site, the board shall provide
such staible without unnecessary delay.
Sec. 2. Chap. 188, Laws 1001.— HITCHING POSTS.— It
shall be the duty of the school 'board in rural districts to pro-
vide four substantial hitching posts for each school site in
the district.
ARTICLE 7. — SCHOOL FUNDS.
Sec. 710. 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 consti-
tute the state tuition fund, which shall be apportioned among
^iie 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.
Sec. 711. COUNTY TREASURER TO REPORT STATE TUI-
TION FUND QUARTERLY. SUPERINTENDENT OF PUBLIC
INSTRUCTION APPORTIONS.— It shall be the duty of the
county treasurer to receive from the proper officers the net pro-
ceeds of fines, penalties and forfeitures for violation of /state
laws, and all moneys arising from leasing 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. It shall be the
duty of the state auditor on or 'before the third Monday in Febru-
ary, May, August and November in each year to certify to the
superintendent of public instruction the amount of the state tui-
tion fund, and the superintendent of public instruction shall im:
mediately apportion such fund among the several counties of the
state in proportion to the number of children of school age re-
siding in each as ishown 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 superin-
tendent as herein provided, the state auditor shall draw a war-
44 GENERAL SCHOOL LAWS,
rant upon the 'State treasurer for the full amount of the state
tuition fund apportioned to the iseveral counties and shall de-
liver the same to the state treasurer, taking his receipt therefor,
and shall notify the several county treasurers of the amounts due
their respective counties and that such warrant has been issued
therefor and the state treasurer shall pay on snch warrant to the
several county treasurers the amount due their respective coun-
ties; provided, however, that all moneys arising from interest 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 cer-
tifying such apportionment, or through whose hands any portion
of Mich fund shall pass and it is further made the duty of the dis-
trict treasurer to keep such fund separate from all other funds
and if at the close of the school year any part of such fund which
was apportioned prior to the third Monday of November of such
year remains in the hands of the district treasurer, he shall re-
turn the same to the county treasurer, taking his receipt therefor,
and the county treasurer shall return all isuch funds so returned
or that were not drawn by the district treasurer from the county
treasury to the state treasurer who shall receipt for the same,
jmd the county treasurer shall certify to the state auditor the
amo'unt so returned to the state treasurer.
Sec. 712. FUNDS DEFINED. HOW USED.— All money re-
ceived by the school district from the apportionment made by
the superintendent of public instruction shall constitute and be
designated the state tuition fund. All money received from dis-
trict taxes, from subscription, from sale of property, or from any
other iSource whatever except from apportionment made by the
superintendent of public instruction, shall be designated the
special fund. In addition to the state tuition fund and the
special fund, a sinking fund may be established ais provided by
this article. The state tuition fund shall (be used only in the pay-
ment of teachers' wages; provided, that if the state tuition ap-
portioned to any district in any one year is insufficient for the
payment of teachers' wages in such district any money on hand or
available belonging to the special fund of such district may be
applied to meet such deficiency; provided, further, that if the state
tuition fund apportioned to any one 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 re-
quired may be applied to the payment of warrants drawn upon
the special fund of such district, if such district has school the
required number of months during such year as required by law.
Sec. 713. FUNDS CONTROLLED AND PAID OUT BY DIS-
TRICT TREASURER.— All funds shall be kept in the possession
STATE OF NORTH DAKOTA. 45,
or under the control of and paid out by the district treasurer.,
except as otherwise provided in this chapter, and he shall keep-
one general account for each district of the entire receipts and
expenditures, and separate 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 therefrom, so as to enalble any person read-
ily to ascertain any balance in account of any fund.
Sec. 714. NOT ENTITLED TO TUITION FUND, WHEN.
ENUMERATION.— No school district shall be entitled to re-
ceive any portion of the state tuition fund that fails to make a
report of the enumeration of children of school age in the manner
provided by law7, nor until such enumeration has been taken and
reported as required by law. The county superintendent of
schools shall not authorize the payment of money apportioned to
any district unless the bond and oath of such treasurer has been
duly approved and filed, as provided for by section 689. New-
districts organized 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 super-
intendent of public instruction through the county superin-
tendent, the newly organized district shall receive its propor-
tionate share of the funds to be apportioned.
Sec. 715. (Amended.)— APPORTIONMENT OF STATE TUI-
TION 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 pro-
vided for in section ~'2'2 of this chapter, the county superinten-
dent shall apportion separately to the several school districts,
special districts, independent districts, and districts organized
under special laws 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 years of age, excluding all married persons, as appears
from the last enumeration authorized by law upon which the
superintendent of public instruction made the apportionment to
the several counties, and he shall immediately notify each dis-
trict treasurer of the amount of tuition and all other school
moneys in the county treasury due each district; and shall certify
to the county treasurer and to the county auditor the amount
due each school district. The county treasurer shall deliver to
the several district treasurers upon the order of the county
auditor the amounts apportioned to their respective districts,
taking a receipt therefor.
46 GENERAL SCHOOL LAWS,
Sec. 710. SPECIAL AND INDEPENDENT DISTRICTS AND
DISTRICTS ORGANIZED UNDER SPECIAL LAWS ENTITLED
TO TUITION FUNDS.— Special and independent school districts
and districts organized under special laws shall 'be entitled to
receive their proportion of the state and special tuition funds;
provided, that the clerk or secretary of the board of education
thereof shall make a report to the county superintendent of the
-enumeration of children of school age therein at the time and in
the manner prescribed in this chapter.
Sec. 717. (Amended.)— TREASURER'S ACCOUNTS. AN-
NUAL SETTLEMENT.— The district treasurer shall open new
accounts 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 settle-
ment 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 the 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 treas-
urer shall deliver to the board at such annual meeting all war-
rants, bonds and coupons paid and redeemed by him during the
school year and held by him ais 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 an-
nual report in triplicate, one copy to be preserved in the treas-
urer'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 published an itemized statement
of the receipts and expenditures of the preceding year in a news-
paper of the county nearest said school district: provided, that
if said board or treasurer shall have failed to publish saiid state-
ment by the first of September following1 the presentation of the
treasurer's annual report, then it shall be the duty of the county
superintendent of schools to cause the publication 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 fol-
lowing:
RECEIPTS.
The balance at the close of the year.
The amo'iint received into the state tuition fund.
The amount received into the state special fund.
The amount received into the sinking fund.
SI ATE OF NORTH DAKOTA. 47
EXPENDITURES.
The amount paid for school houses, sites and furniture.
The amount paid for apparatus and fixtures.
The amount paid for teachers' wages.
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.
Sec. 718. 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 appor-
tioned to such district by the county superintendent/ and the
county auditor shall issue such order; provided, such district
treasurer has qualified and filed his oath a,nd bond as provided
by law. It shall be the duty of the county treasurer, when pay-
ment is made to any school treasurer of any funds herein pro-
vided for, immediately to notify the clerk of the school board of
the payment of the same.
Sec. 719. COUNTY TREASURER TO KEEP ACCOUNTS
WITH SCHOOL CORPORATIONS.— 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 dis-
trict school board and all sums apportioned to the district by the
county superintendent or other authority and all sums received
for 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 pay-
ments for redemption or indorsement 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 cred-
its, to balance the accounts, he shall add all items for legal fees,
for collection and other duties.
Sec. 720. SCHOOL TAXES, HOW AND WHEN COLLECTED.
It shall be the dutv of the countv treasurer to collect the taxes
48 GENERAL SCHOOL LAWS,
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 oc-
curs in any school corporation's tax list the district school board
or board of education in special or independent districts or dis-
tricts organized under special laws may correct such errors and
refund such taxes improperly collected. All penalties and
interest collected on delinquent school taxes shall be applied to
the proper fund to which such delinquent taxes belong.
ARTICLE 8. — TAXES.
Sec. 721. SCHOOL BOARD TO LEVY TAX.— Each district
school board shall have power and it shall be its duty to levy
upon all the property subject to taxation in the district a tax for
school purposes of all kinds authorized by law, not exceeding in
the aggregate 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
twentieth day O'f July in 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 amoiunt of tax so levied, and such notice shall 'be in sub-
stantially the folio-wing form:
State of North Dakota. )
County of > ss.
........ 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 190. .
District Clerk.
The notice of a tax 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 cer-
tify to the county auditor of the county in which is located the
STAT£ OF NORTH DAKOTA. 49
original district to which such portion of the district embraced
in the other county is attached in addition to the tax levy above
mentioned, a list and valuation otf 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 assessor's district, and the auditor shall enter such
property upon the tax duplicate of his county and levy all school
raxes upon the same, and the county treasurer of the county shall
collect the taxes levied thereon the same as other taxes are col-
lected and pay the same over to the treasurer of the district en-
titled thereto.
Sec. 722. TAX, HOW LEVIED, HOW APPORTIONED. AP-
PORTIONMENT OF DELINQUENT TAXES.— 1. The county
auditor of each county shall at the time of making the annual
assessment and levy of taxes levy a tax of one dollar on each
elector in the county for the support of common schools, and a
further tax of two mills on the dollar on all taxable property in
the county, to be collected at the same time and in the same man-
ner as other taxes are collected, which shall be apportioned by
the county superintendent of schools among the school districts
of the county.
2. It shall be the duty of the county auditor on or before the
third Monday in February, May, August and November in each
year, to certify to the county superintendent of schools the
amount of such county tuition fund, which the county superin-
tendent of schools shall apportion among the several school dis-
tricts in the same form and manner as provided for the appor-
tionment of the state tuition fund. The county superintendent
shall file with the county auditor and the county treasurer a cer-
tified statement showing the amount apportioned to each district.
3.. It shall also be the duty of the county auditor to certify at
"he time herein specified 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; and the county treasurer shall pay
such amounts to the district treasurers the same as other special
funds are paid.
Sec. 723. MAXIMUM LEVY FOR FINAL JUDOMENT.
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 payment 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
50 GENERAL SCHOOL I«AWS,
taxable property of the district, all such taxes for schools and
judgments he is so notified has 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
Sec. 724. STATEMENT OF ASSESSED VALUATION.— Each
assessor shall on or before the first day of July in each year fur-
nish to the clerk of the school district, to the county superintend-
ent of schools and to the county auditor a statement of the
assessed valuation of all the property in such corporation subject
to taxation.
Sec. 725. 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 failure of the county
superintendent to appoint a school board, been without a legal
school board or if hereafter any school district through such fail*
nre to elect or to appoint such school board shall be without such
legal school board and such district shall have an authorized in-
debtedness either in bonds, interest due on bonds or otherwise,
it shall be the duty of the county superintendent, the county treas-
urer and county auditor, acting a,s 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 thereof for the payment of the same.. Which
tax so levied shall be extended upon the tax lists by the county
auditor and be collected by the county treasurer as other taxes
are collected and shall be applied upon and used for the payment
of such indebtedness, and shall be paid to the creditors of such
district upon the warrant of the county auditor countersigned
by the county superintendent, and all warrants, bonds, interest
coupons, receipted bills or accounts shall be filed in the office of
the county auditor and in case 'such school corporation has a
bonded indebtedness, it shall be the duty of such board of adjust-
ers 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 sinkiag fund to be levied and provided
for in compliance with the requirements of such bonds.
STATE OF NORTH DAKOTA. 51
ARTICLE 9. — VACANCIES.
Sec. 726. VACANCY IX OFFICE SUPERINTENDENT PUB-
LIC INSTRUCTION FILLED P>Y APPOINTMENT.— Should a va-
cancy occur in the office of the superintendent of public instruc-
tion, the governor 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.
Sec. 727. VACANCY IN OFFICE OF COUNTY SUPERIN-
TENDENT.— Should a vacancy occur in the office of county super-
intendent of schools, the board of county commissioners of such
county shall have the power and it shall be their duty to fill such
vacancy by appointment, as provided by law, which appointment
shall be valid until the next general election. The county aud-
itor shall immediately notify the superintendent of public in-
struction of such appointment.
Sec. 728. VACANCY IN OFFICE OF DIRECTOR OR TREAS-
URER, HOW FILLED.— When any vacancy occurs in the office
of director or treasurer of a school district by death, resignation,
removal from the district, or otherwise, the fact of such vacancy
shall be immediately 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 super-
intendent shall at the same time notify the clerk of the school dis-
trict and the county auditor of every such appointment.
Sec. 729. VACANCY IN OFFICE OF CLERK, HOW FIILED.
—Should the office of clerk of a school district become vacant,
the school board shall immediately fill such vacancy by appoint-
ment and the president of the board shall immediately notify the
county superintendent and the county auditor of such appoint-
ment.
Sec. 730. OFFICE, WHEN DEEMED VACANT.— Any office
of a school district shall become vacant by resignation of the in-
cumbent thereof, but such resignation shall not take effect until
a successor 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 be-
ginning of the term for which he wT-as elected, to accept and qual-
ify for such office and serve therein. Any school officer may be
removed from office by a court of competent jurisdiction, as pro-
Tided by law.
52 GENERAL SCHOOL LAWS,
ARTICLE 10. — EQUALIZATION OF INDEBTEDNESS.
Sec. 731. EQUALIZATION OF INDEBTEDNESS BY ARBI-
TRATION.— After the boundaries of a school district have been
established, ais provided 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 rearranged, all districts affected by
such change shall effect an equalization of property, funds on
hand and debts. To effect this each school board of such corpo-
ration constituting a school district under the operation of this
chapter, shall select one arbitrator, and the several arbitrators
so selected, together with the county superintendent shall con-
stitute a board of arbitration to effect such equalization. If in
any case the number of arbitrators, including the county super-
intendent, shall be an even number, the county treasurer shall be
included and 'be a member of such board. The county superin-
tendent shall fix the time and place of such meeting.
Sec. 732. 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 chargeable
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.
Sec. 733. MAXIMUM ANNUAL TAX LEVY FOR SUCH
PURPOSES. — 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 cer-
tifying 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 a 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 manner
as other taxes are collected.
Sec. 734. PROCEEDS TO BE TURNED OVER TO THE RE-
SPECTIVE DISTRICTS.— Opposite the several descriptions of
STATE OF NORTH DAKOTA. 53
property on the tax list shall be entered the school district within
which it lies, and all the proceeds of these equalizing taxes shall
be collected and paid over to the treasurer of the proper school
district within which the property is situated. The proceeds of
taxes upon parts of districts lying outside of the districts as at
present constituted, with wrhich they were equalized, shall be
paid to the treasurer of the school district within which the prop-
erty is situated, the same as hereinbefore provided for regular
taxes.
See. 735. MAXIMUM TAX LEVY FOE ALL SCHOOL PUR-
POSES.— 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 equaliza-
tion, shall not exceed thirty mills on the dollar in any one year.
The provisions of this article shall apply to and govern all school
districts and parts of school districts hereafter divided or consol-
idated with each other, or with other districts in the division
uniting or apportionment of their debts and liabilities or prop-
erty and assets.
AETICLE 11. — EXAMINATIONS AND CERTIFICATES.
Sec. 736. (Amended.)— EXAMINATIONS FOR TEACHERS'
CERTIFICATES.— The superintendent of public instruction shall
prepare or cause to be prepared all questions for the examination
of applicants for teachers' certificates, both county and state, and
shall prescribe rules for the conduct of all such examinations.
He shall examine, mark, and file, or cause 1o be examined,
marked and filed, all answer papers submitted by candidates for
first, second and third grade county certificates, which answer
papers shall be forwarded by the county* superintendent immedi-
ately after the close of each examination to the superintendent
of public instruction. He may appoint such clerical assistants
as he may deem necessary, but the expenditures therefor shall not
exceed in the aggregate the sum annually collected from appli-
cants for county certificates for this purpose.
Sec. 737. PROFESSIONAL CERTIFICATE, WHO EN-
TITLED.— He may issue a state certificate to be valid for life, un-
less sooner revoked, to be known as a professional certificate.
Such certificate shall be issued only to those persons of good
moral character, who pass a tho,rough examination in all the
branches included in the courses of study prescribed for the com-
mon and high schools of the state, including methods of teaching
and such other branches as the superintendent of public instruc-
tion may direct. Such certificates shall in no case be granted
unless the applicant has had an experience as a teacher of at least
54 GENERAL SCHOOL LAWS,
five years, and can satisfy the superintendent of his ability to in-
struct and properly manage any high school of the state. Such
certificate shall be valid throughout the state, and the holder shall
be authorized to teach in any of the common or high schools of
the state without further examination; provided, that any person
who is a graduate of the normal course in the university of North
Dakota, or of the state normal schools off North Dakota, and has
had three years successful experience after graduation as a
teacher, may be granted such professional certificate without fur-
ther examination ; provided, further, that if the holder of a pro-
fessional certificate shall at any time cease to teach or to be en-
gaged in oher 'active educational work for the space of three
years, he shall he liable to a re-examination and to the cancella-
tion of his certificate, subject to such rules a,s may be prescribed
by such superintendent.
Sec. 738. NORMAL CERTIFICATE, WHO ENTITLED.— He
may issue a state certificate, to be valid for a term of five years,
unless sooner revoked, to be known as a normal certificate. Such
certificate shall be issued only to thoise persons of good moral
character, who have completed the prescribed course of study in
one oif the normial schools of the state, or in a normal school else-
where having an established reputation for thoroughness, but the
superintendent of public instruction may examine any such appli-
cant in his discretion. Such certificate shall not be granted un-
less the applicant shall have taught school successfully for at
least two years. Such certificate .shall be valid throughout the
state, and the holder shall be authorized to teach in any of the
public schools of the state; provided, that any person who is a
graduate of the normal course in the university of North Dakota,
or of the state normal schools of North Dakota, and who has had
one year's successful experience after graduation as a teacher,
may toe granted such normal certificate without further examina-
tion; provided, further, that a diploma from either of the normal
schools, or the normal department in the university of North Da-
kota, shall for the period of two years after date of issue, be the
equivalent of a first grade certificate in any county in this state,
if the party holding such diploma hais the required age speci-
fied in section 742.
Sec. 739. FEE FOR CERTIFICATE. CERTIFICATE, HOW
REVOKED. — The superintendent shall require a fee of five dol-
lars from each applicant for a professional or normal certificate,
which fee shall be used by him to aid in the establishment and
maintenance of teachers' reading circles in the state. He shall
revoke at any time any certificate issued in the state, for any
cause which would have been sufficient ground for refusing to
STATE OF NORTH DAKOTA. 55
issue the same had the cause existed or been known at the time
it was issued.
Sec. 740. (Amended.)— EXAMINATION OF TEACHERS BY
COUNTY SUPERINTENDENT.-— The county superintendent
shall hold a public examination of all persons over eighteen years
of age offering themselves as candidates for teachers of common
schools at the most suitable place in the county, on the second
Friday in March, and on the last Friday in May, August and
October of each year, and when necessary, such examination
may be continued on the following day, at which time he shall
examine theon by a series of written or printed questions, accord-
ing to the rules prescribed by the superintendent of public in-
struction. The county superintendent shall forward all answer
papers submitted by candidates for county certificates, designat-
ing each toy number instead of name, immediately after tli3 close
of the examination to the superintendent of public instruction far
examination, marking, filing and recording. The superintendent
of public instruction shall transmit, within thirty days from the
date of said examination, a record of the 'Standings of each appli-
cant to the county superintendent who shall then grant to the
applicant a certificate 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; provided, the county superintendent has sufficient evi-
dence that the candidate is a person of good moral character, has
had successful experience, if any, and possesses an aptness to
teach and govern.
Sec. 741. (Amended.)— TEACHERS' GRADES, HOW ESTAB-
LISHED. RE-EXAMINATION, WHEN ALLOWED.— County
certificates shall be of three regular grades, the first grade for a
term of three years, the second grade for a term of twT0 years,
and the third grade for one year, according to the ratio of correct
answers of each applicant and other evidence of qualification
appearing from the examination. No certificate shall be granted
unless the applicant shall be found proficient in and qualified to
teach the following branches of a common English education:
Reading, writing, orthography, language lessons and English
grammar, geography, United States history, arithmetic, civil
government, physiology and hygiene, and can pass a satisfactory
examination in physical culture and theory and practice of
teaching. In addition to the above, applicant for a first grade
certificate shall pass a satisfactory examination in physical
geography, elements of natural philosophy, elements of psycho-
logy, elementary geometry and algelbra. The percentage re-
quired to pass any branch shall 'be prescribed by the superin
56 GENERAL SCHOOL LAWS,
tendent of public instruction. In addition to the regular grades
of cehtificaites, drawing, vocal music, and kindergarten certifi-
cates, entitling holder® thereof to teach such subjects only, shall
be issued when conditions so require, each for a term of three
years, under such regulations as the superintendent of public
instructions shall prescribe. The county superintendent may
grant permission to teach until the results of the next regular
extmination are received from the superintendent of public in-
struction to any person applying ait any other time than at a
regular examination, wrho can show satisfactory reasons for fail-
ing to attend such examination, and satisfactory evidence of
qualification, subject to such rules and regulations as may be
prescribed 'by the superintendent of public instruction. Such
permit shall not be granted more than once in any county to the
same person. The written answers of all candidates for county
certificates, aifter being duly examined by the superintendent of
ipufblic instruction, shall be kept by him for the -space of six
months after such examination, and any candidate thinking an
injustice has been done him, may by paying a fee o>f two dollars
into the institute fund of the county and notifying both the
county superintendent and the superintendent of public instruc-
tion of the isame, have hie papers reviewed by the superintendent
of public instruction in person, and, if such answers warrant it,
he shall instruct the county superintendent to issue such candi-
datea county certificate of the proper grade, and the county
superintendent shall carry out such instructions.
Sec. 742. (Amended.)— QUALIFICATIONS OF TEACHERS.
CONTRACTS, WHEN VOID.— No certificate or permit to teach
shall be issued to any person under eighteen years of age. and no
first grade certificate shall be issued to any person who is under
twenty years of age, and who has not taught successfully twelve
school months; and no person shall be allowed to teach more
than fifteen 'school months on third grade certificates. First and
second grade certificates may ibe renewed without examination
under such requirements as shall be imposed by the superinten-
dent of public instruction for the pursuance and completion of
reading circle work. The certificate issued by a county super-
intendent shall be valid only in the county where issued;
provided, that a county superintendent shall indorse for the full
period for which they are valid when presented to Mm for in-
dorsement, first and second grade certificates, and drawing,
rnuisic and kindergarten certificates issued by any other county
superintendent in the state, unless a valid reason exists for with-
holding such indorsement. Such certificates, when properly in-
dorsed, shall 'be valid in the county over which the county super-
intendent who indorsed them has jurisdiction. A fee of one dol-
STATE OF NORTH DAKOTA. 57
iar jshall be paid into the institute fund of the county for each
renewal or indorsement, as provided in the case of examination.
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 no-t the holder of
a lawful certificate of qualification or permit to teach, and no
teacher's certificate issued by the superintendent of public in-
.struction, nor a teacher's diploma granted by any institution of
learning in this state, shall entitle a person to teach in such pub-
lic schools of any county, unless such certificate or diploma shall
have been recorded in the office of the county superintendent;
provided, further, that no certificate or permit to teach in the
schools of the istate shall be granted to any person not a citizen
of the United States, unless such person has resided in the United
States for one year last prior to the time of siuch application for
certificate or permit. Any contract made in violation of this
section shall be void.
Sec. 743. (Amended.)— FEES FOE CERTIFICATE,— Each ap-
plicant foir a county certificate shall pay two dollars to the county
'superintendent, one dollar of which shall 'be paid into the county
teachers' institute fund to be used in support of teachers' insti-
tutes or the teachers' training schools in the county, as otherwise
provided, and one dollar of said fee shall be used by the superin-
tendent of public instruction for such clerical assistance as he
may deem necessary and competent for the reading of teachers'
answer papers and work connected therewith. It shall be the
duty of the county superintendent, immediately after each exam-
ination, to forward one dollar for each applicant for teacher's cer-
tificate to the superintendent of public instruction, such sums to
be used by him ais hereinbefore pro'vided.
Sec. 744. CERTIFICATES, WHEN REVOCABLE.— The
•county superintendent is authorized and required to revoke and
annul at any time a certificate granted by him or his predecessor
for any cause which wo<uld have authorized or required him to
refuse to grant it if known at the time it was granted, and for
incompetency, immorality, intemperance, cruelty, crime against
the law of the state, refusal to perform his duty, or general ne-
glect of the business of the school. The revocation of the certifi-
cate shall terminate the employment of such teacher in the school
where he may be at the time employed, but such teacher must be
paid up to the time of receiving notice of such revocation. The
superintendent must immediately notify the clerk of the school
district where such teacher is employed and he may notify the
teacher through the clerk of such revocation, and must enter his
action in such case in the books of record in his office.
58 GENERAL SCHOOL LAWS,
Sec. 745. PROCEEDINGS TO REVOKE. TEACHERS AL-
LOWED DEFENSE. — In proceedings to revoke a certificate the
oounty superintendent may act upon his 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 miake a defense at such time and place as may be stated in
such notice. Upon his own knowledge the superintendent may
act immediately without notice, after an opportunity has been;
afforded such teacher for personal explanation. When any certifi-
cate is revoked the teacher shall return it to the' superintendent,
but if such teacher refuses or neglects so to do the superintendent
may issue notice of such revocation by publication in some news-
paper printed in the county.
ARTICLE 12. — DUTIES OF TEACHERS.
Sec. 746. GIVE NOTICE OF OPENING AND CLOSING
SCHOOL. — Each teacher on commencing a term of school shall
give written notice to the county superintendent of the time and
place of beginning such school and the time when it will proba-
bly close. If such school is to be suspended for one week or
more in such term, the teacher shall notify the county superin-
tendent of such suspension.
Sec. 747. WHEN TEACHER NOT ENTITLED TO COMPEN-
SATION.— No teacher shall be entitled to or receive any com-
pensation for the time he teaches in any public school without a
certificate 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.
Sec. 748. TEACHER'S REGISTER, WTHAT TO CONTAIN.—
Each teacher shall keep a school register, and at the close of each
term make a report, containing the number of visits o-f the county
superintendent, 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, same to be filed with him. No teacher shall
be paid the last month's wages in any term until such report shall
Lave been approved by the county superintendent and one copy
returned to the district clerk.
Sec. 749. SCHOOL YEAR AND SCHOOL WEEK DEFINED.
HOLIDAYS. — The school year shall begin on the first day of July
STATE OF NORTH DAKOTA. 59,
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 nor on any Saturday.
A legal holiday in term time falling upon a day which otherwise
would be a school day shall be counted and the teacher shall be
paid therefor, 'but no teacher shall ibe paid for Saturday, nor be
permitted to teach on Saturday, to make up for the lo'ss of a day
in the term.
Sec.750. BRANCHES TO BE TAUGHT IN ALL SCHOOLS.—
Each teacher in the common schools shall teach pupils when they
are sufficiently advanced to pursue the same the following
branches: Orthography, reading, spelling, writing, arithmetic,
language lessons, English grammar, geography, United States
history, civil government, physiology and hygiene, giving special
instruction concerning the nature of alcoholic drinks, stimulants
.and narcotics, and their effect upon the human system; physiol-
ogy and hygiene and the nature of alcoholic drinks, stimulants
and narcotics, and their effect upon the human system shall be
taught a,s thoroughly as any branch is taught by the use of a text
book to all pupils able to use a text book who have not thoroughly
studied that branch and orally to all other pupils. When such
oral instruction is given as herein required, a sufficient time, not
less than fifteen minutes, shall 'be given to such oral instruction
for at least four days in each school week. Each teacher in spe-
cial school districts and in cities organized for school purposes
under special law shall conform to and be governed by the provis-
ions of this section.
Sec. 751. TEACHERS' INSTITUTES AND TEACHERS'
TRAINING SCHOOLS, HOW NOTICED. 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 all others not then engaged in
teaching, who are holders of teachers' certificates, at least ten
days before the opening of such institute or teachers' training
school of the time and place of holding it. Each teacher receiv-
ing such notice, engaged in teaching a term of school which in-
cludes wrholly or in part the time of holding such institute or
teachers' training school, shall clo.se school and attend the same-
and shall be paid by the school board of the district his regular
wages as teacher for the time he attended such institute or teach-
ers' training school, as certified by the county superintendent,
but no teacher ,shall receive pay unless he has attended four con-
secutive days' nor shall any teacher receive pay for more than
five days. The county superintendent may revoke the certificate
60 GENERAL SCHOOL LAWS,
of any teacher in Ms county for inexcusable neglect or refusal,
after due notice, to attend a teachers' institute or teachers' train-
ing 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.
Sec. 752. PUPIL MAY BE SUSPENDED FOR CAUSE.— A
teacher may suspend from school for not more than five days any
pupil for insubordination or habitual disdbedience, or disorderly
conduct. In such case the teacher shall give immediate notice
to the parent or guardian of such pupil, also to some member of
the district school board of such suspension and the reason
therefor.
Sec. 753. 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
any studies subject to the provisions in section 750; provided,
that in a 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 is dissatisfied with
such assignment or classification, the matter shall toe referred to
and decided by the county superintendent.
Sec. 754. BIBLE NOT SECTARIAN BOOK, READING OP-
TIONAL WITH PUPIL.— The Bible shall not be deemed a sec-
tarian book. It shall not be excluded from any public school.
It may at the option of the teacher be read in school without sec-
tarian comment, not to exceed ten minutes daily. No pupil shall
be required to read it nor be present in the school room during
the reading thereof contrary to the wishes of his parents or
.guardian or other person having him in charge. Moral instruc-
tion tending to impress upon the minds of pupils the importance
of truthfulness, temperance, purity, public spirit, patriotism, and
respect for honest labor, obedience to parents and due deference
for old age, shall be given by each teacher in the public schools.
Sec. 754a. PHYSICAL EDUCATION.— Physical education,
which isihall 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
STATE OF NORTH DAKOTA.
schools and institutions under their respective jurisdiction, and
to adopt such method or methods as will adapt progressive phys-
ical exercise to the development, health and discipline of the
pupils in the various grades and classes of schools and institu-
tions receiving aid from the state.
ARTICLE 13. — INSTITUTES, ASSOCIATIONS AND HEADING CIRCLE.
Sec. 755. TEACHERS' COUNTY INSTITUTE FUND.— All
money received 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, to be held within or for the county and to pay necessary
expenses incurred therein. The county superintendent shall pre-
sent an itemized statement, duly verified, to the count}' auditor
for the amount of all such necessary expenses and the auditor
shall issue a warrant therefor as provided by law. The county
superintendent shall, at the end of each year, submit a full and
accurate statement of the receipts and expenditures of these
funds, under oath, to the superintendent of public instruction.
Sec. 756. APPROPRIATION FOR INSTITUTE FUND. DES-
IGNATION OF CONDUCTORS.— There is hereby appropriated
out of any funds in the state treasury, not otherwise appropri-
ated, the sum of fifty dollars each year to each organized county
in the state in which there are ten or more resident teachers,.
which shall be designated as the state institute fund and which
shall be used exclusively in employing persons of learning, abil-
ity and experience as conductors of teachers' institutes, and the
further sum of ten cents a mile for the distance actually and nec-
essarily traveled by a lecturer for such, institute. The superin-
tendent of public instruction after consultation with the county
superintendents as to the special needs and wants of their respec-
tive counties, shall apipoint the time, place and duration of these
institutes and shall designate the persons to act as conductors
of and lecturers at such institutes, as in his judgment the needs
of the various counties demand.
Sec. 757. INSTITUTE FUNDS, HOW PAID OUT.— It shall be
the duty of the county superintendent in all cases to consult with-
the superintendent of public instruction in reference to the man-
agement of such institute or teachers' training school, and he
shall carry out the suggestions of such superintendent as to the
modes of instruction. No salary shall be paid to any conductor
or instructor not previously appointed or employed as herein pro-
vided. The money hereby appropriated from the state treasury
for the support of teachers' institutes or teachers' training schools
,62 GENERAL SCHOOL LAWS,
shall be paid to the persons to whom it is due by warrant of the
state auditor upon the state treasurer, which shall ibe issued upon
the presentation of an account in due form receipted by the per-
son to whom due and approved by the superintendent of public
instruction; provided, that no county shall receive more than ten
dollars from such appropriation for the ipaynient of conductor's
salary for each day its institute is in session; provided, that the
state and county institute funds specified by sections 75(> and 755,
and the appropriation specified 'by section 758 of one or more
counties may be applied to the suipport of a teachers' training-
school for such county or counties at the request of the county
superintendent for such county or counties, with the consent and
under the direction of the superintendent of public instruction;
provided, further, that in any county where a teachers' training
school of not less than three weeks' duration is held, the con-
ductor of such training school shall file a certified statement with
the county auditor ispecifying time and place of such teachers'
training school, and also certifying the total number of schools
in said county as reckoned in determining the county superin-
tendent's salary. The county auditor shall file a copy of said
statement with the county treasurer who shall, thereupon, trans-
fer from the county general revenue fund to the county institute
fund, the sum of two dollars for each school in the county, as per
certified statement filed with the county auditor.
Sec. 758. COUNTY COMMISSIONERS MAY AD.) INSTI-
TUTES.— The money assigned for any particular institute may
be added to any fund furnished for the purpose by any county,
and the institute extended as long as the entire fund will allow.
If a sufficient county fund is not otherwise 'provided, the board
of county commissioners may appropriate not more than fifty dol-
lars in any county each year in aid of institutes. The superin-
tendent of pulblic instruction may require a statement of the
amount of funds the county has on hand for this purpose at any
time.
ARTICLE 14. — COMPULSORY EDUCATION.
Sec. 759. SCHOOL AGE. WHO EXEMPT FROM COMPUL-
SORY ATTEND ANCE.— Every parent, guardian or other person
having control of any child 'between eight and fourteen years of
age, shall ibe required to send such child to a public school in the
district, city or village in which he resides at leaist twelve weeks
in each school year, six weeks of which shall be consecutive; and
every parent, guardian or other person, having control of any
deaf child or youth between seven and twenty-one years of age,,
shall be required to send such child to the school for the deaf at
STATE OF NORTH DAKOTA. 63
the city of Devils Lake, for at least eight months in each school
year; provided, that such parent, guardian or other person having
control of any child shall be excused from such duty by the
so hool board of the district or the board o-f education of the city
or village, whenever it shall be shown to their satisfaction, sub-
ject to appeal as provided by law, that one of the following rea-
sons therefor exists :
1. That such child is taught for the same length of time in a
private school, approved toy such board; but no school shall be
approved by such board unless the branches usually taught in
the public schools are taught in such school.
2. That such child has already acquired the branches of learn-
ing taught in the public schools.
3. That such child is in such a physical or mental condition
(as declared by the county 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
attendance will not be enforced but this provision shall not apply
to deaf children in the state. The common schools provided for
in this chapter shall 'be at all times equally free, open and access-
ible to all children over six and under twenty years of age, resi-
dents of the school districts where they are held, or entitled to
attend school under any special provisions of this chapter, sub-
ject to the regulations herein made and to such regulations as the
several school boards and boards of education may prescribe
equitably and justly and not in conflict with the provisions of
law.
Sec. 700. PENALTY. — Any such parent, guardian or other
person failing to comply with the requirements of the foregoing
section, shall upon conviction thereof be deemed guilty of a mis-
demeanor, and shall be fined in a sum not less than five
aor 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.
Sec. 701. PROSECUTION FOR NEGLECTING THIS DUTY.
—It shall be the duty of the president of the board oif education
of any city, town or village, or the president of the school board
of any district, to inquire into all caises of neglect of the duty pre-
scribed in this article and ascertain from the person neglecting
to perform such duty, the reason therefor, if any, and shall forth-
with proceed to secure the prosecution of any offense occurring
under this article, and any such president neglecting to secure
such prosecution for such offense within fifteen days after a writ-
ten notice has been served by any taxpayer in such city, town,
GENERAL SCHOOL LAWS,
village or district, or by the county superintendent in such
county, unless such person >so complained of shall be excused by
the board of education or school board for one of the reasons.
hereinbefore stated, he shall be deemed guilty of a misdemeanor.
and upon conviction shall be fined in a sum not less than five nor
more than twenty dollars.
Sec. 762. CHILD LABOR PROHIBITED DURING SCHOOL
HOURS. — No child between eight and fourteen years of age
shall be employed in any mine, factory or workshop or mercan-
tile establishment, or, except by his parents or guardian, in any
other manner, during the hours when the public schools in the
city, village or district are in session, unless the person employ-
ing him shall first procure a certificate from the superintendent
of schools of the city or village, if one is employed, otherwise
from the clerk of the school board or board of education, stating
that such child has attended school . for the period of twelve
weeks during the year, as required by law, or has been excused
from attendance a;s provided in 'Section 759; and it shall be the
duty of such superintendent or clerk to furnish such certificate
upon application of the parent, guardian or other persons having
control of such child, entitled to the same.
Sec. 763. PENALTY FOR VIOLATION.— Each owner, super-
intendent or overseer of any mine, factory, workshop or mercan-
tile establishment, and any other person who shall employ any
child between eight and fourteen years of age contrary to the
provisions of this article, is guilty of a misdemeanor, and- upon
conviction thereof shall be fined for each offense in a sum not less
than twenty nor more than fifty dollars and costs. P^ach per-
son authorized to sign a certificate as prescribed in the preceding
section, who certifies to any materially false statement therein.
shall be fined not less than twenty nor more than fifty dollars
and costs.
Sec. 764. PROSECUTIONS, HOW BROUGHT.— Prosecutions
under this article shall be brought in the name of the state of
North Dakota before any co'urt of competent jurisdiction, and the
fines collected shall be paid over to the county treasurer and by
him credited to the general school fund of the state.
ARTICLE 15.— FINES, FORFEITURES AND PENALTIES.
Sec. 765. PENALTY FOR NEGLECT OF DUTY BY SCHOOL
DIRECTOR, TREASURER OR CLERK.— Each person duly
elected to the office of director, treasurer or clerk of any district,
who, having entered upon the duties of his office, shall neglect or
refuse to perform any duties required of him by the provisions of
STATE OF NORTH DAKOTA. 65
this chapter shall upon conviction be fined in the sum of ten dol-
lars, and his office shall be deemed vacant.
Sec. 766. PENALTY FOE FALSE ELECTION RETURNS.-—
Any judge or clerk of election, school district clerk or county
auditor who willfully violates the provisions of this chapter in
relation to elections or who willfully makes a false return shall
upon conviction be deemed guilty of a felony.
Sec. 767. 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 such supplies as are in
daily use, but not including furniture, or the expenditure of funds
appropriated by the state, county, school corporation or other-
\\ise for any school purpoise connected with his office. Any vio-
lation of this section shall be a misdemeanor.
Sec. 768. PENALTY FOR UNLAWFUL DRAWING OF
SCHOOL MONEY. — Any person who draws money from the
county treasury, who is not at the time a duly qualified treasurer
of the school corporation for which he draws the money and
authorized to act as such, shall be guilty of a misdemeanor and
shall upon conviction thereof be punished by a fine of not less
than twenty-five dollars.
Sec. 769. USE OF SCHOOL FUNDS. WHEN EMBEZZLE-
MENT.— Each treasurer who shall loan any portion of the money
in his hands belonging to any school district, whether for consid-
eration 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
expended by him or them; but all public funds shall be paid out
only by the proper treasurer as hereinbefore provided.
Sec. 770. ACTION TO RECOVER MONEY WHEN TREAS-
URER FAILS TO PAY OVER. — IJf any person shall refuse or
neglect to pay over any money in his hands a,s treasurer of a
school district to his successor in office his successor must, with-
out delay, bring action upon the official bond of such treasurer
for the recovery of such money.
Sec. 771. PENALTY, WHEN INDORSEMENT OF UNl'YID
WARRANTS IS NOT MADE.— Any violation by a district treas-
urer of the provisions of this chapter requiring indorsement of
warrants not paid for want of funds, and the pay men r thereof in
the order of presentation and indorsement, is a misdemeanor pun-
ishable by a fine not exceeding one hundred dollars.
66 GENERAL SCHOOL LAWS,
Sec. 772. PENALTY FOE FALSE REPORTS.— Each clerk or
treasurer of a district who willfully signs or transmits a false
report to the county superintendent or willfully 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 pun-
ished by a fine not exceeding fifty dollars or by iinprisonirnent in
the county jail not exceeding fifteen days.
Sec. 773. PENALTY FOR WILLFUL DISTURBANCE OF
PUBLIC SCHOOL. — Each person, whether pupil or not, who will-
fully molests 01? disturbs a public >school when in session or who
willfully interferes with or interrupts the proper order or man-
agement 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
ihe school or school children upbraid, insult or threaten the
teacher shall >uipon conviction thereof be punished by a fine noit
exceeding twenty-five dollars or by imprisonment in the county
jail for a period not exceeding ten days, or by both.
Sec. 774. PROPOSALS FOR CONTRACTS.— No contract, ex-
cept for teachers' or janitors' wageis, 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 therein, when the amount exceeds one hundred
dollars, shall be let until proposals are advertised for, and after
such advertisement, only to the lowest responsible bidder. Any
violation of this section shall be a misdemeanor.
ARTICLE 16. — BONDS.
Sec. 775. (Amended.) SCHOOL BONDS, HOW ISSUED.—
Whenever a duly constituted school district, including independ-
ent school districts, in any organized 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 dis-
trict present att 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 locarte the same, or to fund
any outstanding indebtedness, or for the purpose of taking up any
outstanding bonds, the district school board may lawfully issue
su en' bonds in accordance with the provisions of this article.
Sec. 776. NOTICE OF ELECTION TO VOTE BONDS.— Before
the question of issuing bonds shall be 'submitted to a vote of the
school district, notices shall be posted in at least three public and
conspicuous places in such district, stating the time and place
STATE OF NORTH DAKOTA. 67
of such meeting, the amount of bonds proposed to be issued and
the time in which they shall be made payable. vSuch notices
shall 'be posted at least twenty days before the meeting, and the
voting shall be done by means of written or printed ballots, and
-all ballots deposited in favor of issuing bonds shall have thereon
the words "for issuing bonds," and those opposed thereto shall
have thereon the words "against issuing bonds," and if a majority
of all the votes cast shall 'be in favor of issuing bonds the school
board, through' its proper officers shall forthwith 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 ques-
tion of issuing bonds shall not be submitted to a vote of the dis-
trict and no meeting shall be called for that purpose until the dis-
trict school board shall have been petitioned in writing by at
least one-third of the voters of the district.
Sec. 777. (Amended.) BONDS, DENOMINATION OF. IN-
TEREST. LIMIT OF ISSUE.— The denomination of the bonds
-which may be issued under the provisions of this article shall be
fifty dollars or some multiple of fifty, not exceeding five hundred
dollars, and shall bear interest at the rate of not exceeding seven
per cent iper annum, payable, semi-annually on the first day of
January and July in each year, in accordance with interest cou-
pons which shall be attached to such bonds; and no greater
amount than one thousand dollars can be issued for any one
school house except in districts, towns and villages of more than
two hundred inhabitants, and in such districts the amount, in-
cluding all other indebtedness, shall not exceed five per cent of its
assessed valuation, and may be made payable in not less than ten,
nor more than twenty years from their date.
Sec. 778. 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 16 od:
chapter 9 of the political code of North Dakota of 1899." Imme-
diately after the issuing of school bonds pursuant to this chapter
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 district rela-
tive to the issuing of such bonds and also a statement of the
amount o<f the indebtedness of such school district; and before
.any od the bonds are disposed of they shall be presented to the
68 GENERAL SCHOOL LAWS,
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 issu-
ing such bonds as the same are filed with him as hereinbefore di-
rected, 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
ibeen and that the bonds in question have been legally issued, he
shall in book kept for such purpose preserve a register of each
(bond showing in separate columns the name of the school dis-
trict issuing the bonds, the number of such bonds, the denomina-
tion 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 „. )
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. 190. ., to issue bonds to the amount of
doillans, and is a, legal and valid debt of such school
district; that such bonds are duly registered in this office and
that such ischool district is legally organized amd the signatures
affixed to such bonds are the genuine signatures of the proper
officers of >such school district.
The blanks shall be filled according to the facts and the certi-
ficate 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 issued1 and the
date when the same 'will become due.
Sec. 779. SINKING FUND AND INTEREST TAX.— In addi-
tion to the amount that may already be assessed under existing
laws, there shall be levied upon the taxable, property of the
school district iso issuing bonds at or before their issuance, and
collected as other taxes are collected, a sum sufficient, not exceed-
ing five mills on the dollar of assessed valuation of such districts,
to . pay interest upon such bonded indebtedness, and after five
years in like manner a further tax not exceeding two mills on the
dollar for a sinking fund to be used in payment of such bonds-
STATE OF NORTH DAKOTA. 69
when they become due and 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 dis-
trict 'board may designate one or more national or state banks
in its county for a depository 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
responsibility of all banks proposing to act ais depositories.
Before any bank shall be designated ais such depositor}7, 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 pay-
able to the sdhool 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 the county as
* u "(-ties, such bond to be in the sum required by the school board,
but in no ease 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 conmty
auditor, and any bank whose bond shall have been so approved
shall thereupon be designated by the school board as a depository
for the sinking fund, and shall continue as such, until such time
as the board shall readvertise for bids as aforesaid, or until such
funds are needed for the payment or purchase of 'bonds as pro-
Tided in this section. When the sinking fund of any school dis-
trict is deposited by the school treasurer in the name of the
school district in such depository, 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 depository shall furnish 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 depository for the year end-
ing June thirtieth, which statement shall show a credit to such
deposit account of all sums of interest accruing on the sinking
fund deposited.
Sec. 780. BONDS, HOW NEGOTIATED.— When any bonds
shall ibe issued under the provisions of this article, the school
district treasurer shall have authority to negotiate and sell such
bonds for not less than par, and the said school district treasurer
shall apply the proceeds arising from the sale of such bonds only
70 GENERAL SCHOOL LAWS,
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, or for the pur-
pose o/f taking up any outstanding bonds, as provided by section.
775 of this a/rticle.
Sec. 781. COUNTY AUDITOR MAY LEVY TAX TO PAY
BONDS, WHEN. — When any school board neglects or refuses to
levy a tax in accordance 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.
Sec. 782. CANCELED BONDS, RECORD OF.— When the
bonds of any school district shall have been paid by the school
board they shall be canceled by writing or printing in red ink
the words "canceled and paid" across each bond and couipon, and
the date of payment and amount paid shall be entered in the
clerk's register against the proper number of the bonds, and the
bonds so canceled shall be filed in the office of the district treas-
urer until all the oustanding bonds are paid, when they shall be
destroyed in the presence of the full board.
Sec. 783. 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 bj
posting notices for the same length of time in at least three of
the most public and conspicuous places, if no newspaper is pub-
lished in the county, for sealed proposals for building and fur-
nishing such school house in accordance with plans and specifica-
tions 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 low-
est responsible bidder and shall require of such contractor a bond
in douible 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 con
ditions of his contract in a faithful manner and in accordance
with its provisions; and in case all the proposals are rejected,
»such board shall advertise anew in the same manner as before
until a reasonable bid shall be submitted.
Sec. 784. PROVISIONS OF THIS ARTICLE, HOW APPLI-
CABLE.— 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 in-
debtedness incurred by reason of building and furnishing a school
STATE OF NORTH DAKOTA. 71
house and purchasing a site for the same and bonds may be issued
in the same manner as hereinbefore provided for building and
furnishing school houses.
ARTICLE 7. — SPECIAL DISTRICTS.
Sec. 785. CITIES GOVERNED BY THE PROVISIONS OF
THIS ARTICLE. — All cities and incorporated towns and villages
which have heretofore 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 incorpo-
rated town or village having a population of over two hundred
inhabitants may be constituted a special school district in the
manner hereinafter prescribed, and shall then be governed by
the provisions of this article ; provided, that any city heretofore
organized 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.
DIVISION OF SCHOOL DISTRICTS.
(Chapter 186, Laws 1901.)
Sec. 1. SPECIAL SCHOOL DISTRICTS, CREATION OF.
Whenever any incorporated city, town or village having
a population of over two hundred inhabitants, shall consti-
tute a portion of a school district, it may be organized into a
special school district and the property and indebtedness of
such organized school district divided as hereinafter pro-
vided.
Sec. 2. SUPERINTENDENT SHALL CALL ELECTION
ON PETITION. WHEN.— In such case a petition signed by
a majority of the voters of such school district as shown by
the last school election therein, may be presented to the coun-
ty superintendent of schools for the division of such school
district and the organization of such city, town or village into
a special school district, and setting forth in detail the man-
ner and terms of the division of *the property, real and per-
sonal, and of the indebtedness, bonded or otherwise, of such
school district as desired by the petitioners, and thereupon
such superintendent shall within five days call an election
to be held in such incorporated city, town or village, and an
election to be simultaneously held in that portion of such
school district situated outside of the limits of such city,,
town or village.
Sec. 3. NOTICE OF ELECTION.— Such superintendent
shall cause notice of each of such elections to be given by
publishing notices thereof, stating the time and place of
holding such elections in a newspaper published in such
72 GENERAL SCHOOL LAWS,
school district, if any, and if there is no newspaper published
in such school district, then by posting notices of the election
to be held in such city, town or village, in five public places
therein, and by posting notices of the election to be held
•outside such city, town or village in five pu'blic places in said
district outside such city, town or village. Such notices
i shall toe so published or posted not less than ten nor more
than fifteen days before such elections. Such superintend-
ent shall appoint judges and clerks of such elections and
the same shall be held and conducted in the same manner,
and the polls shall be opened and closed at the same time
as in other school district elections, and the results of such
election shall be certified and delivered to such superintend-
k cut immediately upon the close of the polls.
Sec. 4. BALLOTS, WHAT PRINTED OX.— There shall
be printed on the ballots used- at such elections the following
statement : "For the division of (here state the name of the
school district to be divided) and the division of its property
and deflbts as follows (here state 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.
Sec. 5. SUPERINTENDENT SHALL NOTIFY PRESI-
DENT 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.
Sec. 6. DIVISION OF DISTRICT, WHEN.— If such elec-
tions shall each be in favor of the division of such school
district, such incorporated city, town or village shall there-
after constitute a special school district, and such original
' school district situated outside such city, town or village
shall constitute a school district.
Sec. 7. ELECTION 'OF OFFICERS FOR SPECIAL DIS-
TRICT AND DISTRICT.— The county superintendent shall
thereupon call an election for the election of officers of such
special school district and school district of which notice
shall 'be given for at least fifteen days, which election shall
be held as in other cases, in school districts, and special
school districts and such special school district shall there-
after tbe subject to all provisions of law affecting other
school districts.
Sec. 8. DIVISION OF PROPERTY.— Such school district
and such special school district shall thereupon proceed to
STATE OF NORTH DAKOTA. 73
divide the property of such original school district according
to such petition and shall be bound respectively to pay the
indebtedness of such district as provided in such petition,
and may make any contracts or conveyances necessary to
carry into effect all the provisions of such petition.
Sec. 9. BONDED INDEBTEDNESS. TAX TO BE LEV-
IED 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 educa-
tion of such special school district 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 such special school district and such school dis-
trict 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
ithe amount of such tax to be collected in that year.
Sec. 10. BONDED DEBT. SPECIAL SCHOOL DIS-
TRICT AND SCHOOL DISTRICT TO PAY.— Such special
school district and such school district shall provide for and
pay according to the terms of the bonds, such portion of such
'bonded debt as is assumed by it.
Sec. 11. FORMATION OF UNDER PRESENT LAW NOT
PROHIBITED.— Nothing in this act shall be construed to
(prevent or affect the formation of special school districts in
accordance with provisions of law now in force, or to require
the equalization or adjustment of the property assets or in-
debtedness of districts formed under the provisions of this
act, otherwise than as herein provided.
Sec. 78G. ADJACENT TERRITORY, HOW ATTACHED FOR
SCHOOL PURPOSES.— When any city, town or village has been
organized for ®chool purposes and provided with a board oif edu-
cation under any general school law, or a special act, or 'under the
provisions of this article, territory outside the limits thereof but
adjacent thereto, may be attached to such city, town or village
for ischool purposes by the board of education thereof upon ap-
plication in writing signed by a majority of the voters of such
adjacent territory; and upon such application being made, if
such board shall deem it proper and to be 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
«hall be entered upon the records of the board. Such territory
74 GENERAL SCHOOL LAWS,
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 school ques-
tions; provided, the co-unty commissioners may detach such ad-
jacent territory from any special district and attach to any
adjacent school or special district or districts upon petition to-
do so, signed by three-fourths of the legal voters of such adjacent
territory, and all assets and liabilities shall be equalized accord-
ing to section 731.
Sec. 787. NAME OF BODY CORPORATE.— Every such dis-
trict shall be a ibody corporate for school punposeis 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 corpora tions for public
purposes or conferred upon it by this article or which may here-
after be conferred upon it by law; and in such name it may sue
and be sued, contract and be contracted with, and hold and con-
vey such real and personal property as shall come into its posses-
sion by will or otherwise; and it shall procure and keep a corpo-
rate seal by which its official acts may be attested.
Sec. 788. CONVEYANCE OF SCHOOL PROPERTY, HOW
EXECUTED. — Any such city or incorporated town or village is
authorized and required, upon the request of the board of educa-
tion, 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 con-
veyances for such property shall be signed by the mayor or pres-
ident of the board of trustees and attested by the clerk of such
corporation, 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.
Sec. 789. SPECIAL SCHOOL DISTRICTS, HOW ORGAN-
IZED.— When a petition signed by one-third of the voters of a
city, incorporated town or village or a school district, in which is
located a city or incorporated town or village entitled to vote at
such election, is presented to the council or trustees of such city,
incorporated town or village or school district, asking that such
city, incorporated town or village or school district be organized;
as a. special school district, s>uch council or board of trustees shall
within ten days order an election for such purpose, notice of
STATE OF NORTH DAKOTA. 75,
which shall be given, and the election conducted and the returns-
made in the manner provided by law for their annual school
election; and the voters of such city, incorporated town or vil-
lage or school district shall vote for or against organization as a
special school district at such election.
Sec. 790. ELECTION OF BOARD OF EDUCATION.— If a ma-
jority of the votes cast at such election is for organization as a
(special school district, another election shall be called in the
same manner as is 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
isecond annual election, and one until the third annual election,
thereafter, and until their successors are elected and qualified,
and their respective terms shall toe determined by lot.
Sec. 791. TERMS OF OFFICE. QUORUM.— The board of
education of each special district shall consist of five members
who shall toe elected toy the legal votens thereof and who shall
hold their office for the term of three years and until their succes-
sors are elected and qualified, except as provided for first elec-
tions under this article, and three members shall constitute a
quorum for the transaction of business at any legal meeting.
Sec. 792. MEMBERS NOT TO BE INTERESTED IN SCHOOL
CONTRACTS. — The members of such board shall receive no com-
pensation, and shall not be interested, directly or indirectly, in
any contract for making any improvements or repairs or for
erecting any building or for furnishing any material or supplies
for their district.
Sec. 793. ANNUAL AND SPECIAL MEETINGS OF BOARD.
— The annual meeting of such board of education shall be held oir
the isecond Tuesday in July following the annual election, at
which time the newly elected members shall assume the duties
of their office. Each board shall meet for the transaction of
business as often ais 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 toy giving a personal notice to each member of the board
or by causing a written or printed notice to be left at his last,
place of residence at least forty-eight hours before the time of
such meeting.
Sec. 794. 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
76 GENERAL SCHOOL LAWS,
a clerk, not one of their own nuimiber, who shall hold his office
during the pleasure of the board and receive such compensation
for his services as shall be fixed by the board. In the absence
of the president at any meeting, a president pro tenipore may be
elected by the 'board.
Sec. 795. DUTIES OF PRESIDENT.— The president shall
preside at all meetings of the board, appoint all committees
whose appointment 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.
Sec. 796. 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
of the board shall be open to examination by any taxpayer of the
district. iSuch record or a transcript thereof certified by the
clerk and attested by the seal of the board, shall be received in
•all courts a.s prima facie evidence of the facts therein set forth.
Sec. 797. POWERS AND DUTIES OF BOARD.— Each board
of education shall have power and it shall be its duty:
1. To establish a system of graded common schools, which
shall toe free to all children of legal school age, residing within
such special district, and shall be kept open not less than six 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 ais shall be
prescribed or approved by the superintendent of public instruc-
tion, together writh 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 isuch 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-
Tisaible.
STATE OP NORTH DAKOTA. 77
6. To purchase, sell, exchange, improve and repair school
apparatus, text books for the use of the pupils, furniture and
appendages 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
the county superintendent or the superintendent of public in-
struction, and if any such teacher holds only a county certificate
the board may impose such further requirements as the best
interests of the several grades may require. Xo person who is
a relative of any member of the board shall be employed as
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 and to fix and pay a
proper compensation therefor, and 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 expe-
dient, rules and regulations for organizing, grading, government
and instruction and the reception of -pupils, their suspension and
expulsion and their transfer from one school to another. But
no pupil shall be suspended or expelled except for insubordina-
tion, habitual disobedience or disorderly conduct; such suspen-
sion shall not be for a longer period than ten days, nor such ex-
pulsion 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 first, 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 for-
warded to the county superintendent, the same as reports are
made by other school districts; and such report or such portion
thereof as the board of education shall consider advantageous to
the public, shall be published in a newspaper in the city or vil-
lage, and in cities and villages of over eight hundred inhabitants
it may be published in pamphlet form.
GENERAL SCHOOL LAWS,
14. To admit children of persons not living in such special dis-
trict into the schools of such district, and to fix and collect the
tuition therefor, if in its judgment the best interests of the
school will permit.
15. To cause an enumeration of the children of 'school age
within such special district, including those residing in any ter-
ritory thereto ^attached for school purposes, to be made annually,
.as provided for other school districts, and return the same to the
county superintendent. ,
Sec. 798. TREASURER, CUSTODIAN OF SCHOOL M.ONEYS.
— All moneyi* from whatever source, which the board of educa-
tion of any special district shall by law be authorized to receive,
.shall be paid over to the treasurer of such board and he shall
charge the same to the proper fund.
Sec. 799. SCHOOLS UNDER SUPERVISION OF WHOM.—
'The schools of each special district shall be under the immediate
.supervision of the board of education or the school superintend-
ent appointed by such board, .subject to such general directions
.and supervision <by the county superintendent as are provided for
in this chapter.
Sec. 800. TAXABLE PROPERTY.— The taxable property of
the whole school corporation including the territory attached
for school purposes, shall foe subject to taxation. All taxes col-
lected 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.
Sec. 801. 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 tax-
.able according to the laws of this state, the amount of which levy
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 Mm 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.
Sec. 802. EXPENDITURES. CONTRACTS.— No expendi-
tures involving an amount greater than one hundred dollars shall
^be made (except in accordance with the provisions of a written
or
STATE OF NORTH DAKOTA. 79
•contract, and no contract involving an expenditure of more than
five hundred dollars for the purpose of erecting any public build-
ings or making any improvements shall be made except upon
sealed proposals and to the lowest responsible bidder, after pub-
lic notice f o<r ten days previous to receiving such bids.
Sec. 803. TREASURER.— The treasurer of any city, town or
village comprising a special district shall be treasurer of the
Aboard of education thereof.
Sec. 804. TREASURER, DUTIES OF.— The treasurer of each
board of education shall keep a true account of the receipts and
expenditures of the various funds separate^, and shall prepare
-and submit in writing a quarterly report of the state of the fin-
ances of the district and shall, when required, produce at any
meeting of such board of 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.
Sec. 805. TREASURERS BOND.— The treasurer of the board
shall execute a bond to such board, with sufficient sureties to be
approved by the board, in such sum and 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
isuch 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 in his place, who shall give such
additional bonds.
Sec. 806. BOARD ASSUMES CONTROL AFTER EQUALIZA-
TION OF DEBTS AND PROPERTY.— When any board of edu-
cation 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 vil-
lage, 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 deter-
mined in the manner provided in this chapter for the equaliza-
80 GENERAL SCHOOL LAWS,
tion, determination and division of debts, property and assets of
school districts consolidated or divided.
Sec. 807. SPECIAL DISTRICT MAY BECOME PART OF
GENERAL DISTRICT, WHEN.— Any special district organized
under the general school laws and provided with a board of edu-
cation may become a part of the school district in which it is
located, whenever it is so decided by a majority vote of the school
electors of the city, town or village and of such school district
voting at an election called for that purpose. An election for
such purpose 'Shall be ordere<J and proper notice thereof given
by the board of education and the school board of such district
in the same manner as is required for the election O'f school offi-
cers 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 consol-
idated or divided. Villages not incorporated but heretofore
organized under the general school laws and provided 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 afore-
said.
Sec. 808. ELECTION OF BOARDS OF EDUCATION IN
SPECIAL DISTRICTS.— On the third Tuesday in June each year
an election shall be held in each special district at which such
memibers of the board of education shall foe elected at large as
shall be necessary to fill all vacanies 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 Tues-
da.y 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.
Sec. 809. NOTICE OF ELECTION, CONTENTS OF.— Such
election shall be called by the board of education of such special
district, which shall cause notice thereof to be posted or pub-
lished 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 aibsence, by the pres-
ident 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.
Sec. 810. NOTICE OF ELECTION, FORM OF.— Such notice
shall be in substantially the following form:
STATE OF NORTH DAKOTA. 81
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 follow-
ing members of the board of education (here insert terms
for which they are to 'be elected), for the city, town or village of
I here insert name) and the polls w7ill be open at nine
o'clock A. M. and closed at four o'clock P. M. o>f that day.
I»y order of the board of education.
Signed ,
Clerk.
Sec. 811. ELECTION PRECINCTS AND OFFICERS OF
ELECTION. — At least fifteen 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 ais 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 oathis or by either o«f said judges
or clerks to the others.
Sec. sl± CANVASS OF RETURNS.— Such election shall be
conducted and the votes canvassed in the manner provided by
law for elections 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 declared elected, and the returns shall be
filed with the clerk of the board of education within two days
thereafter.
Sec. 813. CERTIFICATES OF ELECTION.— The clerk of the
board shall give to each person elected at such election a certifi-
cate stating that he was duly elected as a member of the board
of education and the time he is to take the oath and enter upon
the duties of his office. Such clerk shall also certify as soon as
possible to the county superintendent of school the persons so-
elected and their terms.
Sec. 814. VACANCIES, HOW FILLED.— The board of edu-
cation of each city, town and 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 ap-
82 GENERAL SCHOOL LAWS,
pointment shall be made the clerk shall certify the same to the
county superintendent.
Sec. 815. OATH OF . OFFICE.— Before entering upon the
duties of his office each person elected or appointed as a member
of the board of education, shall take the oath or affirmation pre-
scribed in section 211 of the constitution, which oath shall be
filed with the clerk of the bo'ard.
Sec. 816. BONDS, HOW AND WHEN ISSUED.— Whenever
the taxes authorized toy 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 pur-
chase a site or to erect suitable buildings thereon, or to fund any
outstanding indebtedness, or for the purpose of taking up any
outstanding bonds, of the school corporation; provided, that the
issuance of such ibonds 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 corpor-
ate seal of the 'board, shall bear the date of their issue, and be
payalble in not less than five nor more than twenty years from
their date, at such place as shall be designated upon their face.
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 ibear interest at not more than seven 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 is-
sued for school purposes, and shall ibe sold at not less than par.
Each bond shall 'have indorsed thereon the certificate of the clerk
of the board stating that such bond is issued pursuant to law and
is within the debt limit prescribed by the constitution.
Sec. 817. ELECTION FOB ISSUING BONDS.— Before issu-
ing any such bonds the board of education shall call an election
for the purpose of submitting to the voters of the district the
question of isisuing 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 com-
prising such special district, except that such notice shall be
given twenty 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 ibonds 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
STATE OF NORTH DAKOTA. 83
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 edu-
cation, but if a majority thereof is against issuing bonds such
bonds shall not be issued, nor shall the question be again sub-
mitted for one year thereafter except for a different amount and
then only upon a written petition of a majority of the voters of
the district.
Sec. 818. 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 pursuance of this article in a sum greater than five per
cent of its assessed valuation, including other debts.
Sec. 819. 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 pro-
visions of this article, and also to create a sinking fund for the
redemption of such bonds, which it shall levy and collect in addi-
tion to the rate per cent authorized by the provisions aforesaid
for school purposes, and such amount of funds when paid into the
treasury shall be and remain a special fund for such purpose
only, and slhall not foe appropriated 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 isuch resolution shall remain in force until all such bonds
and the interest thereon shall have been paid.
Sec. 820. INVESTMENT OF SINKING FUND.— All moneys
raised for the purpose of creating a sinking fund for the final
redemption of all bonds issued under this article, shall be in-
vested annually foy the board of education in the bonds of this
state or of the United States, or the board may buy and cancel
the bonds of the district.
Sec. 821. INTEREST COUPONS.— When the interest coupons
of the ibonds hereinbefore authorized shall become due they
shall be promptly paid, upom presentation, by the treasurer 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.
Sec. 822. SECURITY FOR PAYMENT OF BONDS.— The
school fund and property of such -school corporation and terri-
tory attached for such purposes is hereby pledged to the pay-
84 GENERAL SCHOOL LAWS,
ment of the interest and principal of the bonds mentioned in this
article ais the same may 'become due.
Sec. 823. BONDt REGISTER.— The clerk of the board of edu-
cation 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 numiber, date and amount
of such bounds and to whom payable.
Sec. 824. REFUNDING BONDS, ISSUANCE OF.— The board
of education of any special or independent school district shall
have power, whenever two-thirds of the members of such bo-ard
shall deem it necessary and for the best interests of isuch school
district, to issue bonds for the purpose of refunding any out-
standing bonds when the isame become due. Such bonds shall
be issued in denominations 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 seven per cent per annum, payaible semi-annually
on the first day of January and July of each year, nor run for a
longer period than twenty years.
Sec. 825. BONDS MAY BE EXCHANGED.— Such refunding
bonds may be exchanged at par for an equal amount of out-
standing bonds or may toe sold at not less than par value and the
proceeds applied solely to the payment of the bonds to be re-
funded, 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.
Bee. 826. ISSUE OF BONDS, HOW GOVERNED.— In the
issuance of such refunding bonds the board of education shall be
governed by the provisions of section 8J.8 to 823.
Sec. 827. SURPLUS FUNDS, HOW TRANSFERRED.— Any
moneys remaining in the treasury of such school districts, ap-
propriated o"r held for the purpose of paying such bonds so re-
funded, may, at the discretion of the bo<ard of education at any
time within six months after such refunded bonds have been
taken uip and canceled, be transferred to the building or con-
tingent fund of such district.
INVESTMENT OF FUNDS OF SPECIAL SCHOOL DISTRICTS.
(Chapter 190, Laws 1901.)
Section 1. INVEiSTMENT OF SINKING FUNDS.
SCHOOL DISTRICTS. — All moneys raised for the purpose
of creating a sinking fund for the final redenifption of all
ibonds issued under article 17 of chapter 9 of the civil code
of this state shall be invested annually by the board of educa-
tion of any special school district in this state as follows,,
(viz:
STATE OF NORTH DAKOTA. 85
1. In the bonds of this state or of the United States.
2. Special school district board may designate one or
more national or state banks in the county where such spe-
cial school district is situated as a depository for such sink-
ing fund, and in such case the school board shall advertise
for at least two weeks 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, satis-
fying itself of the responsibility of all banks proposing to
act as depositories. Before any bank shall be designated
as such depository it shall present to the school board a
sealed proposal stating in writing what rate of interest will
be paid for the deposit of isuch stinking funds, and shall sub-
mit 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 fey 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 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 depository
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 pur-
chase of bonds as provided for in this act. When the sink-
ing 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 depository such treas-
urer and his sureties shall be exempt from all liability there-
on by reason of loss of any such funds from the failure, bank-
ruptcy or any other act of any such bank, to the extent only
of such funds in the hands of such ibank or banks at the time
of such failure or bankruptcy. Such depository shall fur-
nish to the clerk of the board of education 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
depository for the year ending June 30, which statement
shall show a credit to such deposit account of all sums of in-
terest accruing on the sinking fund deposited.
86 GENERAL SCHOOL LAWS,
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 and not exceed ten years and that the
funds so invested shall bear interest at a rate not less than
six per cent per annum and such interest when paid shall be
covered into and became a part of the said sinking fund.
(b) First mortgage loans shall only be made upon culti-
vated lands wTithin the state, and to persons who are actual
residents thereof. And in no case on lands of which the ap-
praised value is lesis than seven dollars and fifty cents per
acre, and in sums not more than one thousand dollars to any
one person, firm or corporation. Such appraisement to be
made iby the school board of such special school district or
toy some competent person designated by them for the pur-
pose.
(c) 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 an instrument in writing
executed in the corporate name of the special school district
which shall be the payee in all notes taken for loans ais here-
in provided and the mortgagee in all mortgages taken.
Such instrument to be executed and acknowledged in the
same manner as is or may be provided for by law for the
execution and acknowledgment of transfers of real estate
by corporations. Such mortgages may be foreclosed by
advertisements or an action in the name of the special school
district in any court of competent jurisdiction as is now or
may be provided by law.
Sec. 2. All acts and parts of acts inconsistent herein
(herewith) are hereby repealed.
Sec. 828. INDEPENDENT DISTRICTS, HOW ORGANIZED.
— Any city heretofore organized fo<r school purposes under a spe-
cial law and provided with a board of education may become
incorporated as an independent school district under the provis-
ions 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 independ-
STATE OF NORTH DAKOTA. 87
ent 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 sub-
mit such question accordingly 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, tout siuch ques»
tion shall not be submitted oftener than once in two years.
Sec. 829. NOTICE OF ELECTION.— The mayor of such city
shall cause at least twenty 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 posting at least five copies of such notice in each ward or vot-
ing precinct.
Sec. 830. FORM OF BALLOTS. RETURNS.— The ballots to
be used at such election shall be in the following form: "For
establishing an independent school district" or "against estab-
lishing an independent school district." The judges of such elec-
tion 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 major-
ity of the votes caist at such election shall be for establishing an
independent school district, such independent school district
shall thenceforth be deemed to be organized under this article
and the board of education then in office shall thereupon exercise
the powers conferred upon like officers in this article until their
successors are elected and qualified.
iSec. 831. 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 "Independ-
ent School District of the City of " and a board of
education is hereby established for the same.
Sec. 832. MEMBERS OF BOARD, HOW ELECTED. QUOR-
UM.— '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. Such members shall hold their office for the term of two
years and until their successors are elected and qualified. A
majority of the members of such board shall constitute a quorum
for the transaction of business, but a smaller number may meet
and adjourn. The electors in each ward in such city shall elect
one member of such board, and the electors of such city shall
elect one member of the board at large. The wards having even
numbers shall hold their election in each even numbered year.
88 GENERAL SCHOOL LAWS,
the wards having odd numbers shall hold their election in
each odd numbered year. The member at large shall be elected
'biennially in the even numibered years ; provided, when such city
is divided into three wards, such board shall consist of five mem-
bers, one member from each ward and two members to be chosen
at lairge; provided, also, that at the first election 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 ;
when two memlbers are to be chosen at large at isiuch first election,
one shall be elected for a term of one year and one for a term of
two years.
Sec. 833. DATE OF ELECTION. CANVASS OF VOTES.-
The election referred to in the foregoing sections 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
liave 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 elec-
tion shall be conducted in all respects and the polls closed and
Totes canvassed in the same manner as municipal elections, and
the judges shall have the same power and authority in all re-
spects ais 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 tlie caise may be, within twenty -four
hours after the polls are closed, and 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.
Sec. 834. VACANCIES, HOW FILLED.— If any vacancy oc-
curs 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
Ull the unexpired term.
Sec. 835. STYLE AND POWERS OF BOARD.— The board so
elected shall ibe a body corporate in relation to all the powers
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
mich shall have power to sue and be sued, contract and be con-
tracted with, and shall possess all the powers usual and incident
to s»uch bodies corporate, and such as shall be herein given, and
STATE OF NORTH DAKOTA. £9
shall procure and keep a common seal. At each annual meet-
ing- of the board the members thereof shall elect one of their
number president of the board, and when he is absent a president
pro tempo re 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
certificate of election, and shall assume the duties of the office at
the annual meeting jof the board held on the first Monday in May
of each year.
Sec. 836. RESPONSIBILITY OF BOARD.— The mem'bers of
the iboard shall receive no compensation, nor be interested direct-
ly or indirectly in any contract for building or making any im-
provements or repairs provided by this chapter. They shall have
the care and custody of all public property in such district per-
taining to school purposes and the general management and con-
trol of all school matters.
Sec. 837. 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
meetings may be adjourned for any time shorter than one month.
Special meetingts 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.
Sec. 838. SECRETARY, DUTIES OF.— Such board shall ap-
point a secretary who shall hold his office during the pleasure of
the board and whose compensation shall be fixed by the board.
The 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 members of such
board or any committee thereof, or by any taxpayer of the dis-
trict. For the purpose of economy the board may, if deemed
advisable, appoint one of its own members secretary. The an-
nual report of the secretary shall contain such items as may be
required by the superintendent of public instruction.
Sec. 839. 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:
90 GENERAL SCHOOL LAWS,
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 appar-
atus, (books, furniture and appendages.
4. To procure fuel and defray the contingent expenses of the
board, including the expenses of the secretary.
5. To pay teachers' wages after the apportionment o<f public
moneys which may be by law appropriated and provided for that
purpose.
Sec. 840. COLLECTION OP TAX.— The tax to be levied and
collected as aforesaid by virtue of this article shall be collected
in the same manner as othercoimty 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 levied by such 'board, and such tax shall
be collected as other county taxes are colleected.
Sec. 841. AMOUNT OF TAX LIMITED.— The amount raised
for teachers' wages and contingent expenses shall be only such a&
together with the public moneys coming to such district from the
state and county fund and other sources shall be sufficient to
maintain efficient and proper schools in such district. The taxes
for the purchasing, leasing or improving of sites, and the build-
ing, purchasing, leasing, enlarging, altering or repairing of
school houses shall not exceed in any year twenty mills o>n the
dollar of the assessed valuation of the 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.
Sec. 842. 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
organization and establishment of schools 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
STATE OF NORTH DAKOTA. 91
and bearing interest at a rate not to exceed seven per cent per
annum, payable semi-annually on the first day of January and
July of each year; and to show upon their face that they are
issued for the purpose of building and 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 edu-
cation is authorized to cause the isame 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 toy tax for the payment of the principal and interest
of such bonds; provided, that at no time shall the aggregate
amount of such bonds, including all other indebtedness, exceed
fifty mills on the dollar of valuation of the taxable property of
such district, to be determined by the last city assessment.
Sec. 843. MONEYS PAID TO CITY TREASURER.— AH
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 cityr
and the county treasurer shall from time to time, as he shall re-
ceive the county school funds, and at least once in each month, on
the first Monday thereof, pay over to such city treasurer the pro-
portion thereof belonging to such district; and for that purpose
the board shall have the power to cause all needful steps to be
taken, including census reports and other acts or things, to en-
able such board to receive the school money belonging to such
district, as fully and completely as though such district formed
one of the school districts of the county where the same may be
situated.
Sec. 844. 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 isuch treasurer and the sureties upon such bond
shall be accountable 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 person in his place.
Sec. 845. 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 the warrants hereinafter provided, drawn on
the school fund only, and such moneys and all moneys received '
92 GENERAL SCHOOL LAWS,
by such district for the use of the common schools therein shall
be deposited for safe-keeping with such city treasurer 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 proyided. Such treasurer shall pay out the
moneys authorized by this article only upon warrants drawn by
the president, countersigned by the secretary and attested by the
seal of such board of education.
iSec. 846. 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 discon-
tinue the same.
2. To purchase, sell, exchange and hire school houses and
rooms, lots or sites for school houses and to fence and improve
the same.
3. To build, enlarge, alter, improve and 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
apparatus, 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 ob-
served.
6. To contract with and employ all teachers in such schools
and to remove them at pleasure.
7. To pay the wages of such teachers out of the money Appro-
priated 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 raisei 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 common schools of such district, and from
time to time to adopt, alter, modify and repeal, as they may
deem expedient, rules and regulations for their organization,
grading, government and instruction, for the reception of pupils
and their transfer from one school to another, for the suspension
STATE OP NORTH DAKOTA.
and epulxsion of pupils subject to the same restrictions as are
contained in subdivision 11 of section 797, and generally for their
good order, prosperity and utility.
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.
Sec. 847. VISITING SCHOOLS.— Each member of the board
shall visit all the public schools in the district at least twrice in
cadi year of his official term, and the board shall provide that
each of such schools shall be visited by a committee of three or
more of their number at least once during such term.
Sec. 848. NONRESIDENT PUPILS.— Such board of educa-
tion 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 pre-
scribe, fixing the tuition which shall be paid therefor.
Sec. 849. EXPENDITURES NOT TO EXCEED REVENUES.
—It shall be the duty of the board in all 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.
Sec. 850. TITLE TO PROPERTY OF DISTRICT.— The title to
all property belonging to any such independent school district
shall be vested in such district for the use of the schools, and the
same wrhile 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 cor-
porate capacity may take, hold and dispose o-f any real and per-
sonal ^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 to such district by its proper name or to
any person or body for the use of such schools.
GENERAL SCHOOL LAWS,
Sec. 851. 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 executed in the name of such district by the president of the
board attested by the secretary under the seal thereof, and ac-
knowledged iby such officers. Such president and secretary shall
have authority to erecute conveyances as aforesaid, with or with-
out covenants of warranty on behalf of the district.
Sec. 852. 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
l3y the board, to prepare and report to such board a true and cor-
rect statement of the receipts and disbursements of moneys
under and pursuant to the provisions of this article, during the
preceding year, which statement shall set forth under appropri-
ate heads:
1. The money raised .by the 'board under section 839.
2. The school moneys received from the county treasurer.
3. The money received under section 842.
4. All moneys received by the city treasurer, subject to the
order of the board, specifying the sources from which it accrued.
5. The manner in which all money hais 'been expended, specify-
ing the amount under each head of expenditures and the board
shall at least one week before such election, cause such state-
ment to 'be published in all the newspapers of the city which will
publish the same gratuitously.
Sec. 853. CITY COUNCIL TO PASS CERTAIN ORDI-
NANCES. — 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 recommend as necessary for the protection, pres-
ervation, safe-keeping and care of the school houses, lots, sites,
appurtenances, libraries 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 col-
lected in the same manner that the penalties for the violation of
-city ordinances are collected, and when collected shall be paid to
the city treasurer, and placed to the credit of the board of educa-
tion, and shall 'be subject to its order as herein provided.
Sec. 854. FORFEIT FOR REFUSAL TO SERVE AS MEM-
:BER OF BOARD.— It shall be the duty of the clerk of such board
STATE OF NORTH DAKOTA. 95
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 per-
son so refusing shall forfeit and pay to the city treasurer for the
benefit 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.
ARTICLE 19. — BOAKDS OF EDUCATION IN CERTAIN CITIES.
Sec. 855. NEW DISTRICT TO ASSUME DEBTS OF OLD.—
School districts 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.
Sec. 856. BOARDS .TO BE ELECTED AT LARGE.— In each
city not organized under the general law there shall be a board
of education consisting of seven members having the qualifica-
tions 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 first Tuesday after the first
Monday in June; provided, that the provisions of this article shall
not apply to cities existing under a special act and which are
now conducting their schools under the general school laws.
Sec. 857. 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.
Sec. 858. 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 general city elections.
Sec. 859. RELATIVES NOT ELIGIBLE AS TEACHERS.— No
son, wife or daughter of any member of the school board shall be
eligible to a position as teacher in schools of the district which
such member represents except upon the consent of all the mem-
bers of such board.
Sec. 860. INDEPENDENT SCHOOL ORGANIZATIONS UN-
DER SPECL1L LAW ABOLISHED.— Any independent district
96 GENERAL SCHOOL LAWS,
organized for ischool purposes under a special la.w, 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 district in w7hich it is located by the repeal of the
special law organizing or governing such independent
district. Any independent district organized for school pur^
poses under a special law or under any other law than is con-
tained in this chapter, wrhich includes or is included in any city
or incorporated towrn or village organized for municipal pur-
poses, ishall 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 consti-
tuted in part shall be governed by the provisions of this chapter;
provided, that nothing herein shall prevent any such independent
district from coming under the operation of this chapter in the
manner therein iprovided.
Sec. 861. OLD SCHOOL OFFICERS HOLD OVER.— The
board of education or other governing board o>f such independent
district shall continue to exercise the powers and duties devolv-
ing upon it under the 'provisions of such special or other law gov-
erning such independent district, the same a,s though such law
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 purpoise of electing school officers
at such annual school 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 existed providing for the organization of such independent
district; provided, further, that in a special district formed and
created as herein provided, a full board o<f education shall be
elected as provided by law for first elections, but in school dis-
tricts formed and created 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'ischool offices of such school district heretofore organized.
Sec. 862. DEBTS AND ASSETS DETERMINED BY ARBI-
TRATION.— When the boundaries of such school district shall
have ibeen arranged as contemplated in this article, the determin-
ation and division or consolidation of all debts, property and
assets off the several portions of such district or districts so con-
solidated shall >be made by arbitration as provided by law.
STATE OF NORTH DAKOTA. 97
ARTICLE 20. — FREE TEXT BOOKS.
Sec. 8G3. POWER OF BOARD OF EDUCATION.— The board
of trustees or board of education of each and every school dis-
trict in the state of North Dakota is hereby authorized and em-
powered to select, adopt and contract for all books and supplies
needful for the school or schools under its charge; and the said
board of trustees or board of education shall have power to pur-
chase 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 of less than three years nor more than' five years; during
which time the text books so selected, adopted and contracted
for shall not be changed; provided, further, that before any pub-
lisher or publishers shall enter or attempt to enter into any con-
tract for the sale of text books, as hereinbefore provided, they
shall file wjth the superintendent 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 board
of trustees or board of education in the state of North Dakota,
and they, the said publishers, shall deposit with the superin-
tendent of public instruction a sample copy of each book so
listed, which shall represent in style of binding, mechanical exe-
cution, general make-up and matter the book or books they offer
to sell to the board of trustees at or for the prices so listed and
in no case 'shall prices be raised above said listed prices as filed.
It shall be the duty of the superintendent of public instruction
to furnish a certified copy of the list o'f books and prices filed in
accordance with the provisions of this section to the district clerk
of each common school district in the state of North Dakota.
Sec. 804. FREE TEXT BOOKS PROVIDED, WHEN.— When-
ever 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 better school privileges, or whenever 'petitioned
so to do by two-thirds of the voters in 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 fund of the respective districts, and
it shall be the duty of the school districts and school boards to
see that sufficient 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 to the schools in the district.
98 GENERAL SCHOOL LAWS,
ARTICLE 21. — PURCHASE OF FLAGS FOR SCHOOL DISTRICTS.
Sec. 865. UNITED STATES FLAG TO BE DISPLAYED.—
The school board of any city, town or district, is authorized 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 reasonable weather, upon the school houses or flagstaffs upon
the school grounds during the school hours of each day's session
of school, and a failure to comply with the provisions of this
article on the part of any board of education or district school
board, shall be sufficient grounds for removal of members of such
board from office.
ARTICLE 22. — STATE EDUCATIONAL LIBRARY.
Sec. 866. APPROPRIATION FOR.— There is hereby appro-
priated out of any funds in the state treasury the sum of three
hundred dollars annually, to be paid .by warrant of the state
auditor on the treasurer uipon the presentation of an itemized bill
in due form by the superintendent of public instruction, for the
purchase of reference or pedagogical books for the state educa-
tional library in the office of such superintendent
ARTICLE 23. — HIGH SCHOOL BOARD.
Sec. 867. HIGH SCHOOL BOARD.— The governor, superin-
tendent of public instruction and president of the state university,
are hereby constituted a board of commissioners on preparatory
schools for the encouragement of higher education in the state.
Said board shall be called the "High School Board," and shall
perform the duties and have and exercise the powers hereinafter
mentioned.
Sec. 868. STUDENTS CLASSIFIED.— Any puiblic 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
article and shall admit students of either sex from any part of the
state without charge for tuition, shall be entitled to be classified
as a state high school and to receive pecuniary aid as hereinafter
specified; provided, however, that no such school shall be required
to admit nonresident pupils unless they pass an examination in
orthography, reading in English, penmanship, arithmetic, gram-
mar, modern geography and the history of the United States.
Sec. 869. REQUIREMENTS FOR CLASSIFICATION.— The
said board shall require of the schools applying for such pecun-
iary aid as prerequisite to receiving such aid, compliance with
the following conditions, to-wit:
STATE OF NORTH DAKOTA. 99
1. That there be regular and orderly courses of study, embrac-
ing all the branches prescribed by the said board for the first
two years of the high school course.
2. That the said school receiving pecuniary aid under this
article shall at all times permit the said board of commissioners.
or any of them, to visit and examine the classes pursuing the said
preparatory courses.
. 870. SCHOOLS VISITED ONCE EACH YEAR. WHAT
SCHOOLS TO RECEIVE STATE AID. APPROPRIATION.— 1.
'The said board of commissioners shall cause each school receiv-
ing aid under this article to be visited at least once in each year.
toy a committee of one or more members, who shall carefully in-
spect the instruction and discipline of the preparatory classes.
and make a written report on the same immediately; provided,
that the said board may, in its discretion, appoint, in any case,
competent persons to visit and inspect any school and to make
report thereon; and 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 a vote of the board.
2. The said board shall receive applications from such schools
for aid as hereinafter provided, which applications shall be re-
ceived and acted upon in the order of their reception. The said
board shall apportion to each of the said schools which shall have
fully complied with the provisions of this article, and whose ap-
plication shall have been approved' by the board, the following
sums, to-wit: One hundred seventy -five dollars each year to
•each school having four years' high school course and doing four
years' high school work? the sum of one hundred forty dollars
each year to each school having a three years' high school course
and doing three years' high school wTork; the sum of one hundred
dollars each year to each school having a two years' high school
course and doing two years' high school work; provided, that the
total amount of apportionments and expenses under this article
shall not exceed four thousand dollars in any one year. The
sum of four thousand dollars is hereby appropriated annually to
be paid out of any moneys in the treasury not otherwise appro-
priated for the purpose of this article; 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.
Sec. 871. NO COMPENSATION. EXPENSES.— The mem-
bers of said board shall serve without compensation, but the
;actual and necessary expenses of the board or any examiner ap-
pointed by them, shall be paid in the same manner as those of
100 GENERAL SCHOOL LAWS,
state officers; provided, that the total expense, including the ap-
portionments to the schools aforesaid, shall not exceed four
thousand dollars in any one year.
Sec. 872, DISCRETIONARY POWERS. ASSISTANT EX-
AMINER.— The high school board shall have full discretionary
power to consider and act upon applications 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 ser-
vice contemplated by law; but in each county two schools com-
plying with the prescribed conditions shall have a right to aid
from this appropriation before aid may be granted to a third
school in any county. Any school once accepted and continuing
to comply with the law and regulations of the board made in pur-
suance 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, accept-
ance and classification of schools, courses of studies and other
proceedings under this article. Any assistant examiner ap-
pointed by the high school board, as authorized by law, shall be
entitled to receive such compensation as the board may allow,,
not exceeding three dollars a day; provided, that no such com-
pensation shall be paid to any person receiving a salary from the
state or from any state institution.
Sec. 873. SHALL KEEP RECORD.— The said board shall keep
a record of all the proceedings and shall make on or before the
first day of December in each year a report, covering the previous
school year, to the superintendent of puiblic instruction, showing
in detail all receipts and disbursements, the names and number
of schools receiving aid, the number of pupils attending the
classes in each, to which report they may add such recommenda-
tions as they may deem useful and proper.
ARTICLE 24. — HEALTH AND DECENCY IN PUBLIC SCHOOLS.
Sec. 874. DUTY OF BOARDS OF EDUCATION.— It shall be
the duty of all 'boards of education and district school boards in
this state to provide suitaible 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 access; 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 pro-
visions of this article on the part of any board of education or
district school (board, shall ibe sufficient grounds for removal from
office and for withholding from any district any part of the public
STATE OF NORTH DAKOTA. 101
moneys of the state. The expense incurred by the officers afore-
said in carrying out the requirements of this article shall be a
charge upon the district, when such expense shall have been ap-
proved by the county superintendent of schools of the county
within which the school district is located, and a tax may be
levied therefor without a vote of the district.
CHAPTER 10.
EDUCATIONAL AND CHARITABLE INSTITUTIONS.
ARTICLE 1. — UNIVERSITY OF NORTH DAKOTA.
Sec. 875. UNIVERSITY, WHERE LOCATED.— The univer-
sity of North Dakota as now established and located at the city
of Grand Forks shall continue to be the university of the state.
Sec. 876. BOARD OF TRUSTEES TO GOVERN.— The gov-
ernment of such university shall be vested in a board of trustees
consisting of five members to be appointed by the governor by
and with the advice and consent of the senate, who shall hold
their office for the term of four years commencing on the first
Tuesday in April next succeeding their appointment.
Sec. 877. GOVERNOR TO NOMINATE. VACANCIES. HOW
FILLED. — The governor shall nominate and, by and with the ad-
vl-e and consent of the senate, appoint during each regular ses-
sion of the legislative assembly trustees of siuch university in
the place of those whose terms shall thereafter first expire, and
such trustees shall hold their office until their successors are ap-
pointed and qualified; provided, that the governor shall fill any
vacancy in such board by appointment to extend only until the
first Tuesday in April succeeding the next regular session of the
legislative assembly; and provided, further, that the governor
•shall during such next regular session nominate and, by and with
the advice and consent of the senate, appoint some person to fill
such vacancy for the remainder of the term unexpired. Not
more than two members of the board shall be appointed from the
same county.
Sec. 878. POWERS AND DUTIES OF BOARD.— The board
of trustees shall possess all the powers necessary to accomplish
the objects and perform the duties prescribed by law, and shall
have the custody of the books, records, buildings and all other
property of such university. The board shall elect a president
102 GENERAL SCHOOL LAWS,
and a secretary who shall perform such duties as may be pre-
scribed by the by-laws of the board. The secretary shall keep a
correct record of all transactions of the board, and of the com-
mittees thereof, and in addition to performing the duties of sec-
retary, he shall 'be the superintendent of the buildings and
grounds of the university and discharge such other duties as may"
from time to time 'be prescribed by the board of trustees.
Sec. 879. MEETINGS OF THE BOARD.— The time for the
election of the president and secretary of such board and the
duration of their respective terms of office, the time for holding
'the regular annual meeting, and such other meetings as may be
required, and the manner of giving notice of the same shall be
determined by the board. Four members shall constitute a
quorum for the transaction of business, but a less number may
^adjourn from time to time.
Sec. 880. NUMBER OF MEETINGS LIMITED.— Such board
shall not hold more than twelve sessions in any year and sucli
sessions shall not exceed twenty-four days in the aggregate ; but
the governor may in his discretion authorize additional sessions.
Sec. 881. GOVERNMENT OF UNIVERSITY. POWERS OF
TRUSTEES.— The board of trustees shall adopt rules for the
government of the university in all its branches; elect a presi-
dent and the requisite number of professors, instructors, officers
and employees, fix the salaries and the term of office of each, and
determine the moral and educational qualifications of applicants
for admission to the various courses of instruction; but no in-
struction, either sectarian in religion or partisan in politics shall
ever be allowed in any department of the university, and no sec-
tarian or partisan test shall ever be allowed or exercised in the
appointment of trustees, or in the election of professors, teachers
or other officers of the university, or in the admission of students
thereto or for any purpose whatever. Such board shall have
power to remove the president or any professor, instructor or
officer of the university, when in its judgment the interests of
the university require it. The board may prescribe rules and
regulations for the management of the library, cabinets, museum,
laboratories and all other property of the university and of
its several departments and for the care and preservation there-
of, with suitable penalties and forfeitures by way of damages
for their violation, which may be sued for and collected in the
name of the board before any court having jurisdiction.
Sec. 882. BOARD MAY EXPEND INCOME.— The board is
authorized to expend such portion of the income of the university
fund as it may deem expedient for the erection of suitable build-
STATE OF NORTH DAKOTA. 103
ings and the purchase of apparatus, a library, cabinets and addi-
tions thereto; and, if deemed expedient, it may unite with the
university as a branch thereof any college in the state, upon ap-
plication of its board of trustees; and such college so received
shall become a branch of the university and be subject to visita-
tion by the trustees.
Sec. 883. BOARD TO MAKE REPORT, WHEN.— At the close
of each fiscal year the trustees through their president shall
make a report in detail to the governor, exhibiting the progress,
condition and wants of each of the colleges embraced in the uni-
versity, the course of study in each, the number of professors and
students, the amount of receipts and disbursements, together
with the nature, cost and results of all important investigations
and experiments and such other information as they may deem
important, one copy of which shall be transmitted free by the
governor to each college endowed under the provisions of the act
of congress entitled "An act donating land to the several states
and territories which provide colleges for the benefit of agricul-
ture and mechanic arts," approved July 2, 1862, and also
one copy to the secretary of the interior.
Sec. 884. POWERS OF THE PRESIDENT AND FACULTY.
—The president of the university shall be president of the sev-
eral faculties and the executive head of the instructional force
in all its departments; as such, he shall have authority, subject
to the power of the board of trustees to give general directions
respecting the instruction and scientific investigation of the sev*
eral colleges, and so long as the interests of the institution re-
quire it he shall be charged with the duties of one of the profes-
sorships. The immediate government of the several colleges
shall be intrusted to their respective faculties, but the trustees
shall have the power to regulate the course of instruction and
prescribe the books or works to be used in the several courses,
and also to confer such degrees and grant such diplomas as are
usual in universities, or as they shall deem appropriate, and to
confer upon the faculty, by 'by-laws, the power to suspend or
expel students for misconduct or other causes prescribed in such
bylaws.
Sec. 885. OBJECT AND DEPARTMENTS OF THE UNI-
VERSITY.— The objects of the university shall be to provide the
means of acquiring a thorough knowledge of the various branches
of learning connected writh scintific, industrial and professional
pursuits, in the instruction and training of persons in the theory
and art of teaching, and also instruction in the fundamental laws
of this state and of the United States in regard to the rights and
duties of citizens, and to this end it shall consist of the following
branches or departments:
104 GENERAL SCHOOL LAWS,
1. The college or department of arts.
2. The college or department of letters.
3. The normal college or department.
4. The school of mines, the object of which shall be to furnish
facilities for the education of such persons as may desire to re-
ceive instruction in chemistry, metallurgy, mineralogy, geology,
mining, milling and engineering.
5. The military department or school, the object of which
shall be to instruct and train students in the manual of amis and
such military 'maneuvers and tactics as are taught in military
colleges.
6. Such professional or other colleges or departments as now
are or may from time to time be added thereto or connected
therewith, and the board of trustees is hereby authorized to es-
ta/blish such professional and other colleges or departments as
in its judgment may be deemed necessary and proper; but no
money shall be expended toy the board in establishing and organ
izing any of the additional colleges or departments provided for
in this section, until an appropriation therefor shall have first
•been made.
Sec. 886. COURSES OF INSTRUCTION.— The college or de-
partment of arts shall embrace courses of instruction in mathe-
matical, physical and natural sciences, with their application to
industrial arts -such as agriculture, mechanics, engineering, min-
ing, and metallurgy, manufactures, architecture and commerce
and such branches included in the college of letters as shall be
necessary properly to fit the pupils in the scientific and practical
courses for their chosen pursuits, and in military tactics. In
the normal department the proper instruction and learning in
the theory and art of teaching and in all the various branches
and subjects needful 1,° qualify for teaching in the common
schools; and as soon ais the income of the university will allow,
in such order as the wants of the public shall seem to require,
the courses of sciences and their application to the practical
arts shall 'be expanded into distinct colleges of the university,
each with its own faculty and appropriate title. The college of
letters shall be co-existent with the college of arts, and shall
embrace a liberal course o'f instruction in languages, literature
and philosophy, together with such courses or parts of courses
in the college o*f arts as the trustees shall prescribe.
Sec. 887. SCANDINAVIAN LANGUAGE TAUGHT.— It shall
-be the duty of the trustees to cause to be taught at said institu-
tion the Scandinavian language, and for that purpose shall em-
STATE OF NORTH DAKOTA- 105
ploy as one of the teachers of such institution a professor learned
in that language.
Sec. 888. PUPILS, WHO MAY BECOME.— The university
•shall ibe open to students of both sexes under such regula-
tions and restrictions as the board of trustees may deem proper,
and all able bodied male students of the university may receive
instruction and discipline in military tactics, the requisite arms
for which shall be furnished by the state.
Sec. 889. GRADUATES ENTITLED TO CERTIFICATES TO
TEACH. — After any person has graduated at the university, and
after such graduation has successfully taught a public school in
this state for sixteen months, the superintendent of public in-
struction shall have authority and it shall be his duty to counter-
sign the diploma of such teacher if 'upon examination he is satis-
fied that such person has a good moral character and is possessed
of sufficient learning and ability to teach. Any person holding
a diploma granted by the board of trustees of such university,
certifying that the person holding the same has graduated
from such university, shall after his diploma, has been counter-
signed by the superintendent of public instruction as aforesaid,
be deemed qualified to teach any of the public schools in the
state, and siuch diploma shall be a certificate of such qualifica-
tion until annulled by the superintendent of public instruction.
Sec. 890. TUITION FEES.— No student who shall have been
a resident of the state for one year next preceding his admission
shall be required to pay any fees for tuition in the university,
except in the law department and for extra studies. The
trustees may prescribe rates of tuition for any pupil in the law
department, or who is not a resident as aforesaid, and for teach-
ing extra studies.
iSec. 891. COMPENSATION OF TRUSTEES.— The trustees
shall be entitled to receive the sum of tkree dollars per day for
each day employed in attendance upon sessions of the board and
all traveling expenses necessarily incurred thereby. Upon the
presentation of the proper vouchers containing an itemized state-
ment of the number of days attendance and money actually ex-
pended as above specified, duly verified by the oath of the trustee
and certified by the president and secretary of the board, the
state auditor shall audit such claim and draw his warrant upon
the state treasurer for the amount allowed.
Sec. 892. TRUSTEES TO MAKE RULES AND BY-LAWS.—
The board of trustees shall make rules, regulations and by-laws
for the government and management of the university and of
each department thereof. It shall also prescribe rules, regula-
106 GENERAL SCHOOL LAWS,
tions and toy-laws for the admission of students; but each appli-
cant for admission must undergo an examination to be prescribed
by the board, and shall be rejected if it shall appear that he is
not of good moral character. The board shall also require each
applicant for admission in the normal department, other than
such as shall, prior to admission, sign and file with such board
a declaration of intention to follow the business of teaching in
the cotmmon schools of this state for at least one year, to pay
such fees for tuition as the board may deem proper and reason-
able.
Sec. 893. SALARIES.— The board of trustees shall from time
to time fix the salary of the president, professors and teachers of
such university, and shall certify the same to the state auditor.
Such board shall also from* time to time certify to the state
auditor the amount due such persons for salary, and the state
auditor shall draw his warrants upon the state treasurer for the
amounts so certified.
Sec. 894. SECRETARY OF STATE TO FURNISH LAWS.—
The secretary of state shall deliver to the university tiftv copies
of each volume of the general and special laws of the state, and
the reports of the decisions of the supreme court, hereafter pub*
lished, for use in the way of exchanges and otherwise in the es-
tablishment and maintenance of a law library for the law depart-
ment of such university.
Sec. 895. SUPREME COURT REPORTS, HOW OBTAINED.—
He shall procure for the purpose aforesaid from the publishers
of the supreme court reports fifty copies of each volume thereof
hereafter published, in addition to the number authorized for
other purposes, to be paid for at the same price and in the same
manner as such reports are delivered to the secretary for other
purposes.
Sec. 896. LOAN OF MUSKETS AUTHORIZED.— The adju-
tant general or whoever may be in charge of the state arms shall,
under the direction of the governor, loan to the board of trustees
of such university one hundred muskets and accoutrements or
as many as can be spared, not exceeding that number, the same
to be used for drill purposes, by the students of such university,
versity.
Sec. 897. MUSKETS, WTHEN RETURNED.— In case such
arms and accoutrements are needed by the state at any time, the
governor or adjutant general under his instructions may call
in the same and the trustees of such university shall immediately
turn the same over to such officer in good condition.
STATE OF NORTH DAKOTA. 101
Sec. 898. GEOLOGICAL SURVEY. DUTY OF TRUSTEES.
— It shall be the duty of the board of trustees of the university
to cause to be begun as soon as may be practicable, ,and to carry
on a thorough geological and natural history survey of the state.
Sec. 899. EXTENT OF THE SURVEY.— The geological sur-
vey shall toe carried on with a view to a complete account of the-
mineral kingdom, as represented in the state, including the num-
ber, order, dip and magnitude of the several geological stratar
their richness in ores, coals, clays, peats^, salines and mineral
waters, marls, cements, "building stones and other useful mater-
ials, the value of said substances for economical purposes, and
their accessibility; also an accurate chemical analysis of the-
various rocks, soils, ores, clays, peats, marls and other mineral
substances of which a complete and exact record shall be made.
Sec. 900. METEOROLOGICAL STATISTICS TABULATED.
— The board of trustees shall also cause to be collected and tab-
ulated such meteorological statistics as may be needed to account
for the varieties of climate in the various parts of the state; also
to cause to 'be ascertained by barometrical observations or other
appropriate means, the relative elevations and depressions of the
different parts of the state; and also on or before the completion
of such surveys to cause to be compiled from such actual surveys
and measurements as may be necessary an accurate map of the
state; which map when approved by the governor shall be the
official map of the state.
Sec. 901. SPECIMENS COLLECTED.— It shall be the duty
of said board to cause proper specimens, skillfully prepared, se-
cured and labeled of all rocks, soils, ores, coals, fossils, cements,,
'building stones, plants, woods, skins and skeletons of animals,,
birds, insects and fishes, and other mineral, vegetable and animal
substances and organisms discovered or examined in the course
of said surveys, to fee preserved for public inspection free of cost,,
in the university of North Dakota, in rooms convenient of access
and properly warmed, lighted, ventilated and furnished, and in
charge of a proper scientific curator; and they shall also, when-
ever the same may be practicable, cause duplicates in reasonable
num'bers and quantities of the above named specimens, to be col-
lected and preserved for the purpose of exchange with other state
universities and scientific institutions, of which latter the Smith-
sonian institution at Washington shall have the preference.
Sec. 902. MAP OF THE STATE.— The board shall cause a
geological map of the state to be made as soon as may be prac-
ticable, upon which by colors and other appropriate means and!
devices the various geological formations shall be represented.
108 GENERAL SCHOOL LAWS,
Sec. 903. ANNUAL REPORT OF TRUSTEES.— It shall be
the duty of the board, through its president, to make on or before
the second Tuesday in Decernlber of each year, a report showing
the progress of said surveys, accompanied by such maps, draw-
ings and specifications as may be necessary and proper to ex-
•emplify the same to the governor, who shall lay the same before
the legislative assembly, and the board upon the completion of
.any separate 'portion of any of the said surveys shall camse to be
prepared a memoir or final report which shall embody in a con-
venient manner all useful and important information accumu-
lated in the course of the investigation of the particular depart-*
inent or portion; which report or memoir shall likewise be com-
municated through the governor to the legislative assembly.
Sec. 904. STATE GEOLOGIST.-— The professor of geology in
the university shall be ex-officio state geologist.
Sec. 904a. APPROPRIATION FOR EXPENSES GEOLOG-
ICAL SURVEY. — There is hereby appropriated out of any funds
in the state treasury not otherwise appropriated the sum of six
hundred dollars .biennially to meet the expenses of traveling and
other necessary expenses connected with a geological survey of
the state in accordance with the law providing for a geological
.survey.
ARTICLE 2. — NORMAL SCHOOLS.
Sec. 905. NORMAL SCHOOLS LOCATED.— The normal
school as established and located at the city of Mayville in the
county of Traill, and the normal school as established and located
at the city of Valley City in the county of Barnes, shall continue
to toe the normal schools of the state.
Sec. 906. ENDOWMENT AND MAINTENANCE.— All pro-
ceeds accumulating in the interest and income fund arising from
the sale or rental of the lands granted or hereafter to be granted
by the state of North Dakota, for such normal schools, are hereby
pledged for the establishment and maintenance of such schools.
Sec. 907. MANAGEMENT OF.— The government and man-
agement of such schools are vested in a board of trustees to be
known as the board of trustees of the state normal schools, and
in a board of management for each school to be known as the
board of management of the normal school at Mayville, and the
board of management of the normal school at Valley City respect-
ively.
Sec. 908. BOARDS, HOW CONSTITUTED.— The board of
management for each normal school shall consist of five mem-
STATE OF NORTH DAKOTA. 1Q9>
foers. The board of trustees of such normal schools shall consist
of twelve menibers, ten of whom shall be the members of the
respective 'board of management as herein provided? The gov-
ernor and superintendent of public instruction shall be exofficio
members of such board of trustees, and the superintendent of
public instruction shall act as president of such board.
Sec. 909. TERMS OF TRUSTEES.— The governor shall by and
with the advice and consent of the senate appoint during each
biennial session of the legislative assembly, five members of such
'board of trustees who shall hold their office for four years com-
mencing on the second Tuesday in April following such appoint-
ment. The governor shall fill all vacancies therein by appoint-
ment for unexpired terms. At the first meeting of the board of
management of each normal school the members thereof shall
take and subscribe the oath of office required of all civil officers
and shall proceed to elect a president who shall reside in the
vicinity of such normal school, and the principal of 'the school
shall 'be the secretary of the board but shall have no vote. In
the absence of the principal the board may select one of its mem-
'bers to act as secretary. A majority of the members of the
board of management shall constitute a quorum for the transac-
tion of business.
Sec. 910. COMMISSIONS. SECRETARY.— The governor
shall cause to toe issued to each of the mern'bers of the board of
trustees a commission under the great seal of the state, and such
commission shall designate the board of management upon which
such members shall serve. At the first meeting of the board the
member's thereof shall proceed to select- and appoint a secretary
of the board. A majority of the members of the board of trus-
tees shall constitute a quorum for the transaction of business.
Sec. 911. (Amended.) MEETINGS. COMPENSATION.—
The board of trustees shall meet at Valley City and at Mayville
or at the seat of government at such time each year as may be
decided upon by the board. The members of the board shall
receive the sum of three dollars per day for each day employed
in attendance upon sessions O'f the board of trustees, or the board
of management, and their actual and necessary expenses in at-
tending meetings of the respective boards, or in other duties con-
nected therewith, which expenses shall be paid out of the state
treasury upon the vouchers of the respective boards in the man-
ner provided by law. The board of trustees shall not be in ses«
sion for exceeding eight days in any one year nor either board of
management to exceed twelve days during each year. The sec-
retary of the board of trustees shall receive such salary as shall
be determined by the board not exceeding one hundred dollars a
HO GENERAL SCHOOL LAWS,
jear and his actual expenses incurred in attending meetings of
the board, which shall ibe paid as herein provided for members
•of the board of trustees.
Sec. 912. TREASURER TO KEEP FUNDS.— All moneys aris-
ing if rom the interest and income derived from the rental and sale
of the lands appropriated to such schools and all moneys that
may hereafter be appropriated by the state, including all moneys
raised in any other manner for either of such schools shall be
deposited with the state treasurer, to be -by him kept in two sep-
arate funds, to be known as the fund of the state normal school
at Mayville, and the fund of the state normal school at Valley
City, respectively, and such funds shall 'be used exclusively for
the benefit of such schools.
Sec. 913. OBJECTS OF NORMAL. SCHOOLS.— The objects of
such normal schools shall be to prepare teachers in the science
of education and the art of teaching in public schools. The
board of trustees, with the assistance of the respective faculties,,
shall adopt the full course of study prescribed for that purpose,
which shall embrace the academic and. professional studies
usually taught in normal schools. Such schools shall in all
things be free from sectarian control.
Sec. 914. DUTIES OF BOARD AS TO APPROPRIATIONS.—
The 'board of management of each normal school shall direct the
disposition of all moneys appropriated by the legislative assembly
for current expenses for such school, and shall have supervision
and charge of the construction of all buildings authorized by law
for such school, and shall direct the disposition of all moneys
appropriated therefor or accumulating therefor as provided in
this article. They shall have power to appoint one of their
members superintendent of construction of all buildings, who
shall receive three dollars per day for each day actually and
necessarily engaged in the discharge of his duties, not to exceed
fifty days in any one year, which sum shall be paid out of the
state treasury as herein provided; but all expenditures incurred
under the direction of either of the 'boards aforesaid shall be
audited and allowed by such board of management and the ex-
penditures incurred under the direction of the board of trustees
aforesaid shall be audited and allowed by such board.
Sec. 915. SALARIES OF EMPLOYEES. KEPORTS.— The
board of management of each normal school shall have the care
of the buildings 'belonging to such school. It shall have power
to fix the (salaries of employees, except members of the faculty,
and to prescribe their respective duties, and to remove any of
such employees at any time. It shall at such times as may be
STATE OF NORTH DAKOTA. HI
determined upon propose to the board of trustees the names of
persons as principal, teachers and instructors, with the recom-
mendation that such persons be employed by such 'board of trus-
tees as the faculty of such school. It shall on or before the
third Monday in November of each year, make an annual report
to the board of trustees, showing a statement of all expenditures
of funds under its direction, the erection and care of buildings,
the condition of the schools, and containing such recommenda-
tions as they may think proper.
Sec. 916. SALARIES OF PRINCIPAL AND TEACHERS.—
The board of trustees shall fix the salaries of the principal, teach-
ers and instructors, and shall employ the persons therefor that
have been recommended by the respective boards of management,
unless in the opinion of the board of trustees a reasonable ground
-exists for refusing to employ siuch person. The board of trus-
tees shall prescribe the time and the length of the various terms
of such schools.
Sec. 917. THE FACULTY, DUTIES OF.— The faculty shall
consist of the principal, teachers and instructors employed for
each school as herein provided. They shall pass all needful
rules and regulations for the government and discipline of the
schools, regulating the routine of labor, study, meals and the
duties and exercises and such other rules and regulations as are
necessary for the preservation of morals, decorum and health.
They shall carry out the course of study adopted by the board of
trustees and shall arrange for the classification of all pupils in
conformity therewith.
Sec. 918. DUTY OF PRINCIPAL.— The principal shall be the
-chief executive officer of the school and it shall be his duty to see
that all the rules and regulations are executed. The subordinate
officers and employees shall be under his direction and super-
vision.
Sec. 919. ANNUAL REPORT OF FACULTY.— The faculty
shall, on or before the third Monday in October in each year make
an annual report to the board of trustees showing the general
condition of the school and containing such recommendations as
the welfare of the institution demands.
Sec. 920. BIENNIAL REPORTS TO GOVERNOR.— The board
of trustees shall make a report to the governor on or before the
fifteenth day of November next preceding each biennial session
of the legislative assembly, containing the several reports of the
boards of management and faculties herein provided for, showing
the condition of the funds appropriated for the school, the money
expended and the purpose for which the same was expended, in
112 GENERAL SCHOOL LAWS,
detail, and showing the condition of the normal schools gener-
ally.
Sec. 921. DIPLOMAS.— The board of trustees and the respect-
ive faculties of each school shall have power to issue diplomas to
all persons who shall have completed the course of study pre-
scribed for the normal schools as herein provided, and who shall
have passed a satisfactory examination under the direction of the
board of trustees, upon the branches contained in such course,
and who shall toe known to possess a good moral character, which
diploma shall set forth the above mentioned facts and shall be
designated the state normal school diploma.
Sec. 922. STATE PROFESSIONAL CERTIFICATE.— Any
person who is the holder of such a diploma and who can furnish
satisfactory evidence to the superintendent of public instruction
that he has had three years' successful experience a.s a teacher,
shall be granted by the superintendent of public instruction a
state professional certificate, valid for life, as provided by law,
and any such person who can furnish satisfactory evidence of
one year's successful experience as a teacher shall be granted such
certificate, valid for five years, as provided 'by law. The fees for
such certificate shall be as provided by law.
ARTICLE 4. — AGRICULTURAL COLLEGE.
Sec. 934. LOCATION OF.— The agricultural college shall con-
tinue as now established and located at Fargo in the county of
Cas-s.
Sec. 935. MANAGEMENT OF.— The government and manage-
ment of such college is vested in a board of trustees to 'be known
as the 'board of trustees o-f the agricultural college.
Sec. 936. BOARD OF TRUSTEES, HOW APPOINTED. VA-
CANCIES.— The board of trustees shall consist of seven members,
to be appointed as follows: During each biennial session of the
legislative assemibly there shall be nominated by the governor
and, by and with the advice and consent oif the senate, appointed
for the term of fo-ur years, trustees to fill vacancies occurring by
the expiration of the term of office of those previously appointed.
The governor shall have power to fill all vacancies in such board
which occur when the legislative assembly is not in session, and
the members of such board shall hold their office until their suc-
cessors are appointed and qualified as provided in this article.
Persons appointed to fill vacancies shall hold office only until the
first Tuesday in April succeeding the next session of the legisla-
tive assembly.
STATE OF NORTH DAKOTA. 113
Sec. 937. COMMISSION. OATH. ORGANIZATION.— The*
governor shall cause to -be issued to each trustee so appointed a
commission under the great seal of the state. At the first meet-
ing of such board the members thereof shall take and subscribe
the oath of office required of other civil officers and shall then
proceed to elect a president, secretary and treasurer, but the
treasurer shall not 'be a member of the board. A majority of the
members of the board shall constitute a quorum for the transac-
tion of business. The 'board shall require a bond of its treasurer
in such an amount and with such sureties as it may deem proper.
Sec. 938. MEETINGS, WHERE HELD. COMPENSATION
OF TRUSTEES.— The 'board shall hold its meetings at the city
of Fargo at such times as it may designate, but there shall not be
to exceed six regular meetings each year; provided, that the pres-
ident of the board shall have power to call special meetings
whenever in his judgment it becomes necessary. The members
of the board shall receive as compensation for their services the
sum of three dollars per day for each day employed and five cents
per mile for each mile actually and necessarily traveled in at-
tending the meetings of the board, which sum shall be paid out
of the state treasury upon vouchers of the board duly certified
by the president and secretary thereof.
Sec 939. DUTIES OF BOARD.— Such board shall direct the
disposition of all moneys appropriated by the legislative assemlbly
or 'by the congress of the United States, or that may be derived
from the sale of lands donated by congress to the state for such
college, or that may be donated to or come from any source to the
state for said college, or experiment station for North Dakota,
subject to all restrictions imposed upon such funds either by the
constitution or laws of the state or by the terms of such grants
from congress, and shall have supervision and charge of the con-
struction of all ibuildings authorized by law for such college and
station. The board shall have power to employ a president and
necessary teachers, instructors and assistants to conduct such
school and carry on the experiment station connected therewith
and to appoint one of its members superintendent of construction
of all buildings, who shall receive three dollars per day for each
day actually and necessarily engaged in the discharge of his
duties, not to exceed fifty days in any one year, which sum shall
be paid out o-f the state treasury upon the vouchers of said board.
Sec. 940. COURSE OF INSTRUCTION.— The object of such
college shall be to afford practical instruction in agriculture and
the natural sciences connected therewith, and in the sciences
which bear directly upon all industrial arts and pursuits. The
course of instruction shall embrace the English language and lit-
114 GENERAL SCHOOL LAWS,
erature, mathematics, military tactics, civil engineering, agricul-
tural chemistry, animal and vegetable anatomy and physiology,
the veterinary art, entomology, geology and such other natural
sciences as may be prescribed, political, rural and household
economy, horticulture, moral philosophy, history, bookkeeping
and especially the application of science and the mechanic arts
to practical agriculture. A full course of study in the institu-
tion shall embrace not less than four years, and the college year
shall consist of not less than nine calendar months, which may
be divided into terms by the board of trustees as in its judgment
will best secure the o'bjects for which the college was founded.
Sec. 941. BOARD OF TRUSTEES TO FIX SALARIES.— The
board of trustees shall fix the salaries of the president, teachers,
instructors and other employees and prescribe their respective
duties. The board shall also fix the rate of wages to be allowed
the students for labor on the farm and experiment station or in
the shops or kitchen of the college. The board may remove the
president or subordinate officers and supply all vacancies.
Sec. 942. FACULTY TO ADOPT RULES AND REGULA-
TIONS.— The faculty shall consist of the president, teachers and
instructors and shall pass all needful rules and regulations for
the government and discipline of the college, regulating the rou-
tine of labor, study, meals and the duties and exercises, and all
such rules and regulations as are necessary for the preservation
of morals, decorum and health.
Sec. 943. DUTIES OF PRESIDENT.— The president shall be
the chief executive officer of the college and it shall be his duty
to see that all rules and regulations are executed, and the subor-
dinate officers and employees not members of the faculty shall be
under his direction and supervision.
Sec. 944. FACULTY TO MAKE ANNUAL REPORT TO
BOARD. — The faculty shall make an annual report to the board
of trustees on or before the first Monday in November of each
year, showing the condition of the school, experiment station and
farm and the results of farm experiments and containing such
recommendations as the welfare of the institution demands.
Sec. 945. ANNUAL REPORT TO GOVERNOR.— The board
of trustees shall on or before the fifteenth day of November in
each year 'make a report to the governor setting forth in detail
the operations of the experiment station, including a statement
of the receipts and expenditures, a copy of which report shall be
sent by the governor to the commissioner of agriculture and to
the 'secretary of the treasury of the United States, and the board
shall also make a report to the governor on or before the fifteenth
STATE OF NORTH DAKOTA. 115
•day of November next preceding each biennial session of the leg-
islative assembly, containing a financial statement showing the
condition of all funds appropriated for the use of such college
and experiment station, also the moneys expended and the pur-
poses for which the same were expended, in detail, also the condi-
tion of the institution and the results of the experiments carried
on there.
Sec. 946. HONORARY DEGREES MAY BE CONFERRED.—
The board and the faculty shall have power to confer de-
grees upon all persons who shall have completed the course of
study prescribed by them, and who shall have passed a satis-
factory examination in the branches contained in such course,
and who possess a good moral character.
Sec. 1)47. EXPERIMENT STATION.— The agricultural ex-
periment station heretofore established in connection with such
college is continued and the same shall be under the direction of
the board of trustees of such college, for the purpose of conduct-
ing experiments in agriculture according to the provisions of
section 1 of the act of congress approved March 2, 1887, entitled
•"An act to establish agricultural experiment stations in connec-
tion with the colleges established in the several states under the
provisions of an act approved July 2, 1862. and of the acts supple-
mentary thereto."
Sec. 948. LEGISLATIVE ASSENT TO GRANT BY CON-
GRESS.— The assent of the legislative assembly is hereby given
in pursuance of the requirements of section 9 of said act of con-
gress, approved March 2, 1887, to the grant of money therein
made and to the establishing of an experiment station in accord-
ance with section 1 of said last mentioned act, and assent is
herefoy given to carry out the provisions of said act.
Sec. 949 ACCEPTANCE OF LAND GRANT.— The grants of
land accruing to this state by virtue of an act of congress donat-
ing public lands for the use and support of agricultural colleges
approved February 22, 1889, is hereby accepted with all the con-
ditions and provisions in said act contained, xand said lands are
hereby set apart for the use and support of the colleges herein
provided for.
Sec. 950. BOND OF TREASURER.— The treasurur of such
college shall give a bond in the sum of fifty thousand dollars with
at least four sureties to be approved by the board of trustees of
such college, conditioned for the faithful accounting of all moneys
received by him as such treasurer.
116 GENERAL SCHOOL LAWS,
AGRICULTURAL AND GEOLOGICAL SURVEY.
(Chapter 8, Laws 1901.)
Section 1. AGRICULTURAL COLLEGE BOARD CO-OP-
ERATE.— The board of trustees of the agricultural college
of the state of North Dakota is hereby authorized to co-
operate with the directors of the United States federal sur-
veys and to accept the co-operation of the United States with
this state in executing a topographic, economic and agri-
cultural survey and map of North Dakota, which is hereby
authorized to be made; and the said board of trustees shall
have the power to arrange with said directors, or other au-
thorized representatives of the United States government
surveys, concerning the details of said work, the methods of
its execution, and the order in part of time in which these
surveys and maps of the different parts of the state shall ibe
completed; provided, that the said directors of the United
States government survey, thus co-operating with the state
of North Dakota, shall agree to expend on the part of the
United States *upon said work a sum equal to that appropri-
ated by the state of North Dakota for that purpose.
Sec. 2. MAPS UNIFORM WITH U. S. MAPS.— In arrang-
ing the details heretofore referred to, it is expected that the
topographic maps resulting from this survey shall be similar
in general design to the Fargo and Cas-selton sheets already
made 'by the United States geological survey; that they shall
show the location of all roads, railroads, streams, lakes and
rivers, and shall contain certain lines showing the elevation
and depression for every twenty feet of vertical interval of
the surface of the county ; and that the resulting maps shall
recognize the co-operation of the state of North Dakota.
Sec. 3. MAKE AN ECONOMIC SURVEY.— Following
the completion of the topographic maps, or as rapidly as deemed
expedient, an economic survey shall be made, including a
complete account of all economic resources of agricultural
importance, including the character and value of soil for
agricultural purposes, the nature and extent of water sup-
plies, both surface and artesian, together with the analysis
of soils, waters, etc., including also the collecting and tabu-
lating of meteorological data necessary in explaining clim-
atic variations, and such other investigations as naturally
'belong to an economic survey.
STATE OF NORTH DAKOTA. H7
Sec. 4. STATE DIRECTOR TO COLLECT SAMPLES.—
It shall be the duty of the state director of this survey to
collect or cause to be collected samples of all rocks, ^oils,
coals, clays, minerals, fossils, plans, woods, skins and skele-
tons of native animals, and such other products of economic
or scientific interest discovered during this survey, which
properly secured and labeled, shall be placed on exhibition
in the museum of the North Dakota agricultural college.
Sec. 5. ARRANGE TO PUBLISH MAPS.— The state
director of this survey shall arrange with the directors of
the government surveys for the publications of economic
maps resulting from this survey, which shall be similar in
design to, and uniform with the publication now made by
these surveys accompanied by (a) the written description of
the formations and economic resources, which shall consti-
tute a report, embodying and setting forth all useful infor-
mation developed during these investigations.
Sec. 6. PUBLISH REPORTS.— There shall be published
from time to time, as bulletins of the North Dakota experi-
ment station, preliminary reports of this survey, as the work
progresses, showing the results of the survey and investiga-
tions conducted, together with preliminary maps, showing
the areas covered, and these preliminary reports shall be
sent gratis to all citizens of North Dakota making appli-
cation.
Sec. 7. MAKE BIENNIAL REPORT TO GOVERNOR.—
It shall be the duty of the said board of trustees, through the
state director of this survey, to make on or before the second
Tuesday of December of each year, immediately preceding
the regular sessions of the legislative assembly of North Da-
kota, a biennial report to the governor, showing cho progress
of the survey, accompanied by copies of the maps completed
and results accomplished, together with a report of all
moneys received and expended; and the governor shall lay
this report before the legislative assembly.
Sec. 8. STATE DIRECTOR.— The professor jf geology ^f
the North Dakota agricultural college shall act, mde:* the
direction of the board of trustees of said institution, as state
director of this survey.
Sec. 9. APPROPRIATION.— There is hereby appropri-
ated out of the money oif the state treasury, not otherwise
appropriated, the sum of five hundred dollars $500) annually,
118 GENERAL SCHOOL LAWS,
which shall be paid by the state treasurer upon a draft from
the secretary of the board of trustees, having in control this
survey.
Sec. 10. NAME. — This survey shall be known as the Agri-
cultural College survey of North Dakota.
Sec. 11. NOT CONFLICTING.— This act is not to be con-
strued as conflicting in any manner with or repealing the
geological survey of North Dakota already established at the
state university.
Sec. 12. BELONG TO THE STATE.— Any lands belonging
to the state, or lands known as school lands and public insti-
tution lands, in which is discovered any valuable deposit of
coal or 'minerals of any kind, clay, gravel or stone shall be
and remain the property of the state until provision for the
sale or leasing thereof is especially provided for by law.
AKTICLE 5. — DEAF AND DUMB ASYLUM.
Sec. 951. LOCATION.— The deaf and dumb asylum as located
by the constitution at Devils Lake shall continue to be the insti-
tution for the support and education of he deaf and dumb chil-
dren of the state.
Sec. 952. BOARD OF TRUSTEES, HOW APPOINTED.—
Such institution shall be under the supervision of a board of
trustees consisting of five members, who shall be appointed by
the governor by and wTith the advice and consent of the senate.
At each biennial session of the legislative assembly the governor
.shall nominate and, by and with the advice and consent of the
senate, appoint for the term of four years, trustees to fill vacan-
cies occurring by the expiration of the term of office of those
previously appointed, and the governor shall have power to fill
all vacancies in the board w hich shall occur when the legislative
assembly is not in session, and the members of such board shall
hold their office for the term of four years commencing on the
first Tuesday in April succeeding their appointment, and until
their successors are appointed and qualified, except members
appointed to fill vacancies during the recess of the legislative
assemJbly, which members shall hold only until the first Tuesday
in April succeeding the next regular session of the legislative
assembly.
STATE OP NORTH DAKOTA. H9
Sec. 953. ORGANIZATION. MEETINGS.— Such trustees
shall meet in the city of Devils Lake. They shall choose from
among their number a president and secretary, who shall hold
office for two years, and until their successors are appointed and
qualified. Three members of the board shall constitute a
quorum for the transaction of business. Such 'board shall meet
annually in the month of April and as often thereafter as may
be deemed necessary for the proper transaction of business, upon
the call of the president or secretary.
Sec. 954. OATH. DUTIES OF OFFICERS OF BOARD.—
Each member of the board shall before entering uipon his duties
take and subscribe the oath required o<f other civil officers, which
oath shall 'be filed in the office of the secretary of rat-ate. The
president shall preside at all meetings of the board when pres-
ent and in his absence a president pro tempore may be named to
perform the duties of president. The secretary shall keep a cor-
rect record of the proceedings of the board and have charge, in
trust for the institution, of all papers and records of the same.
Sec. 955. BOARD TO DIRECT DISPOSITION OF MON-
EYS.— The board shall direct the disposition of all moneys ap-
propriated by the legislative assembly or received from any
other source for the benefit of sucn institution.
Sec. 956. DUTIES OF BOARD.— Such board shall have gen-
eral supervision of the institution, adopt rules for the govern-
ment thereof, employ and fix the salaries of all employees, pro-
vide necessaries for the institution and perform other duties,
not devolving upon the principal, necessary to render it efficient
and to carry out the provisions of this article.
Sec. 957. INDEBTEDNESS LIMITED.— The board shall not
create any indebtedness against such institution exceeding the
amount appropriated by the legislative assembly for the use
thereof.
Sec. 958. COMPENSATION OF MEMBERS OF BOARD.—
The members of the board shall receive as compensation for their
services three dollars per day for each day employed, and five
cents per mile for each mile actually and necessarily traveled
in attending meetings of the board, to be paid out of the state
treasury upon vouchers of the board duly certified by the presi-
dent and secretary thereof.
Sec. 959. FEE FOR NONRESIDENT CHILDREN.— Deaf and
dumb children, not residents of this state, of suitable age and
capacity, shall be entitled to an education in such school on pay-
ment to the state treasurer of the sum of one hundred and eighty
120 GENERAL SCHOOL LAWS,
dollars per annum, in advance, but such children shall not be
received to the exclusion of children of this state.
Sec. 960. RESIDENTS ENTITLED TO EDUCATION FREE.—
Each deaf and dumb person, who is a resident of this state, of
suitable age and capacity, shall be entitled to receive an educa-
tion in such institution at the expense of the state.
Sec. 961. DEAF TO BE REPORTED TO PRINCIPAL OF
SCHOOL. — The assessors of each county shall annually report
to the county auditor the names, ages, post office address and
names of parents or guardian of each deaf and dumb person
between the ages of five and twenty -five years residing in his dis-
trict, including all such persons as may be too deaf to acquire an
education in the common schools. Such county auditor shall,
on or 'before the first day of August in each year, send a list con-
taining the names, ages and residences of all such 'persons to the
principal of the school.
Sec. 962. ACCOUNTS FOR CLOTHING, HOW COL-
LECTED.— When the pupils of such institution are not other-
wise provided or supplied with suitable clothing, they shall be
furnished therewith by the principal, who shall make out an ac-
count thereof in each case against the parent or the guardian,
if the pupil is a minor, and against the pupil if he has no parent
or guardian or if he has attained the age of majority; which
account shall be certified to be correct by the principal, and
when so certified such account shall be presumed correct in all
courts. The principal shall thereupon transmit such account
by mail to the county treasurer of the county from which the
pupil so supplied shall have come; and such treasurer shall pro-
ceed at once to collect the amount by suit in the name of his
county, if necessary, and pay the same into the state treasury.
The principal shall at the same time remit a duplicate of such
account to the state auditor, who shall credit the same to the
account of the school and charge it to the proper county; pro-
vided, that if it shall appear by the affidavit of three disinter-
ested citizens of the county, not of kin to the pupil, that such
pupil or hisi parents would be unreasonably oppressed by such
suit, then such treasurer shall not commence such action, but
shall credit the same to the state on his books and report the
amount of such account to the board of county commissioners
of his county, which board shall levy a sufficient tax to pay the
same to the state and cause the same to be paid into the state
treasury.
Sec. 963. TRANSPORTATION OF INDIGENT PERSONS,
HOW PAID. — The board of county commissioners shall order
STATE OF NORTH DAKOTA. 121
to 'be paid the expenses of transportation to and from such insti-
tution of any indigent deaf and dumb children entitled to ad-
mission thereto, and they shall at the time of levying other taxes,
levy a tax sufficient to reimburse the county therefor. In order
to avoid long delay in transporting indigent children to and from
the institution, the principal may, upon correspondence with the
auditor of such county, pay such transportation and forward to
such county auditor an itemized statement of the expenses. The
board of county commissioners shall order the county treasurer
to draw his warrants for such amount in favor of the principal
of the institution,who shall account for such money as provided
by law.
Sec. 904. FACULTY. DUTIES OF PRINCIPAL.— The officers
of the institution shall be a principal and a matron. The prin-
cipal shall be a capable person, skilled in the sign language and
all the methods in use in educating the deaf, and shall have
knowledge of the wants and requirements of the deaf in their
proper training and instruction. The principal and matron must
reside at the institution. The principal shall receive a salary
of not less than fifteen hundred dollars per annum. The princi-
pal shall annually make to the board of trustees a written report
stating in full the true condition of the educational, the domestic
and the industrial departments of the institution and his action
and proceedings therein, which report shall be embraced in the
report of the trustees to the governor. He shall keep and have
charge of all necessary records and registers of each depart-
ment and have the supervision of teachers, pupils and servants
and perform such other duties as the board may require. He
may recommend and with the approval of the board employ all
assistants needed therein. He shall have special charge of the
male pupils, out of school hours, and shall furnish them with
employment about the premises or in some trade to which they
are adapted when such trades have been organized and estab-
lished at the institution by the trustees and provision for their
maintenance made by the legislative assembly. The proceeds
and products arising from the labor and employment of the
pupils shall inure to the use and benefit of the institution.
Sec. 965. DITTY OF MATRON.— The matron of the school
shall have control of the internal arrangement and management
of the institution and of the female pupils, out of school hours.
She shall instruct the female pupils in the domestic arts or in
some trade to which they are adapted, under the direction of
the principal.
Sec. 966. BOARD TO MAKE BIENNIAL REPORTS.— The
board of trustees shall on or before the fifteenth day of Novem-
122 GENERAL SCHOOL LAWS,
ber preceding each regular session of the legislative assembly
make a full and complete report to the governor, showing :
1. A statement of the financial condition of the institution
from the date of the last report, giving in detail the amount of
moneys received from all sources and the amount expended.
2. The value of real estate and buildings at the date of the
last report and the cost of improvements made, if any, since such
report.
3. The number of pupils in attendance, their names, ages, resi-
dences, and cause of deafness; also the number that have entered
the institution, and the number of those who have left since the
last report.
4. The numiber and cause of deaths, if any, which have oc-
curred in the institution since the last report.
5. The improvement, health and discipline of the pupils.
G. The names of the officers, teachers and servants employed.
7. All other needful information touching such matters as.
may be deemed of interest.
8. Such recommendations as may be deemed needful.
Sec. 96Gb. DISPOSITION OF MONEY RECEIVED.— All
money that shall arise from the interest received on all moneys
derived from the sale of lands hereinbefore or that may hereafter
be appropriated for said deaf and dumb asylum, including all
money that may be received from the renting of said land and all
moneys that may he hereafter appropriated for said deaf and
dumb asylum, by the state of North Dakota, including all money
raised in any other manner or donated to said asylum, shall be
deposited with the state treasurer, to be kept by him in a separate
fund, which shall be known as the deaf and dumb asylum fund,
and be used exclusively for the benefit of said deaf and dumlb
asylum as may be herein or hereafter provided.
Sec. 966c. BOOKS OPEN TO INSPECTION.— Every duty and
contract to be performed by said trustees must receive the ap-
proval of the majority of the board in regular session duly called.
in order to make binding and valid. All (proceedings of said
board shall 'be fecoTded in a book kept for that purpose, and open
to the inspection of anybody on request.
Sec. 966d. ITEMIZED VOUCHERS.— All moneys that may
come into the treasury of the state of North Dakota, and credited
to the deaf and dumb asylum, shall be paid out to the persons en-
titled thereto, and the state auditor is hereby directed to draw his
warrant on the funds in the hands of the state treasurer belonging
STATE OF NORTH DAKOTA.
to said deaf and dumb asylum, upon the written order of the said
board of trustees, which order shall be accompanied by itemized
vouchers for the full amount of such order; provided, no such
order shall be issued until there is cash in the treasury writh
which to pay the same.
Sec. 9G6e. NO COMPENSATION.— The trustees shall receive
no compensation for performing the duties herein prescribed.
ARTICLE 6. — BLIND ASYLUM.
Sec. 967. LOCATION AND GOVERNMENT.— There is here-
by established and located at Bathgate in Pembina county, a
blind asylum, wrhich shall be known by the name of the North
Dakota Blind Asylum. The government and management of
said asylum is hereby vested in a board of trustees consisting of
five members, which shall be styled the Board of Trustees of the
North Dakota Blind Asylum.
Sec. 968. TRUSTEES, HOW APPOINTED. LENGTH OP
TERM. — The members of the board shall be nominated by the
governor, and, by and with the advice and consent of the senate,
shall be appointed on or before the third Monday of February of
each biennial session of the legislative assembly, for a period of
four years from said date ; provided, however, that the first board
of trustees shall be appointed by the governor at once upon the
taking effect of this article; provided, further, that the terms of
the first board shall be, three members for the period of four
years, and two members for the period of two years, the length
of the term of the respective trustees to be designated by the
governor in making the appointments. Such appointments shall
be made by and wTith the advice and consent of the senate, when
the legislative assembly is in session ; otherwise, the trustees ap-
pointed shall qualify and hold office until their successors are
appointed and qualified. The governor shall have power to fill
all vacancies which may occur in said board when the legislative
assembly is not in session, and the members of said board shall
hold their office until their successors are appointed and qualified
as provided herein.
Sec. 969. ORGANIZATION OF BOARD. QUORUM.— The
governor shall cause to be issued to each of said trustees a com-
mission, which shall be under the great seal of the state. At
the first meeting of said board the members thereof shall take
and subscribe the oath of office required of all civil officers and
shall then proceed to elect a president, secretary and treasurer,
but the treasurer need not 'be a member of the board. A major-
ity of the trustees shall constitute a quorum for the transaction
124 GENERAL SCHOOL LAWS,
of -business. The board shall require a bond of its treasurer and
fix the amount thereof.
Sec. 970. MEETINGS OF BOARD. COMPENSATION.— The
board shall hold its meetings at Bathgate and fix the time of
holding the same; provided, there shall not be to exceed twelve
regular meetings in each year. The members of the board shall
receive as compensation for their services three dollars per day
for each day employed, not to exceed twenty-four days in any
one year, and five cents per mile for each mile actually and neces-
sarily traveled in attending the meetings of the board, which sum
shall be paid out of the state treasury on the vouchers of said
board; provided, that until such time as the legislative assembly
shall make an appropriation for the construction and mainte-
nance of such asylum, or until there shall be derived from the
interest on the proceeds of sales of or rents derived from the
thirty thousand acres appropriated for this asylum, 'Sufficient
funds to construct and maintain such asylum, the sum of five
thousand dollars, the trustees appointed under this article shall
receive no compensation whatever, nor shall they issue their war-
rant upon the state treasury for any purpose whatever.
Sec. 971. PROCEEDS FROM LAND GRANT.— The thirty
thousand acres of land donated by congress for the purpose of
such blind asylum and appropriated by the constitution of this
state therefor, and all moneys received from the interest and
income derived from the sales of such lands or rents derived from
the leasing of such lands, are hereby appropriated for the con-
struction and maintenance of said asylum.
Sec. 972. BY-LAWS AND RULES OF REGULATION.— The
board shall direct the disposition of all moneys appropriated by
the legislative assembly or the interest on all moneys that may
~be derived from the >sale, or the rent derived from the leasing of
land donated by congress to this state and by the constitution of
the state appropriated for such asylum, and shall have super-
vision and charge of the construction of all buildings provided
for or authorized by law for said asylum. Said board shall have
power to enact by-laws and 'rules for the regulation of all its con-
cerns not inconsistent with the laws of this state, to see that its
affairs are conducted in accordance with the requirements of law;
to provide employment and instruction for the inmates; to ap-
point a superintendent, a steward, a matron, a teacher or teach-
ers, and such other officers as in its judgment the wants of the
institution may require, and prescribe their duties ; to exercise a
general supervision over the institution, its officers and inmates,
nx the 'salaries to be paid to the officers and to order their re-
moval, upon good cause.
STATE OF NORTH DAKOTA. 125
Sec. 973. REPORTS, WHEN MADE.— The board shall make
a report to the governor on or before the last Monday in Decem-
ber next preceding each biennial session of the legislative assem-
bly containing a financial statement showing the condition of all
funds appropriated for the asylum; also the money expended
and the purpose for which the same was expended in detail; also
showing the condition of the institution generally.
Sec. 973a. INSTRUCTION OF BLIND CHILDREN.-— Until
otherwise provided the governor is hereby authorized to contract
with the state of South Dakota, or with the state of Minnesota,
for the care and instruction of blind children of school age, and
shall authorize the state auditor to issue warrants upon the state
treasury for that purpose.
ARTICLE 7. — INDUSTRIAL SCHOOL.
Sec. 974. LOCATION OF SCHOOL.— The industrial school as
established and located at the city of Ellendale, Dickey county,
North Dakota, shall continue to be an industrial school and a
school for manual training, the object of such industrial school
to be instruction in the comprehensive way in wood and iron-
work and the various other branches of manual training, cooking,
sewring, modeling, art work and the various other branches of
domestic economy as a co-ordinate branch of education together
with mathematics, drawing and other necessary common school
studies.
Sec. 975. ENDOWMENT.— All proceeds accumulating in the
interest and income fund arising from the sale or leasing of all
lands granted or hereafter to be granted by the state of North
Dakota or by the constitution of the state of North Dakota for
the said industrial school, are hereby pledged for the establish-
ment and maintenance of said industrial school.
Sec. 976. MANAGEMENT.— The management and govern-
ment of such school shall be vested in a board of trustees, con-
sisting of five members, two of whom shall be residents of Dickey
county, to be known as the board of trustees of the industrial
school, and to be appointed as provided in this section. The
members of the board shall be nominated 'by the governor and by
and with the consent of the senate, shall 'be appointed on or be-
fore the third Monday in February of each biennial session of the
legislative assembly, for a period of four years from said diate~
provided, however, that the first board of trustees shall be ap-
pointed by the governor at once upon the taking effect of this
article, and provided, further, that the term of the first board
shall ibe, three .members for a period of four years and two mem-
126 GENERAL SCHOOL LAWS,
bers for a period of two years, the length of the term of the
respective trustees to ibe designated by the governor in making
the appointments. Such appointments shall be made by and
with the consent of the senate, when the legislative assembly is
in session, otherwise the trustees aippointed shall qualify and hold
office until their successors are appointed and qualified. The
governor shall have power to fill all vacancies which may occur
in said board when the legislative assembly is not in session.
and the members of said board shall hold their office until their
successors are appointed and qualified as provided herein.
Sec. 977. MEETINGS OF BOARD. COMPENSATION.— The
board 'shall hold its meetings at the city of Ellendale, in Dickey
county, and fix the time for holding the same. They shall not
liold to exceed six regular meetings each year ; provided, that the
president of the board shall have power to call special meetings,
whenever in his judgment it becomes necessary. At their first
meeting they shall proceed to elect a president and a secretary,
but the secretary need not be a member of the board oif trustees.
.and at said meeting they shall adopt a seal for said state indus-
trial school. A majority of the board shall be a quorum. . Each
trustee and the secretary shall receive three dollars per day for
each day necessarily employed in attendance upon sessions of the
board, and five cents per mile for each mile necessarily traveled,
to be paid on presentation o.f proper vouchers containing an item-
ized statement of the number of days in attendance and miles ac-
tually traveled as above provided, duly verified by his oath and
approved by the president and secretary of the board, and the
state auditor shall audit <such claims and draw his warrants upon
the state treasurer for the amounts so allowed.
Sec. 978. OATH. BOND. PLANS AND SPECIFICA-
TIONS.— Before entering upon the duties of his office each mem-
ber of said board of trustees shall take and subscribe an oath as
follows: "I do solemnly swear that I will support the constitu-
tion of the United States and the constitution of the state of
North Dakota and will faithfully discharge the duties of board of
trustees of the state industrial school according to the best of my
ability; that I have not received and will not knowingly and in-
tentionally, directly or indirectly, receive any money or other con-
sideration from any source whatever for any v6te or influence I
may give or withhold or for any other official act I may perform
as such trustee, except as herein provided." He shall also exe-
cute a bond in the penal sum of three thousand dollars, for the
use and benefit of the state of North Dakota, with two or more
good and sufficient sureties to be approved by the governor, and
be filed with the secretary of state, conditioned upon the faithful
performance of his duties and the honest and faithful disburse^
STATE OF NORTH DAKOTA. 127
ment of and Recounting for all moneys which may come into his
hands under the provisions of this article. The members of
said board having taken the foregoing oath and executed the
bond as aforesaid are hereby empowered and required to cause
to be prepared suitable plans and specifications by a competent
architect. Such plans shall contemplate the erection of a build-
ing or buildingr which will accommodate not less than one hun-
dred nor more than five hundred students, and shall 'be accompan-
ied <by specifications and by a detailed estimate of the amount
required and description of all material and labor required for
the erection and full completion of the building or buildings; and
no plan shall toe adopted that contemplates the expenditure of
more money for its completion than the amount reasonably neces-
sary to carry out the object of said institution.
DSec. 979. SUPERINTENDENT OF CONSTRUCTION. PRO-
POSALS FOR BUILDING.— The said board of trustees shall em-
ploy the architect whose plans and specifications are accepted to
act as superintendent of construction, who shall receive for such
plans and specifications and for superintending construction such
pay as the 'board by agreement shall determine; which pay
shall not exceed an amount equal to five per cent of the estimated
cost of said building. Whenever the said plans and specifica-
tions shall have been approved and adopted by a majority of the
board of trustees they shall cause to be inserted in at least twro
of the daily newspapers published in the state of North Dakota,
and having a general circulation therein an advertisement for
sealed bids for the construction of the buildings herein author-
ized, and they shall furnish a printed copy of this article, and a
copy of the plans and specifications to any person or persons
applying therefor; provided, said trustees may advertise as afore-
said wrhenever there shall be a sufficient amount of money to the
credit of said industrial school with which to construct all or
any part thereof deemed expedient by said trustees to erect or
construct; provided, further, that said building or buildings shall
be erected on the piece or parcel of land at or near the city o<f
Ellendale, in Dickey county, donated by the citizens of said city,
and now held in fee simple by the state of North Dakota. No
trustees or officers of saad industrial school shall be in any way
interested in any contract for the erection of said building or
buildings or furnishing any material for said buildings, and if any
such officer be so interested he shall be deemed guilty of a misde-
meanor and on conviction be fined. In any sum not exceeding five
thousand dollars.
Sec. 980. BONDS. INTEREST.— To provide for the erection
and maintenance of said state industrial school the said board
•of trustees mav issue bonds for such sum or sums of monev as
128 GENERAL SCHOOL LAWS,
can be actually used in the construction of permanent buildings
and other needed and necessary improvements to be made for the
maintenance of said state industrial school not exceeding the sum
of fifteen thousand dollars; said bonds shall be in denominations
of one thousand dollars each, and be made payable to the pur-
chaser or (bearer, ibe payable in not less than ten years or more
than thirty years from the date of their issue and bear interest at
a rate not exceeding five per cent per annum, payable semi-annu-
ally on the first of January and July of each year, with coupons
attached for each interest payment, and they may be made pay-
able anywhere in the United States. Such bonds shall be exe-
cuted under the seal of the board of trustees of the state indus-
trial school, 'Shall be attested by the* president and secretary of
said board, and when executed shall ibe delivered to the state
treasurer. The treasurer shall receive sealed proposals for the
purchase of the same and shall give puiblic notice of the sale for
at least thirty days preceding such sale in two or more news-
papers of general circulation, one oif which shall be published in
the city of New York, giving date of such sale, and such bonds
shall be sold to the highest bidder for cash. Said bonds and inter-
est shall be paid from the interest and income fund belonging to
the state industrial school, to be accumulated from the sale of
lands hereinbefore appropriated, or from the rental o<f such lands ;
provided, that if at any time there shall not be sufficient money in
such fund to pay such interest, there is hereby appropriated out
of the state treasury from funds not otherwise appropriated, a
sum sufficient to meet the deficiency for the payment of such-
interest ; provided, further, that a sufficient amount of the funds
accumulating in the interest and income fund of the state indus-
trial school shall be used and applied solely for the payment of
the interest on such bonds, and for the creation of a sinking fund
with which to pay such bonds at maturity.
Sec. 981. TREASURER TO KEEP FUNDS. ACCOUNTS,
HOW AUDITED. — All moneys that may accrue from the interest
and income derived from the renting and sale of lands herein-
before appropriated and all moneys that may hereafter be appro-
priated by the legislative assembly of North Dakota including all
moneys raised in any other manner for said school, shall be de-
posited with the state treasurer, to be by him kept in a separate
fund, which shall be known as the state industrial school fund;
and such funds shall be used exclusively for the benefit of said
school, as may ibe herein or hereinafter provided. The board of
trustees of the state industrial school shall audit all accounts
against the funds appropriated by the legislative assembly of
the state of North Dakota, or held by the state for the use of
the state industrial school, and the state auditor shajl issue his
STATE OF NORTH DAKOTA. 129
warrant upon the state treasurer for the amount of all accounts
which have been so audited and allowed by the board of trustees
and attested by the president and secretary of said board. The
board of trustees of the state industrial school shall direct the
disposition of all moneys appropriated, or that may hereafter be
appropriated by the legislative assembly of the state of North
Dakota, or may hereafter accumulate in any manner in the state
industrial school fund. The board shall have the power to
receive all donations, gifts and bequests that may be offered or
tendered to or for the benefit of such school, and dispose of the
same. All moneys coming into the hands of such Aboard shall be
immediately covered into the state treasury to the credit of the
state industrial school fund.
(Sec. 982. FACULTY.— The board of trustees shall have power
to employ a president and necessary teachers, instructors and
assistants to conduct such school, and to prescribe their respect-
ive duties and to fix the salaries of such employees. They shall
have power to remove the president, instructors and assistants
and to fill all vacancies. The faculty shall consist of the presi-
dent, teachers and instructors, and it shall pass all needful rules
and regulations for the government and discipline of the school
and all such rules and regulations as are necessary for the pres-
ervation of morals, decorum and health.
Sec. 983. REPORTS.— The faculty shall make an annual report
to the board of trustees on or before the first Monday of Novem-
ber of each year, showing the condition of the school and contain-
ing such recommendations as the welfare of the institution shall
demand. The board of trustees shall make a report to the gov-
ernor on or before the fifteenth day of November next preceding
each biennial 'Session of the legislative assembly, containing the
several reports of the faculty herein provided for, and showing
the condition of the funds appropriated for the school, the money
expended and the purpose for which the same was expended in
detail, and showing the number of students in attendance, the
work accomplished by them, and the condition of the school in
general.
STATE REFOEM SCHOOL.
(Chapter 173 Laws 1901.)
Section 1. STATE REFORM SCHOOL. ERECTION OF
BUILDING-S. — To provide for the erection of necessary
'buildings, their proper equipment, and for the establishment
of the state reform school at Mandan, North Dakota, the
board of trustees of the said state reform school ma y issue
ibonds for such sum or sums of money as can be actually used
130 GENERAL SCHOOL LAWS,
in the construction of permanent buildings and necessary
furnishing and other necessary improvements, to be made for
the establishment and maintenance of said state reform
school, not exceeding the sum of $20,000; said bonds shall be
in denominations of f 1,000 each, and shall bear interest at a
rate not exceeding six per centum per annum, and shall be
payable in twenty years from the date of issue, from the
interest and income fund accumulating from the sale, rental,
or lease of lands donated to the said state reform school by
section 17 of the Enabling Act for the admission of North
Dakota, South Dakota, Montana and Washington, approved
February 22, 1889, and confirmed by article XIX, section 215,
of the constitution of North Dakota, or from the rental or
lease of said lands. The interest on such bonds shall be paid
annually on the first day of January of each year, and shall
'be payable from the interest and income accumulating from
the sale,, rental or lease of lands apportioned to the institu-
tions ; provided, if at any time there shall not be suffi-
cient money to pay such interest, there is hereby appropriated
out of the state treasury, out of funds not otherwise appro-
priated, a sum sufficient to meet such interest; provided,
further, that a sufficient amount of funds accumulating in
, the interest and income fund for sale or rental of land or
lands appropriated to the state reform school, shall be used
and applied solely for the payment of interest on such bonds
and for the creation of a sinking fund with which to pay such
bonds at (maturity.
Sec. 2. MONEYS. TO BE DEPOSITED WITH STATE
TREASURER. — All moneys that may arise or be derived
ifrom. the sale, rental or lease of lands appropriated to the
state reform school shall be deposited writh the state treas-
urer, to be used exclusively for the benefit of said state re-
form school.
MAINTENANCE OF STATE EDUCATIONAL INSTITUTIONS.
(Chapter 156, Laws of 1901.)
Section 1. STATE SCHOOLS. TO PROVIDE FOR
MAINTENANCE OF.— 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 and the deaf and dumib asylum at Devils Lake, and the
school of forestry, as a part of the public school system of
this state, there is hereby levied upon all taxable proprety
in the state, real and personal, an annual tax of one mill on
STATE OF NORTH DAKOTA.
each dollar of the assessed valuation of such property in each
and every year hereafter.
Sec. 2. 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 co-unty,
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 collected and paid
over to the state treasurer the same as other state taxes.
Sec. 3. TAXES. HOW APPORTIONED.— Such taxes
so levied shall be apportioned by the state treasurer to the
several institutions herein mentioned as follows. Forty-
hundredths of a mill to the state university and school of
mines at Grand Forks; twenty-hundredths of a mill to the
agricultural college at Fargo; twelve-hundredth® of a mill
to the state normal school at A^alley City; twelve- hun-
dredths of a mill to the state normal school at Mayvillej
thirteen-hundredths of a mill to the deaf and dumb asylum
at Devils Lake; three-hundredths of a mill to the school of
forestry at Bottineau.
Sec. 4. MONEYSi HOW APPROPRIATED.— The
moneys arising from the taxes hereinbefore levied are hereby
appropriated for the maintenance of the state university
and school of mines at Grand Forks, the agricultural college
at Rargo, the state normal school at Valley City, the state
normal school at at Mayville, the deaf and dumb asylum at
Devils Lake, and the school of forestry at Bottineau, the
same to be paid monthly to the board of trustees of the sev-
eral institutions herein mentioned, and in proportion as
herein provided, upon vouchers of said board, signed by
their respective presidents, and to be expended by the sev-
eral boards, in their discretion, in the establishment and
maintenance of said institutions hereinbefore mentioned.
IMPROVEMENTS FOR AGRICULTURAL COLLEGE, FARGO.
(Chapter 127, Laws of 1901.)
Section 1. NORTH DAKOTA AGRICULTLRAL COL-
LEGE. ADDITIONAL BUILDINGS AND IMPROVE-
MENTS.— To provide for the erection and equipment of
necessary additional buildings, for a system of sewerage and
for other necessary improvements for the North Dakota ag-
ricultural college at Fargo, the board of trustees of said ag-
132 GENERAL SCHOOL LAWS,
ricultural college may issue bonds for such sum or sums of
money as can actually be used in the construction and equip-
ment of 'such necessary additional buildings, system of
sewerage and other necessary improvements, not exceeding
the sum of fifty thousand dollars; said bonds shall be in de-
nominations of one thousand dollars each, shall bear inter-
est at a rate not exceeding five per cent per annum, and shall
toe payable in twenty years from the date of issue, from the
interest and income fund accumulating from the sale, rental
or lease of lands granted to the said North Dakota agricultu-
ral college. The interest on such bonds shall be payable an-
nually on the first day of January of each year, and shall be
payable from the interest and income accumulating from the
sale, rental or lease of said lands; provided, that if at any
time there shall not be sufficient money to pay such interest,
there is hereby appropriated out of the state treasury, out
of funds not otherwise appropriated, a sum sufficient to meet
such interest; provided, further, that a sufficient amount of
funds accumulating in the interest and income fund from
sale or rental of land or lands granted to the North Dakota
agricultural college shall be used and applied solely for the
payment of interest on such bonds and for the creation of a
sinking fund with which to pay such bonds on maturity.
Sec. 2. BONDS, HOW EXECUTED. NOTICE OF
SALE. — 'Such bonds shall be executed under the seal of the
board of trustees of the said North Dakota agricultural
college, shall be attested by the president and secretary of
said board of trustees and when executed the said board of
trustees shall receive sealed proposals for the purchase of
the same and shall give public notice of such sale for at
least thirty days preceding such sale in two o<r more news-
papers in general circulation, giving date of such sale, and
such 'bonds shall be sold to the highest 'bidder for cash and
the proceeds thereof delivered to the treasurer of the North
Dakota agricultural college to be used exclusively in pursu-
ance of the provisions of this act.
Sec. 3. MONEYS. TO BE DEPOSITED WITH STATE
TREASURER. — All moneys that may arise or be derived
from the sale, rental or lease of said lands granted to the
North Dakota agricultural college shall be deposited with
the state treasurer, to be used in pursuance with the provis-
ions of this act for the benefit of the North Dakota agri
cultural college.
STATE OF NORTH DAKOTA. 133
STATE UNIVEKSITY.
(Chapter 38, Laws of 1901.)
Section 1. BONDS. STATE UNIVERSITY TO IS-
SUE.— To provide for the necessary repairs of buildings of
the state university and to pay the outstanding floating
indebtedness of said institution, the board of trustees of
said state university may, if the majority of said board so
decide, issue bonds in the sum not exceeding fifty thousand
dollars ($50,000).
Sec. 2. BONDS. DENOMINATION OF.— Said bonds
shall be issued in denominations of one thousand dollars
($1,000) each ; they shall be signed by the president of the
board of trustees and attested by the secretary of said board
under the seal of the institution, and shall be payable twenty
years from date of issue.
Sec. 3. BONDS. INTEREST ON.— Said bonds shall
bear interest at the rate of four per cent (4 per cent) per
annum, which interest shall be payable on the first day of
January each year at the office of the state treasurer. The
principal and interest of said bonds shall be payable out of
the interest on the funds accumulated from sale of lands
and income of the lands donated and apportioned to said
state university and the school of mines. In the event that
income from said lands and interest on such funds in any
one year shall be insufficient to pay the interest due upon
said bonds for such year, the balance of such interest shall
be paid out of the annual appropriation for said state uni-
versity for such year.
CHAPTER 4.— PUBLIC BOARDS.
ARTICLE 2. — BOARD OF UNIVERSITY AND SCHOOL LANDS.
Sec. 169. BOARD, HOW CONSTITUTED.— The governor, sec-
retary of state, state auditor, attorney general and superintendent
of public instruction shall constitute the board of university and
school lands. The governor shall be president; the secretary of
state, vice president and the superintendent of public instruction
secretary thereof. In the absence of the superintendent of pub-
lic instruction at any meeting of the board the deputy superin-
tendent of public instruction shall act as secretary, but shall not
be entitled to a vote. Such board, when acting as such, must act
134 GENERAL SCHOOL LAWS,
personally; no member can be represented on such 'board by any
assistant or clerk.
Sec. 170. BOARD, POWERS OF.— Subject to the provisions
of article 9 of the constitution and the provisions of this article,
such board shall have the full control of the selecting, appraise-
ment, rental, mle, disposal and management of all school and
public lands of the state, including the real property donated to
the territory of Dakota under the provisions of chaipter 104 of the
laws oif 1883, except 'such as has been sold, and the investment of
the permanent funds derived from the sale thereof, or from any
other source, and shall have power to appoint a competent person
to act as the general agent of the board in the performance of all
its duties pertaining to the selection, sale, leasing or contracting
in any manner allowed by law, and the general control and man-
agement of all mattters relating to the care and disposition of the
public lands of the state, all of whose official acts shall be subject
to the approval and supervision of the 'board. The title of such
agent shall be commissioner of university and school lands, and
before entering upon his duties as such he shall take the oath
prescribed for civil officers and give a bond in the penal sum of
ten thousand dollars, with not less than two sureties, to be ap-
proved 'by the board, and recorded in the office of the secretary of
state and filed, when recorded, in the office of the state treasurer.
iSec. 171. MEETINGS OF BOARD.— Such board shall meet at
the office of the commissioner on the last Thursday of each month,
at ten o'clock in the forenoon. Special meetings of the board
may be held at any time at the written call of the president or
any two memlbers of the board. Any three members of the
board shall constitute a quorum.
Sec. 172. BOARD TO INVEST SCHOOL FUNDS.— Such
board shall have the power and it is made its duty from time to
time to invest any money belonging to the permanent funds of
the common schools, university, school of mines, reform school,
agricultural college, and deaf and dumb asylum, normal schools.
and all other permanent funds derived from the sale of public
lands or from any other source, in bonds of school corporations
within the state, bonds of the United States, bonds of the state
of North Dakota, or in first mortgages on farm lands in the state
not exceeding in amount one-third of the actual value of any sub-
division on which the same may be loaned. Such value to be
determined by the county board of appraisal of the respective
counties as provided for in section 183; provided, that at least
one-tfourth o>f the whole amount of the several permanent funds
aforesaid as computed by the commissioner of university and
school lands at the end of each fiscal year shall be set apart for
STATE OF NORTH DAKOTA. 135
investment in first mortgages on farm lands in this state, and
only in the manner following, towit:
1. That the said first mortgages and each of them, shall run
for a period of time and not to exceed ten years and that the
funds so invested shall bear interest at the rate of six per cent
per annum, said interest together with ten per cent of the whole
amount of the principal to be paid in annual installments and the
interest when paid shall be covered into and become a part of the
interest and income fund.
2. First mortgage loans shall only be made upon cultivated
lands within the state and to persons who are actual residents
thereof. And in no cases on lands of which the appraised value
is less than seven dollars and fifty cents per cent, and in sums not
more than one thousand dollars to any one person, firm or corpo-
ration.
3. 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. All proceedings in regard to investments
in first mortgages as provided in this chapter, shall conform to
and be governed by the laws of the state of North Dakota in such
case made and provided. Said board of university and school
lands shall not purchase or approve the purchase of any bonds
or mortgage's except at a. legal session thereof, nor unless every
member of the board is notified by the secretary of said board in
time to be present at such meeting, and notified also that the
question of purchasing or acting on a proposition for the pur-
chase of certain bonds or mortgages is to be considered at the
meeting, nor unless a majority of all the members vote in favor
of such purchase, and the vote on the purchase of every bond and
mortgage shall be taken by the yeas and nays and shall be duly
recorded in the books of the board.
Sec. 173. (Amended.) RECORDS TO BE KEPT BY SECRE-
TARY.— The secretary shall enter in a suitable book kept for
that purpose a full and correct record of all the proceedings of
said board at each session thereof, which record when approved
shall be signed by the president or presiding officer of the meet-
ing and the secretary.
Sec. 174. TREASURER CUSTODIAN OF FUNDS.— All
moneys belonging to the permanent funds of the common school
and other public institutions derived from the sale of any of the
public lands or from any other source shall be paid to and held
by the state treasurer, and be subject to the order of such board,
.and shall be paid over to order of the board for investment as pro-
vided in section 172 of this article, whenever the board requires
136 GENERAL SCHOOL LAWS,
the same for such investment. The state treasurer shall also be
the custodian of all bonds, notes, mortgages and evidences of
debt arising out of the management of the permanent funds
derived from the sale of any of the puiblic lands of the state or
from any other source.
Sec. 175. (Amended.) INVESTMENTS. HOW UNPAID
MONEYS TO BE COLLECTED.— It shall be the duty of the state
treasurer, from time to time as the same become due, to collect
all moneys due and owing on any and all of the securities held
'by him for investment or for permanent funds, and from time to
time, whenever required toy the board, to make report of the
amount of such collections to the 'board and a duplicate of ihe
same to the state auditor. If any such moneys shall remain un-
paid foir thirty days after the same shall become due and payable,
he shall make report in detail of all such unpaid amounts to the
board who shall place the matter in the hands of the attorney
general for collection whenever they shall deem it for the best
interests of the state so to do, whose duty it shall be to proceed
to collect the same by civil action, to be brought and prosecuted
in the name of the state; provided, that mortgage loans made
under the provisions of this chapter may toe foreclosed either by
action or advertisement, in the same manner and upon the same
notice as required in other real estate foreclosures. When fore-
closure is made by action said action shall be brought and prose-
cuted in the name of the state; provided, further, that the board
of university and school lands may, and it is hereby authorized
and empowered to assign any or all o<f said mortgages, whenever
in the judgment of said board it will be for the best interests of
the state so to do; provided, however, that said board shall not
accept as a consideration for said assignment any amount less
than the principal and interest due upon said mortgage or mort-
gages. Such assignments when made shall toe executed by the
governor and attested toy the secretary of state with the great
seal of the state of North Dakota attached.
Sec. 176. MANNER OF INVESTING PERMANENT FUNDS.
—In the investment of the permanent funds under its control
such board shall authorize the state auditor to draw nis varrant
on the state treasurer, payable out of the proper fund, for th^
purchase of the bonds or mortgages, which warrant, previous to
delivery, shall be registered toy the state treasurer in a book pro-
vided for that purpose.
Sec. 177. INCIDENTAL EXPENSES OF BOARD, HOW
PAID. — The necessary incidental expenses of the board shall be
paid out of the state treasury, and upon satisfactory vouchers
therefor the state auditor shall issue his warrant for the same.
STATE OF NORTH DAKOTA. 137
Sec. 178. APPROPRIATION FOR INTEREST.— There is here-
by annually appropriated such sums as shall be found necessary
for the expenses of purchase, and payment of accrued interest at
the time of the purchase, of investment bonds or mortgages for
the permanent funds under the control of said board, payable
from the respective fund for which said purchase is made.
Sec. 179. TERM OF OFFICE OF COMMISSIONER.— The first
term of office of the commissioner provided for in this article shall
be for three years from the date of his appointment and until his
successor is appointed and qualified, and after the expiration of
the first term, all succeeding terms shall be two years, and until
his successor is appointed and qualified, subject to removal by
the 'board. In case of vacancy by death, removal, resignation or
any other cause, the board shall fill the same 'by appointment.
•Sec. 180. SALARY OF COMMISSIONER.— The commissioner
shall receive an annual salary of one thousand five hundred
dollars.
Sec. 181. DEPUTY COMMISSIONER.— By and with the con-
sent of the board, the commissioner may appoint a chief clerk,
who before entering upon any of the duties devolving upon him
'by said appointment shall take and subscribe the oath of office
required by law and shall execute to the state a 'bond with one
or more sureties in the penal sum of five thousand dollars con-
ditioned for the faithful discharge of his duties.
Sec. 182. (Amended) DUTIES OF COMMISSIONER.— The
commissioner, under such directions as may be given by the
board of university and school lands, shall have general charge
and supervision of all lands belonging to the state, of all lands in
which the state has an interest or which are held in trust by the
state. He shall have the custody of all maps, books and papers
relating to any of the public lands mentioned in this article. He
shall procure the proper books, maps and plats in wrhich to keep
a complete record of all lands owned or held in trust by the state
for schools, public buildings and for all other purposes, and shall
keep true records of all the sales, leases, permits, patents, deeds
and other conveyances of such lands made by the state, amount
of money paid, date of sale and payment, description of land sold
or leased, number of acres thereof, name of purchaser and desig-
nation of the fund that should be credited therewith. He shall
direct all appraisements, sales, leases; shall execute all contracts
of sale, leases, permits or other evidences of disposal of the lands,
subject to approval by the board. Upon all contracts, leases
or permits issued by the commissioner he shall certify the book
and page where the same is recorded. He shall have an official
188 GENERAL SCHOOL LAWS,
•seal with a proper device thereon; and the seal of the commis-
sioner affixed to any contract of purchase, receipts or other in-
•stru/ments issued by him, duly countersigned 'by him as approved
-by the board, according to the provisions o>£ this article, is prirna
facie evidence of the due execution of such contract or other
paper. He shall biennially report to the legislative assembly
through the board his work during the preceding term, showing
the quantity of lands sold or leased, and the amount received
therefor, the amount of interest moneys received to the credit
•of the several funds, expense of administration of his department,
and all such 'other matters relating to his office as shall be
necessary. It shall also be the duty of the land commissioner
to receive and present to the board of university and school lands
all offers for sale of bonds. He shall also prepare all bonds in
connection with the investment of the permanent school fund.
He shall keep such 'books as may be necessary to register and
describe all bonds and mortgages purchased or taken by the
board of university and school lands for the benefit of any o>f the
permanent funds under its control. Such books shall be ruled
«o as to permit the registry of the name and residence of the
person offering to sell any such bonds- or mortgages, the district
for which such offer is made, a description of the property cov-
ered by the mortgage, and a full and detailed description of every
bond, whether United States, state or school district, and the
date, number, series, amount and rate of interest of each bond,
and when the interest and principal, respectively, are payable;
and such record shall be made of every such ;bond and mortgage
before the -board shall act upon the question of purchasing the
same. He shall also keep in suitable books a record showing 'a
detailed quarterly statement of the condition of all the perma-
nent funds under control of said board, the amount of each fund,
how invested, when due, interest paid and any other act in any
manner connected with the management of said funds, and shall
biennially report all such investments to the governor to be laid
before the legislative assembly. All such records and record
boobs shall at all times be open for inspection by the public.
Sec. 183. COUNTY BOARD OF APPRAISAL, DUTIES OF.—
The county superintendent of schools, the chairman of the board
of county commissioners and the county auditor of each county
shall constitute the "County Board of Appraisers" of the public
lands of the state in and for their county. The county board of
appraisal in each county shall upon the request of the board of
university and school lands, designate on or before such date as
it may specify, the public lands of the state in their county, that
in its judgment can be sold for ten dollars an acre or upwards on
the terms prescribed in this article, designating the tracts sepa-
STATE OF NORTH DAKOTA. 139
-rately and giving an approximate estimate of their selling value.
Thereupon the commissioner shall, if so ordered by the board of
.university and school lands, prepare a list and order an appraisal
of such lands as shall be designated in such list, and it is made
the duty of such board of appraisers within ten days after the
receipt of such list to examine such lands and appraise them at
their cash value, as nearly as can be determined, describing each
tract or subdivision in parcels not greater than one hundred and
.sixty acres, more or less, according to the government survey,
.and in smaller subdivisions thereof, if so listed by the commis-
sioners, aid set opposite each described tract or parcel of land
the appraised value per acre thereof; and when such appraisal is
completed, which shall not be later than thirty days after the re-
ceipt of the order directing it, the county board of appraisers, or
the members of the same who made such appraisement, shall cer-
tify to its correctness, and make duplicate copies thereof, one of
which shall be forwarded immediately to the board of university
and school lands, and the other filed in the office of the county
auditor for reference. And in addition to the appraisal of such
lands the county board of appraisal shall furnish such other in-
formation regarding the lands as may be required by the commis-
sioner in the manner and form prescribed by him. The report
of such appraisal shall be verified by each o>f such appraisers and
shall disclose any interest, real or contingent, that any of such
.appraisers has in any of the lands or improvements so appraised.
Any appraiser who willfully makes any false statement in such
report, relative to such interest in any of the lands so appraised,
or improvements thereon, shall be deemed guilty of a misde-
meanor. For all services performed under the requirements of
this article the appraisers shall be paid at the rate of three dol-
lars per day and actual traveling expenses, upon vouchers ap-
proved by the secretary of the board of university and school
lands to be paid by the state treasurer upon warrants, issued by
the state auditor.
Sec. 184. SELECTING AND CERTIFYING LANDS FOR
SALE. — The commissioner shall from the list of lands so ap-
praised and reported by the county board of appraisers select all
such tracts as have been appraised at ten dollars per acre and up-
wards and upon approval of such selections by the board of uni-
versity and school lands shall make and certify to the county
auditors the list of lands in their respective counties that are
offered for sale, and when transmitting such list shall designate
the day and hour for the sale thereof; provided, that such sales
shall take place only between the hours of ten o'clock A. M. and
five o'clock P. M. and to be continued from day to day until all
the lands advertised for sale shall have been sold or offered for
140 GENERAL SCHOOL LAWS,
sale, except that adjournments may be made for any intervening
Sunday or legal holiday.
Sec. 185. NOTICE OF SALE TO BE PUBLISHED.— The
county auditor shall immediately, on receipt of the list of lands
mentioned in the preceding section, cause to be published in a
paper designated by the county^ board of appraisers, as pre-
scribed by section 158 of the constitution, a notice of such sale,
with the list of lands properly described, that are to 'be offered
for sale, together with the appraised value thereof and the terms
and conditions of sale. The board of university and school lands
shall also publish notices of all sales for the same length of time
in one newspaper published at the seat of government.
Sec. 186. MANNER OF SALE.— On the day and hour ap-
pointed for such sale the commissioner, except as hereinafter
provided, shall proceed to sell or offer for sale at public auction
to the highest bidder, at the court house or at the place where the
terms of the district court are held, of the county where the lands
are situated, the lands so advertised, offering them for sale and
selling in the order in which they occur in the advertisement for
sale. Such lands as have not been specially subdivided shall
be offered in tracts of one-quarter section, according to the sub-
divisions thereof 'by the United States survey, and those so sub-
divided in the smallest divisions thereof. No tract shall be sold
for less than its appraised value, and in no case for less than ten
dollars an acre. Whenever the commissioner cannot attend the
sale in person such sale may be made by the deputy land commis-
sioner or any other person designated and authorized by the
'board of university and school lands.
Sec. 187. TERMS OF SALE.— Each tract of land shall be sold
upon the following terms: The purchaser shall .pay one-fifth of
the price in cash at the time of sale, and the remaining four-
fifths as follows: One^fifth in five years, one-fifth in ten years.,
one-fifth in fifteen years and one-fifth in twenty years, with inter-
est at six per cent per annnum on all the unpaid principal, an-
nually in advance. The highest bidder for any offered tract shall
be declared the purchaser thereof, and shall immediately pay
over to the county treasurer the amount of one-fifth of the pur-
chase price as specified in the terms of sale. In case the pur-
chaser fails to pay the amount so required to be paid at the time
of such sale, such commissioner or whoever may be conducting
the sale, shall immediately re-offer such lands for sale, but no
bids shall *be received from the person so failing to pay as afore-
said; and the person refusing or neglecting to make such pay*
inent shall forfeit the sum of one hundred dollars for each tract
so purchased !by him.
STATE OF NORTH DAKOTA. 141
Sec. 188. ADJOURNMENT OF SALE.— No adjournment of
the sale can be made after its opening, except as provided in
section 184 of this article, but, when the interest ol: the state
will be subserved thereby, the board of university and school
lands may, at any time not less than two weeks preceding the
dates fixed for opening such sale, make an order postponing the
same to such date as may be fixed in such order, which shall not
be more than sixty days, giving due notice of the same to the
county auditor, who shall publish such notice of adjournment
and the day fixed for the same, for two successive weeks in the
same papers in which the notice of sale is published ; but the
adjournment of any sale shall not require continued publication
of the list of lauds beyond the time specified in this article for
publication.
Sec. 189. WITHDRAWAL OF LANDS FROM SALE.— The
board of university and school lands may, in its discretion, on or
before the day of sale, withdraw any or all lands that may have
been advertised for sale or included in any list to be offered in
any county, and upon such withdrawal shall notify the auditor
of such county, specifying the lands included in such notice of
withdrawal, who shall thereupon strike such lands from the
lists in his office, and public notice of withdrawal shall be given
at the day of sale before any such lands are offered.
Sec. 190. COUNTY AUDITOR TO ACT AS CLERK AT SALE.
APPROVAL OF SALE.— The county auditor shall act as clerk
of all land sales and leases made in his county, and it shall be
hi*, duty within five days after such sale or lease shall have been
concluded to certify to the board of university and school lands
a list of lands sold or leased as provided in this article, with the
price thereof and the name of the purchaser or lessee of such
tract, the amount for which the lands are sold or leased, the
amount of money paid by such purchaser, and the amount of
principal remaining unpaid, and the board of university and
school lands shall approve and confirm the sale or lease of every
such tract, as upon examination of such certified lists and such
further information and investigation as shall be deemed neces-
sary, shall be found to have been sold or leased in accordance
with the law and without fraud or collusion. For the services
imposed by this article the county auditor shall be allowed the
sum of three dollars per day for each and every day so engaged.
to 'be paid out of any appropriation for the expenses o>f appraisal
and sale of public lands.
Sec. 191. NOTICE TO PURCASER. EXECUTION OF CON-
TRACT. — Immediately upon approval of the sales by the board of
university and school lands, the secretary of such board shall
142 GENERAL SCHOOL LAWS,
prepare and certify a list of said approved sales to the commis-
sioner, who shall without delay execute duplicate contracts in*
the form prescribed by the board, and forward the same to the
county auditor of the county where the land was sold, where-
upon it is made the duty of the county auditor to notify each
purchaser in writing of the approval of the sale to him, and to*
appear within ten days after the date of such notice and pay the
county treasurer the amount of interest on the deferred pay-
ments as specified in the contract and execute the contracts of
sale, and a failure so to appear and execute such contract shall
act as a forfeiture of the payment made by the purchaser at the
sale. When the contracts are properly executed by the pur-
chaser and the amount of money due thereon shall have been,
paid to the county treasurer, the copy marked duplicate shall
toe delivered to him and the original returned to the land com-
missioner, and each contract so returned fully executed shall
have on its face in the place noted for such purpose the notation
of the date of delivery to the purchaser, and all contracts not
executed by the pnrchaesr shall be returned to the land commis-
sioner with a written 'Statement thereon of the reason for such:
return.
Sec. 192. SALES, WHEN VOID.— Any sale made by mis-
take, or not in accordance with law, or obtained by fraud, shall
be void, and the contract of purchase issued thereon shall be of
no effect; but the holder of such contract shall be required to>
surrender the >same to the board of university and school lands,
who shall, except in caise of fraud on the part of the purchaser,
cause the money to be refunded to the holder thereof.
Sec. 193. SURVEYS TO BE MADE WHEN NECESSARY.—
Whenever it appears to the board of university and school lands
necessary in order to ascertain the true boundaries of any tracts
or portions of lands, or to enaJble the commissioner to describe-
or dispose of the same in suitable and convenient lots, it may
order all such necessary surveys to be made and the expenses-
shall be paid out of the state treasury as other incidental ex-
penses of the board of university and school lands are paid.
Sec. 194. SUBDIVIDING LAND INTO SMALL TRACTS OR
LOTS, WHEN TO BE MADE.— Whenever in the opinion of the
board of university and school lands the interests of the state
will be promoted by laying off any protion of the land under its-
control into small parcels or city, town or village lots, the board
may order such commissioner to cause the same to be done, and
have the same appraised in the same manner as hereinbefore-
prescribed.
STATE OF NORTH DAKOTA.
Sec. 195. SALE OF LOTS. NEW APPRAISAL.— All par-
cels or lots so appraised shall be subject to sale in the same man-
ner and upon the same terms and conditions and the contract of
purchase shall have the same effect, as in the case of other lands.
for which provision is made in this article, and at the prices at
which the same are severally appraised, until a new appraisal is
made, which the board of university and shool lands may in its.
discretion order at any time, in the manner aforesaid, and with*
the like effect but no lots or parcels so appraised shall be sold for
less than the minimum price of said land, established in this ar-
ticle.
Sec. 196. MAP TO BE ENTERED OF RECORD.— Whenever
the commissioner shall lay off any tract of land into small par-
cels or lots, as provided in this article, he shall cause a correct
map of the same to be entered of record in the county where-
said lands are situated.
Sec. 197. CONTRACTS OF PURCHASE. RIGHTS UX-
DER. — Contracts of purchase, issued pursuant to the provisions.
of law, entitle the purchaser, his heirs or assigns, to the posses-
sion of the lands therein described, to maintain actions for in-
juries done to the same, or any action or proceeding to recover
possession thereof, unless such contract has become void by for-
feiture; and all contracts of purchase. in force may be recorded
in the same manner that deeds of conveyance are authorized to
'be recorded.
Sec. 198. ASSIGNEE OF PURCHASERS.— Each assignee of
a bona fide purchaser of any of the lands mentioned in this arti-
cle is subject to and governed by the provisions of law applicable
to the purchaser of whom he is assignee; and he shall have the-
same rights in all respects as an original purchaser of the same
class of lands.
Sec. 199. CONTRACTS MAY BE SURRENDERED AND
TWO OR MORE ISSUED, WHEN.— Whenever the holder of any
contract of purchase of any state or school land shall surrender
the same to the commissioner with a request to have the same
divided into two or more contracts, it shall 'be lawful for the-
commissioner to issue the same; provided, that the proposed sub-
division shall be only in the smallest of the regular government
or state subdivisions; and, provided, that no new contracts shall
issue while there is due and unpaid any interest, principal or-
taxes on the principal contract of sale, nor in any case where th'e
commissioner shall be of the opinion after an examination of the
lands, if necessary, that the security would be impaired and
endangered by the proposed division, nor until such proposed;
144 GENERAL SCHOOL LAWS,
change ishall have the approval of the board of university and
.school lands, and for all such new certificates a fee of five dollars
for each certificate so issued shall be paid by the applicant, which
fee shall be paid into the state treasury and become a part of
the expense fund of the board of university and school lands.
Sec. 200. CONTRACT VOIDABLE ON FAILURE TO PAY
PRINCIPAL OR INTEREST.— In case the annual interest due
on the first day of January in any year shall not be paid within
thrity days thereafter iby the purchaser or by any person claim-
ing under him, the contract shall, from the time of such failure,
be voidable. In case any installment on the purchase price shall
not be paid within thirty days after the same becomes due by
the provisions of contract of sale, the contract, froin the time
of such failure shall be voidable. And in all cases where any
contract becomes voidable by reason of failure to make the pay-
ments required by the contract and the terms of this section,
the board of university and school lands may in their discretion
declare such contracts o<f sale void; and in case of such declara-
tion, shall notify the holder thereof, of such declaration, by
written notice mailed to his postomce address and send a dupli-
cate copy thereof to the auditor of the county in which such land
is situated, and order the commissioner to take possession of the
land described in such contract.
Sec. 201. REDEMPTION BEFORE RE-SALE.— In all cases
where the rights of a purchaser, his heirs or assigns, become for-
feited under the provisions of this article, by failing to pay the
amounts required, such purchaser, his heirs or assigns, may, be-
fore the re-sale at public auction of the lands described in such
contract, pay to the state treasury the amount of interest due
and payable on such contract, and all co'sts which have been in-
curred in addition thereto, together with interest at the rate of
twelve per cent per annum on the interest and co-sts so due from
the date of delinquency to the date of payment, and such pay-
ment shall operate as a redemption of the rights of such pur-
chaser his heirs or assigns, and such contract from the time of
such payment shall be in full force and effect, as if no forfeiture
had occurred; provided, that after the rights of a purchaser, his
heirs or assigns shall have become forfeited under the provisions
of this article, the board of university and school lands shall
have the power, and it is hereby made their duty to provide for
the re-sale of said land >so forfeited if in their opinion a re-sale
of said land shall be most advantageous to the state, otherwise the
said board shall provide for the leasing of said land from year to
year as herein provided, and after a lease of said land shall be
made by said board, the lessee, his heirs and assigns, shall be
STATE OF NORTH DAKOTA. 145
entitled to the full and absolute possession of all of said lands
and premises so leased.
Sec. 202. FEE IN STATE UNTIL CONTRACT FULFILLED.
—The fee of each parcel of such lands shall be and remain in the
state until the patents hereinafter provided for are issued for
the same respectively, and no patent shall issue until full pay-
ment of all sums and full compliance with all the conditions of
the contract of purchase, and in case of non -c ompliauce by the
purchaser, his heirs 01 assigns, with the terms of the contract
as aforesaid, or with the provisions of law applicable thereto,
£ny and all persons being or continuing io possession of any such
lands after a failure to comply with the uerms of the contract
as aforesaid, or with such provisions of la,w, as aforesaid, with-
out a written permission of the commissioner, shall be deemed
and held to detain such land forcibly and without right, and to
be trespassers thereon.
Sec. 203. RECOVERY OF POSSESSION.— In case any per-
son holds or continues in possession of any of the land men-
tioned in this article, contrary to the conditions or covenants of
any lease or written agreement, he shall be liable to an action
of forcible detainer, or any other proper action for the recovery
of possession of such lands and damages for detention of the
same. ,
Sec. 204. RECONVEYANCE TO THE UNITED STATES.—
In all cases wrhere lands have been erroneously or improperly
certified or conveyed to the state of North Dakota for school or
other purposes by the United States, the governor of the state
is authorized to reconvey or relinquish by the execution, under
his hand and the seal of the state, of such conveyances as will
toe necessary to convey or relinquish the title which the state
may have to such lands.
Sec. 205. PATENTS, WHEN TO ISSUE.— When any land
sold under the provisions of this article has been fully paid for,
and all terms of the contract of purchase fully complied with,
the board of university and school lands shall so certify to the
governor, who shall therempon issue to the purchases thereof,
his heirs or assigns, a patent conveying the title of the state to
such land, and the governor shall in like manner issue a patent
to any purchaser of the rights, title and interest of the original
purchaser, his heirs or assigns, acquired toy any execution sale.
All such patents shall be signed 'by the governor and attested by
the secretary of state with the great seal of the state of North
Dakota, and shall be countersigned by the board of university
and school lands with the seal of the secretary' of said board.
146 GENERAL SCHOOL LAWS,
Sec. 206. PATENTS TO BE RECORDED.— The registers of
deeds of the several counties of this state are authorized to
record all (patents issued by the governor pursuant to the pro-
visions of this article; and the records thereof shall have the
same effect as the record of other conveyances executed accord-
ing to the laws of this state.
Sec. 207. (Amended.)— TAXATION OF LANDS AFTER
SALE. PURCHASER OF TAX CERTIFICATE.— The commis-
sioner shall, as soon as possible after the sale of lands, transmit
to the auditor of each county, in which any lands mentioned in
this article have been sold, a detailed description of each parcel
of the land so sold and the names of the purchasers, and the au-
ditor shall extend the same upon his tax duplicate for the pur-
pose of taxation, and the same shall thereupon become 'subject
to taxation the same as other lands, and the taxes assessed there-
on, collected and enforced in like manner as against other lands;
provided, however, that the purchaser at tax sale of any such
lands sold for delinquent taxes shall only acquire by virtue of
such purchase, such rights and interest as belong to the holder
and owner of the contract of sale issued by such commissioner
under the provisions of this article, and the right to be substi-
tuted in the place of such holder 'and owner of such contract of
sale, as the assignee thereof; and upon the production to the
proper officer of the tax certificate given upon such tax sale, in
case such lands have not been redeemed, such tax purchaser shall
have the right to make any payment of principal or interest then
in default upon such contract of sale, as the assignee thereof.
But no tax deed shall be issued upon any tax certificate pro-
cured under the provisions of this act while the legal title of
said lands remains in the state of North Dakota. Whenever the
contract for the sale of any of said lands has 'been cancelled, it
(shall be the duty of the commissioner to notify the auditor o<f
the county in which 'such lands are located of said cancellation,
and thereafter such lands shall not (be listed for taxation, but in
the event of the redemption of any such lands, the redemptioner
shall pay as taxes in addition to all other charges an amount
equal to the tax last levied thereon for each year such land was
not listed for taxation, together with such interest and penalty
as would have ibeen charged, if the same had been regularly
listed and taxed.
Sec. 208. PAYMENT TO COUNTY TREASURER. DUTY
OF TREASURER.— The purchaser of any land mentioned in
this article, or his assigns, may pay to the county treasurer of
the county in which such land lies any amount which may be due
from time to time on the contract, either for principal, interest,
rents or penalty, and for the amounts so paid the county treas-
STATE OP NORTH DAKOTA. 147
urer shall give to such person a duplicate receipt specifying the
amount paid, date of payment, whether for principal, interest or
penalty, and the fund to which it is applicable, the number of
the contract, the name of the original purchaser of the land, oi<
the assignee thereof, which receipt shall be countersigned by
the auditor of said county, and have the same force and effect
as if given by the state treasurer. All moneys received by the
county treasurer, under the provisions of this article, shall be
held at all times subject to the order and direction of the state
treasurer for the benefit of the funds to which the moneys re-
spectively belong; and during the months of January, March,
June and Octoiber of each year, and such other times as he may
be requested so to do by the state treasurer, he shall pay into the
state treasury all moneys received on account of such funds
since the last payment he may have made.
Sec. 209. BOND OF COUNTY TREASURER. CONDI-
TIONS OF. — The bond of each county treasurer shall be condi-
tioned for the honest and faithful discharge of all trusts and
responsibility imposed by this article, and for the faithful pay-
ment of and accounting for all moneys received by him under
the provisions of this article to the state treasurer or any other
person entitled to receive the same, and the board of university
and school lands shall on or before the first day of January,
following any election for county officers, certify to the chair-
man of the board of county commissioners of each county the
amount of money liable to come into the hands of the treasurer
of the county under the provisions of this article, and the board
o'f county commissioners shall add to the amount of the sum re-
quired on his regular official bond to the county double the sum
-so certified by the board of university and school lands, and the
record of the proceedings of such board of county commissioners
when fixing the amount of such bond shall specify in two separ-
ate items the aggregate ;» mount of the bonds so made up, desig-
nating one sum as the amount to indemnify the county, and the
other to indemnify the ?tate for any losses incurred by reason
of failure to comply with the provisions of all laws regulating
his duty.
Sec. 210. FEES TO COUNTY TREASURER-Oounty treas-
urers shall be entitled to a fee of one<half of one per cent on each
dollar collected or received and remitted by them in payment
of principal or interest, fines, penalties and damages on state
lands, which fee shall be payable from the general fund of the
class of lands on which payment is made to siuch treasurer, and
such fee shall be paid to the county treasurer on vouchers coun-
tersigned by the county auditor and approved by the commis-
sioner of university and school lands and such approved vouchers
148 GENERAL SCHOOL LAWS,
shall ibe paid out of any appropriation for the expenses of ap-
praisement and sale of such lands.
Sec. 211. DUTY OF COUNTY AUDITOR,— The county audi-
tor shall, at the time he is required by law to return abstracts
o>f settlement to the state auditor, also forward to the land com-
missioner all duplicate or triplicate receipts of principal, inter-
est, penalty or rental on state lands, with a certified statement
of such collection by the county treasurer, specifying the amount
of each item; and he shall also make such return at any other
time as may be required by the board of university and school
lands.
Sec. 212. LIST OF LANDS SOLD TO BE FURNISHED
COUNTY TREASURER.— On or before the first day of December
in each year the commissioner shall cause to 'be made out and
transmitted to county treasurers a statement showing the lands
sold in their respective counties, the number of the contracts of
purchase, the name of the person to whom each contract was
issued, and the amount of both principal and interest due on each
on the first day of January, together with such directions, in-
structions and blanks as shall enable the county treasurers to
carry o<ut the provisions of this article.
Sec. 213. TOWNSHIP ASSESSORS TO EXAMINE STATE
LANDS. — It shall be the duty of all township and district as-
sessors, whenever .required by the commissioner to examine and
report on any lands designated to them by him, in the manner
and form prescribed by him, and for such examination they
shall' 'be paid at the rate of three dollars per day for time actu-
ally engaged, upon vouchers approved by the commissioner.
Sec. 214. TRANSFER OF RECORDS TO COMMISSIONER.—
All abstracts and conveyances of title to the state of North Da-
kota whether the said lands are held for penal, educational,
charitable, school or other purposes, shall be, by those in whose
charge such conveyances now are or may come, deposited with
and remain in the control o*f the commissioner of university and
school lands.
Sec. 215. PERMANENT AND GENERAL FUNDS.— The
principal accruing from all sales of school, university or other
state lands under the control of the board of university and
school lands, as provided for in this article, shall become a part
of the several permanent funds to which they respectively be-
long and shall not be reduced by any means whatever. All
moneys received as interest, for rents, penalties-, permits or from
any source other than from the principal of sales shall become
a part of the general or current funds to which they respectively
belong anfr shall be distributed as directed by law.
STATE OF NORTH DAKOTA. 149
Sec. 21Q. QUANTITY OF LANDS TO BE SOLD.— No more
than one-fourth of the common school lands of the state she?]
be sold within the first five years after they 'become salable un-
der the provisions of section 155 of the constitution, nor more
than one-half of the remainder within ten years after the same
become salable as aforesaid. The residue may be sold at any
time after the expiration of such ten years; provided, however,
that the coal lands of the state shall not be sold, but may be
leased under the provisions of any law governing such leases.
The words "coal lands" include lands bearing lignite coal.
Sec. 217. (Amended)— LANDS SUBJECT TO LEASE. All
the common school lands and all other public lands of the state
that are not of such value as will admit of appraisal at ten dol-
lars or more per acre, at the time of any regular appraisal, may
be leased ; provided, that- no leases can be granted for a period
longer than five years, and only for pasturage and meadow pur-
poses, and at a public auction after notice as hereinafter pro-
vided; provided, further, that all of such school and public lands
now under cultivation may be leased at the discretion and under
the control of the board of university and st-hool lands for other
than pasturage and meadow purposes until sold ; provided, further,
that in case of a sale of the land so leased during the term of the
lease, the lessee to be given ninety days' notice, and provided,
further, that at the expiration of said lease or within ninety days
of the date of receiving the aforesaid notice, the said lessee
may remove from said lands so leased, all fences, sheds, water
tanks, wind mills, etc., used upon said lands by said lessee. All
rents shall be paid annually in advance.
Sec. 217a, MAY LEASE CULTIVATED LANDS.— The com-
missioner of university and school lands is hereby authorized
and empowered to lease cultivated school and institution lands
in the several counties of the state for the period of two years
for the purpose of summer-fallowing the first year and cropping
the next, wThen in his opinion it is necessary so to do in order to
clear the same of noxious weeds, said lessee to pay only one
years rent for the same. When any lands are leased as above
provided the party so leasing the same, before lease is approved
by the board of university and school lands, shall pay to the
county treasurer of the county in which the land is situated the
total amount of rent therefor. Should the lessee so renting the
land as above provided fail or neglect to summer-fallow the
same at the proper time, the board of university and school lands
in their discretion may declare the lease canceled and the amount
paid thereon will thereby become forfeited.
150 GENERAL SCHOOL LAWS,
Sec. 218. APPRAISAL FOR LEASE BY COUNTY BOARD.
— It shall 'be the duty of the county board of appraisers* each and
every year if so ordered, to appraise in the same manner as all
other lands that are listed for taxation are appraised, all the
common school and other public lands of the state in their
respective districts that may be included in the order, making
a return of all such appraisals to the board of university and
school lands in the form prescribed on blanks furnished by the
board; such returns to 'be made on or before the first day of July
of the same vear; and for any services performed as required by
this article they shall 'be paid at the rate of three dollars per
day, to be -paid by the state treasurer out of the funds appro-
priated for the current expenses of such 'board. It shall be the
duty of the board of university and school lands to equalize the
appraisements so returned as to counties by adding thereto or
taking therefrom such a uniform (percentage as may in its judg-
ment seem proper and fair in order to arrive at a just and
equitable equalization (between the several counties, and upon
s»uch valuation so fixed the board of university and school lauds
are authorized to fix a per cent per acre as tie minimum price
at which the land can be leased; provided, that the lowest price
O'f lands leased for pasturage cannot 'be below one-half of one
per cent of the average value in the county, and for any culti-
vated lands in the county the lowest price cannot be below two
and one-half per cent of the appraised value of each cultivated
tract. And when advertising the same for lease they shall set
opposite each description the value thereof as equalized by them,
which valuation shall form the basis for leasing the same.
Sec. 219. SELECTION OF LANDS FOR LEASE.— The board
of university and school lands shall have the power, and it is here-
by made its'duty to select from the lands so appraised such tracts
as in the judgment of the board can be leased with profit to the
school and other permanent land funds of the state, or a.s the leg-
islature may by law order to be leased, and shall at such, time as
in its judgment is for the best interests of the state, proceed to
advertise for lease and offer for lease, in each succeeding year,
such lands as have thus been selected.
Sec 220. (Amended).— ADVERTISEMENT FOR LEASING.
— All such lands to be leased or offered for lease lying within
the respective counties shall by the board of university and
school lands be advertised for lea,se by publication once a week
for not less than sixty days in some newspaper or newspapers
of general circulation in the vicinity of such lands. Such ad-
vertisement shall contain the designation or proper description
of each tract or parcel of land so to be leased, the appraised
value of each tract and the per cent on such valuation fixed by
STATE OF NORTH DAKOTA. 151
the board as the minimum price at which such land can be
leased and the terms of the lease. A copy of such advertise-
ment shall also be posted in a conspicuous place at the court
house of the county, and a notice of the time and place where
the said lands are to be leased shall also be published for not
less than sixty days in one newspaper at the seat of government
by such board of university and school lands; provided, that if
in the opinion of the board there will not be sufficient of such
lands situate in any county leased to warrant the expense o»f
advertisement in a newspaper, by description of each tract or
parcel, the notice may be given by general advertisement.
Sec. 221. MANNER OF LEASING. BY WHOM MADE.
HOW CONDUCTED.— It shall be the duty of the commissioner
of university and school lands, or such other person as may be
appointed toy the 'board of university and school lands, to conduct
the leasing of such lands in accordance with the provisions of
this article and such directions as shall be prescribed therefor
by the board; provided, that the leasing shall be at public aue-
tion to the highest bidder at the court house or place where
terms of the district court are held, commencing on the day
specified in the advertisement for such lease and between the
hours of ten o'clock A. M. and five o'clock P. M. to continue from
day to day until all tracts or parcels of land advertised for lease
shall have been leased or offered for lease; but the time for
leasing the same shall not exceed ten days in any county, except
that an adjournment may be made over the Sabbath or any legal
holiday. In counties where a large number of tracts of land are
to be leased the land situated in certain townships may be desig-
nated in the advertisement to be leased on certain specified days
and in such case such lands shall be leased or offered for lease
on such specified days, or for want of time for the leasing or
offering for lease of all such designated lands, the leasing of
those unoffered may be adjourned until the following day or days,
when they must be the first lands offered for lease. Such lands
as shall not have been specially subdivided sha" be leased or
offered for lease in tracts of one-quarter section each, and those
so subdivided in the smallest subdivision thereof. Notice must
be given when the land is offered that all bids are subject to ap-
proval by the board. At the time of offering the lands for lease
the county auditor of the county shall act as clerk, and it shall
be his duty to make report thereof, stating the terms of such
leasing, as* is prescribed in section 190 for making reports of
sales.
Sec. 222. BIDDERS TO PAY FIRST YEAR'S RENT AT
TIME OF LEASING. PROVISIONS FOR FAILURE TO PAY.
—The highest 'bidder for any parcel of land shall at once deposit
152 GENERAL SCHOOL LAWS,
the amount of his bid with the county treasurer, who shal' act
as treasurer of said leasing, failing to do which the bid of the
next highest 'bidder shall be accepted under like conditions;
provided, his bid shall not be less than the minimum price as fixed
under and in pursuance of section 218.
Sec. 223. ADJOURNMENT OF LEASE.— Whenever the
board of university and school lands finds that the interests of
the state will be subserved by the adjournment of the time for
offering lands for lease, the authority conferred by section 188
for adjournment of sales is made applicable to the leasing of
lands.
Sec. 224. APPROVAL OF LEASE AND EXECUTION OF
CONTRACT FOR LEASE. THE BOARD OF UNIVERSITY
AND SCHOOL LANDS TO HAVE POWER TO LEASE TO AP-
PLICANTS IN CERTAIN CASES.— Immediately upon receipt
of the report of the county auditor as required by this article,,
the board of university and school lands shall approve and con-
firm the lease of all such tracts as in its judgment should be
made, and shall at once certify a list o'f the approved leases to
the commissioner, who shall without delay execute duplicate
contracts of lease in the form prescribed <by the board, and for-
ward to the lessee a copy marked "duplicate," the "original" be-
ing filed in the office of the commissioner, who shall also forth-
with certify to the auditor of the proper county, a list of such
leases as have been approved by the board. In case any of the
lands in any co-unty may remain unleased after the date adver-
tised for the leasing, the board shall have authority to make con-
tracts of lease for said lands to the first applicant, therefor at not
less than the minimum price thereof.
Sec. 225. (Amended.)— LESSEE NOT TO DESTROY TIM-
BER,— No lessee of any of the common school or public lands of
the state, or his heirs or assigns, shall cut down or take away
from such tract any timber, trees or wood, or suffer or cause the
same to be done by any person, except that such lessee may cut
down or use such amount of dead or prostrate trees, or timber
as may >be sufficient to supply him with fuel for his family or the
families of his employees actually residing upon said tract, and
further, that such lessee, his representative or assigns may. dur-
ing his term or within a reasonable time thereafter remove any
pump, curbing, fencing, or any other improvement he may have
placed thereon or received from any preceding occupant or
lessee of the land. Any lessee violating the provisions of this
section shall forfeit his lease and all rights and interests there-
under, and shall be liable to the state for damages sustained by
the state by reason thereof and shall be guilty of a misdemeanor.
STATE OF NORTH DAKOTA. 15$
Sec. 226. LESSEE NOT TO BREAK UNCULTIVATED
LAND. — No lessee, or the heirs or assigns of any lessee, of any
of the common school or public lands of this state, leased for
meadow or pasturage purposes, or of school or public lands leased
for the purpose of -cultivation, which may contain any unculti-
vated or unbroken land, shall break, plow or cultivate any un-
broken land on any tract so leased, or cause or suffer it to be
done by any other person. And any lessee, or his heirs, or as-
signs, who shall violate the provisions of this section shall incur
the same forfeitures and liabilities as are provided in the pre-
ceding section, and shall also be guilty of a misdemeanor.
Sec. 227. HAY NOT TO BE OUT BEFORE JULY FIRST.— No
lessee or his heirs or assigns, shall mow or cut for hay or feed
any grass on any unbroken land, or cause or suffer the same to
be done by any other person prior to the first day of July in any
year. And any lessee or his heirs or assigns, who shall violate
the provisions of this section shall incur the same forfeitures
and liabilities as are provided in' section 225, and shall also be
guilty of a misdemeanor.
Sec. 228. BOARD OF UNIVERSITY AND SCHOOL LANDS
TO GRANT PERMITS TO CUT HAY AND TO REMOVE DEAD
AND DOWN TIMBER.— The board shall have authority, when
in its judgment it is for the best interests of the state so to do.
to sell the right to cut grass on any of the public lands of the
state and to sell any down and dead timber on said lands for
such price, terms and conditions as they may think proper, but
no dead timber, if standing, shall be deemed to toe included in
the sale unless expressly so specified in the permit. All such
permits shall only be for the current season and between the
fifteenth day of June and the first day of April of the following
year, and no control of rights of occupancy of said land shall be
other than what is specified in such permit; said permit shall
be sold by the several county treasurers, whose duties and com-
pensation shall be prescribed by the board of university and
school lands, but said compensation shall be toased upon a per-
centage of amounts of money collected and remitted to the
state treasurer from said sale of grass and timber in their re-
spective counties. All permits shall be paid for in advance.
Sec. 229. TRESPASS UPON PUBLIC LANDS. CIVIL
ACTION FOR. — Whoever commits any trespass upon any of the
lands owned , or held in trust, or otherwise by the state shall be
liaible in treble damages in an action to be brought in the name of
the state, if such trespass is adjudged to have been willful; but
single damages only shall 'be recovered in such action if such
trespass is adjudged to have been casual and involuntary.
154 GEiNEiRAL SCHOOL LAWS,
Sec. 230. WILLFUL TRESPASS. PENALTY.— Whoever
commits any willful trespass upon any of the lands owned or held
in trust or otherwise by this state, either by cutting down or
destroying any timber or wood standing or growing thereon, or
by carrying away any timber or wood .therefrom, or by
mowing or cutting or removing any hay or grass standing or
growing or -being thereon, or who injures or removes any build-
ings, fences, improvements or other property belonging or apper-
taining to said land or unlawfully 'breaks or cultivates any of
said lands or aids, directs or countenances such trespass or other
injury shall be deemed guilty of a misdemeanor, and upon con-
viction thereof shall be punished by imprisonment in the county
jail not more than one year, or by fine not exceeding five hundred
dollars, or both such fine and imprisonment, in the discretion of
the court. And whoever is occupying, residing upon or in
possession of any school or other public lands owned or held in
trust or otherwise by the state at the time of the passage, ap-
proval and taking effect of this act without a valid lease there-
for shall be deemed and held to be a willful trespasser thereon,
and guilty of trespass upon such land, and upon conviction
thereof shall be punished as provided for in this section for any
other act of trespass.
Sec. 231. PROPERTY TO BE SEIZED.— In addition to the
penalties provided for in this article against those committing tres-
pass upon any of the lands owned or held in trust or otherwise by
this state, the commissioner is authorized and empowered without
legal process to seize and take, or cause to be seized and taken
any and all timber, grass, wood or other property unlawfully sev-
ered from such lands, whether the same has been removed from
such lands or not, and may dispose o>f the property so seized and
taken, either at public or private sale, in such manner as will be
most conducive to the interests of the state; and all moneys
arising therefrom after deducting the reasonable and necessary
expenses of such seizure and sale shall be made a part of the gen-
eral fund belonging to the public lands and shall be distributed
in accordance with the provisions of this article.
Se€. 232. DAMAGES. — All damages recovered for any tres-
pass, or other injury upon or to any of the lands mentioned in this
article, shall be paid over to the state treasurer for the benefit of
the general fund to which the same properly belongs.
Sec. 233. STATE'S ATTORNEY TO PROSECUTE AND RE
PORT. — The state's attorneys of the several counties shall
promptly report to the commissioner all cases of trespass com-
mitted upon such lands, which may come to their knowledge, and
shall, when directed by the attorney general, prosecute all actions
STATE OF NORTH DAKOTA. 155
for any trespass or injury thereto, or for recovery of possession
thereof, or otherwise.
Sec. 234. EXPENSES OF SALE, HOW PAID.— The expenses
of publishing notices of the sale of the university, school and all
other public lands of the state shall be paid by the state treasurer
upon the warrant of the state auditor out of the general or cur-
rent funds of the different institutions as designated in section
215, and such expenses shall be apportioned according to the re-
ceipts credited each fund from proceeds of each and every sale.
All (bills for such publishing shall be verified by the publisher
and approved by the board of university and school lands.
Sec. 234a. EXPENSE OF ADVERTISING AND LEASING.—
There is hereby annually appropriated out of any funds in the
treasury not otherwise appropriated the sum of two thousand
dollars, or so much thereof as may be found necessary, for the
purpose of paying the expense of advertising the common school
lands for lease and the attendant expense of leasing the same.
Sec. 234b. (Amended) FEES FOR SERVICE. DUTY OF
COUNTY TREASURERS.— It shall be the duty of the commis-
sioner of university and school lands to charge and collect the
following fees: For each one year leas.e of school or other state
lands, f 1 . 50. For each lease for a period of more than one year,
f 3. For each contract for lands purchased, |5. For 'each
patent, $5. For approving and recording each assignment of
school land contract, f 5. For furnishing certified copies of school
land contracts, $3. All fees must be paid in advance and when
collected must be paid into the state treasury at the end of each
month and be placed to the credit of the expense fund of the
board of university and school lands. It shall be the duty of the
county treasurer of any county where any such lands are leased
or sold to collect the fees hereinbefore provided for at the time
the first payment thereon is made for leases and contracts of sale
and transmit the same to the commissioner on the first day of
each month.
Sec. 235. APPROPRIATION FOR EXPENSES OF BOARD.—
There is hereby annually appropriated out of any funds in the
treasury not otherwise appropriated the snim of five thousand dol-
lars, or so much thereof as may be found necessary, for the sal-
aries and expenses of the commissioner of university and school
lands, clerk hire, record books, blanks and all such other expenses
as shall be necessarily incurred by the board of university and
school lands in carrying out the provisions of this article, and
such expenses shall be paid out of the treasury, and upon satis-
factory vouchers therefor the state auditor shall issue his war-
rant for the same.
156 GENERAL SCHOOL LAWS,
FUNDS OF AGRICULTURAL COLLEGE AND DEAF AND DUMB ASYLUM,
(Chapter 138, Laws of 1901.)
Section 1. STATE AUDITORS TO PAY OVER FUNDS.
— All moneys received a,s interest for rents, penalties,
permits or from any other source than from the prin-
cipal of sales of agricultural college lands, and lands be-
longing to the deaf and dumb asylum, state university and
school of mines, shall be paid over to the respective institu-
tion treasurers of the agricultural college, deaf and dumb
asylum and state university and school of mines upon the
warrant of the state auditor on the first day of January,
April, July and October in each year.
Sec. 2. FUNDS SUBJECT TO ORDER OF.— The funds
herein referred to shall be subject to the order of the respec-
tive boards of trustees of each institution herein mentioned
and shall be used for the maintenance of such institutions.
APPROPRIATION FOR SELLING SCHOOL LANDS.
(Chapter 13 Laws 1901.)
Section 1. APPROPRIATION.— There is hereby annual-
ly appropriated out of any funds in the treasury not otherwise
appropriated, the sum of four thousand dollars, or so much
thereof as may be found necessary, for the purpose of paying:
the expense of appraising, advertising and selling common
school, institution or other lands, under the control of the
'board of university and school lands.
STATE OF NORTH DAKOTA. 157
APPENDICES.
APPENDIX A.
SPECIAL LAWS.
The following special laws enacted by the legislative assembly
from 1877 to June 20, 1886, pertaining to the organization and
government of independent school districts and acts amendatory
thereof are in full force and eifect, to>wit:
(a) "An act ^providing a board of education for the city of
Fargo, Dakota Territory, and regulating the management of the
public schools therein," approved February 20, 1879.
(b) "An act providing for a board of education for the city of
Jamestown, Dakota Territory, and regulating the management
of the public schools therein,'' approved March 3, 1883.
(c) "An act providing for a school board for the city o»f Lis-
bon, and for other purposes," approved March 13, 1885.
(d) "An act to create certain territory now within the school
township of Brightwood, Kichland County, Dakota Territory, as
an independent school district. No. 1 (Hankinson), Richland
county, Dakota Territory," approved March 13, 1885.
(e) "An act establishing the independent school district of
Walcott, Richland county, Dakota Territory," approved March
13, 1885.
(f) "An act to create a joint school township (Waziya) in the
counties of Griggs and Steele," approved March 13, 1885.
All other special and private laws pertaining to the establish-
ment and management of schools in that portion of the Territory
of Dakota which now constitutes the state of North Dakota, have
expired by their own limitation, or otherwise.
158 GENERAL SCHOOL LAWS,
APPENDIX B.
STATUTES NOT INCLUDED IN SCHOOL LAWS.
PENALTY FOB FAILURE TO MAKE EEPOKTS.
.Sec. 306. PENALTY.— Any county, city, village, civil town-
ship, school township or school district officer, who is required
by law to 'make an official report to any other county, city, village,
civil township, school township or school district officer, board,
tribunal or state officer, and who willfully neglects to make such
report, or fails to perform such official duties, shall forfeit and
pay to the state a penalty of not less than ten nor more than two
hundred dollars, to be recovered from such delinquent officer, or
from him and the sureties upon his official bond, in a civil action
to ibe broiught iby the state's attorney in any court of record hav-
ing jurisdiction.
Sec. 307. EXAMINATION OF RECORDS. STATE'S AT-
TORNEY TO PROSECUTE.— It shall be the duty of the board
of county commissioners and the state's attorney in each county
to examine the records of the several county officers at "the end
of the officer's term of office to see thait they have been properly
kept. Any failure must be remedied or it shall become the duty
of the state's attorney to prosecute any such officer for neglect
as provided in the last section. It shall also be the duty of the
city council, board of aldermen, village trustees, civil township
supervisors, school township or school district board, as the case
may be, to examine the records of their several officers in a like
manner, or upon complaint 'by the proper board the state's attor-
ney shall prosecute as provided in the last section.
Sec. 308. BLANKS TO P>E FURNISHED.— It shall be the duty
of the county, city, village, civil township, school township or
school district officers to provide at the expense of the county,
city, village, civil township, school township or school district,
such 'blanks and records as are necessary for making the proper
record and the transaction of any official business connected with
his office.
STATE OF NORTH DAKOTA. 159
FILING BOND OF TREASURER.
Sec. 34G. BONDS OF TOWNSHIP AND SCHOOL DISTRICT
OFFICERS. — It shall be the duty of each county auditor on or
before the first day of March in each year to 'procure the proper
blank bonds and >send them to the clerk of each township and
school district, and all such officers required by law to give bonds-
shall procure such bonds from the proper clerk; and shall imime-
diately after the execution and approval thereof hand the same
to the clerk of the township, whose duty it shall be forthwith to
file such bonds, except those of justices of the peace, with the
county auditor, and the county auditor shall on receipt thereof
examine such bonds and see that they are properly executed and,
if he finds that any bonds are not executed according to law, he
shall note thereon any errors and return them to the clerk for
correction, and it is hereby made the duty of the clerk to have
such bonds corrected forthwith and return the saime to the county
auditor. The county auditor shall not issue any order upon the
county treasurer for funds or money belonging to a civil town-
ship or school district to any person as treasurer of such town-
ship or school district until his bond has been filed as in this sec-
tion provided.
BONDS.
Sec. 2474. BONDED INDEBTEDNESS, FOR WHAT IN-
CURRED. LIMIT OF. — Any city or municipal corporation in
this state may incur a bonded indebtedness for the purpose of
erecting public school buildings and other buildings for city pur-
poses, purchasing fire apparatus; putting in waterworks, sinking
public wells or cisterns and 'putting in sewers and improving
streets, which said indebtedness, together with the indebtedness
which then exists shall not, except as otherwise provided, exceed
five per cent of the assessed valuation of the taxable property in.
such city or municipal corporation as shown by the return of the
assessor for the year next preceding the time at which such
indebtedness shall be incurred.
Sec. 2475. BONDS, HOW ISSUED. ELECTION.— The bonds-
issued for the purposes mentioned in the last section shall be
issued by the city council or board of trustees of any city or
municipal corporation only upon a majority vote of the qualified
electors of such city or municipal corporation voting thereon at
an election regularly called for that purpose and in accordance
with the provisions of the charter of such city or municipal cor-
poration governing the issuance and sale of bonds; provided,
that in all cities and municipal corporations where the charter
160 GENERAL SCHOOL LAWS,
does not provide the manner of calling and holding an election
for the purpose aforesaid, a special election shall be called and
Jield as herein provided, or such question may be submitted at
any annual election. The city council or board of trustees at any
regular meeting thereof may decide to call a special election to
vote 'bonds for any of the purposes stated in section 2474, and
they shall give at least fifteen days' public notice of such election
by at least two publications thereof in a weekly newspaper pub-
lished therein, or if there is no such newspaper then by posting
such notice in five public places in such city. Such notice shall
state the amount and denomination of the bonds to be voted for,
the rate of interest thereof, the purpose for which such -bonds are
to 'be issued, the form of the ballots to foe used and the time and
place of holding such election. The judges and clerks shall be
appointed and the election shall be conducted as provided by the
charter of said city for conducting annual elections, and the re-
turns shall be canvassed and in like manner returned. This
article shall not be construed to limit or restrict the powers al-
ready conferred by any special charter upon the council of any
city or municipal corporation. The bonds voted as provided
for in this article shall 'be sold at not less than par value.
Sec. 2483. BONDS MAY BE REFUNDED.— All bonds here-
tofore issued by any city or by or under the authority of the board
of education of any city in this state for school or school house
purposes may be refunded in the discretion of said board in the
manner hereinafter provided, whenever there is not sufficient
money in the treasury of such city applicable thereto, to pay such
bonds.
Sec. 2484. DENOMINATION OF BONDS.— Said bonds shall
be in in denominations of not less than one hundred nor more
than one thousand dollars, shall be numbered consecutively from
one upward, shall bear the date of their issue, shall be made pay-
able to the purchaser or bearer, shall 'be payable ten years from
date, and shall bear interest at a rate not exceeding seven per
•cent per annum payable annually, with interest coupons attached,
and principal and interest shall be made payable at such place
as may be designated by the board of education. The bonds and
-each coupon shall be signed by the mayor and attested by the
city clerk or auditor under the seal of the city. Said bonds shall
be -printed, engraved or lithographed on bond paper, and a duly
authenticated copy of this article shall be printed on the back
of each bond.
Sec. 2486. BONDS, HOW EXECUTED.— The refunding of in-
'd^btedness and the issuance of bonds provided in this article
;shall be under the control and direction of the board of education,
STATE OF NORTH DAKOTA.
and a • resolution of said board directing the execution of such
bonds and specifying the number and amount of each bond shall
authorize and require the mayor and city clerk or auditor to
execute the" same in the manner herein provided, and deliver the
bonds so executed to the board of education who shall provide
for the sale and negotiation thereof or for the exchange of said
bonds for outstanding bonds authorized to be refunded under
this article, as they may deem best; provided, that such refunding
'bonds shall not be sold or exchanged at less than par value.
Both principal and interest of said bonds shall be paid by the
city treasurer by warrants drawn upon the funds created there-
for and issued under the direction of the board o<f education. A
duly certified copy of the resolution of the board of education
authorizing and directing the execution of such bonds by the
mayor and city clerk or auditor shall be printed on the back of
each bond. A register of all bonds so executed shall be made
Iby the city clerk or auditor and kept in his office as a public
record, showing the number, date, amount, interest, name of
payee and when and where payable, of each and all bonds exe-
cuted under the provisions of this article. And after such out-
standing bonds shall have been so refunded the same shall be
placed in the hands of the city clerk or auditor after having had
first marked across the face thereof in red ink the words "re-
funded bond;" and the city clerk or auditor shall thereupon make
a record of each bond in the same manner provided herein for
bonds issued under this article and at the next regular meeting
of the city council shall cancel and burn said bonds in the pres*
ence of the city council and make a record of such action in the
proceedings of the council.
Sec. 2487. INTEREST FUND.— Any city, town or village in
this state having not less than three thousand inhabitants is
authorized and empowered through .its proper officers to levy and
collect taxes not exceeding twelve mills on the dollar of the
assessed valuation of said city, town or village, for the purpose
of creating an interest fund with which to pay interest upon the
existing bonded indebtedness of such municipality, including
bonds, if any, issued under the direction of the respective boards
of education therein. If any officer of such municipality shall
use the moneys collected by virtue of this section for any other
purpose than that expressed herein, he shall be guilty of a mis-
demeanor, and upon conviction thereof shall be fined not less
than one hundred nor more than five hundred dollars or impris-
oned in the county jail not less than thirty days nor more than
one year.
•Sec. 2488. SINKING FUND.— They may also levy and collect
taxes not exceeding four mills on the dollar for the purpose of
162 GENERAL SCHOOL LAWS,
creating a sinking fund to pay the bonds of the municipality as
the same may 'mature; and the proper officers of the municipality
may invest the money in said fund in interest bearing securities
of the state or of any organized county therein or of the munici-
pality, and shall in no other manner dispo-se of the money in said
fund, and if any officer O'f such municipalities shall use the money
in said fund in any other manner than as provided in this section
he shall be guilty of a misdemeanor.
BONDS FOE LABOR AND MATERIAL FOR PUBLIC BUILDINGS.
Sec. 4802. BONDS FROM CONTRACTORS ON PUBLIC IM-
PROVEMENTS.—Whenever any public officer shall, under the
laws of this state, enter into contract in any sum exceeding one
hundred dollars, with any person for making any paiblic improve-
ments, or for constructing any public building, or making re-
pairs ,pn the same, such officer shall take from the party con-
tracted with a bond, conditioned to the effect that such co:i<
tractor shall pay all indebtedness incurred for labor or material
furnished in the construction or repair of such public building
or in making such public improvements.
Sec. 4803. HOW BOND EXECUTED.— Such bond shall run
to the <state of North Dakota, shall be executed by two or more
sureties and shall be for an amount at least equal to the price
stated in the contract. It shall be approved by the clerk of the
district court of the county in which such building is to be con-
structed or such public improvement is to be made and the sure-
ties thereon shall qualify in a sum equal to double the amount
specified in the bond.
•Sec. 4804. WHERE BOND FILED. RECOVERY ON.— Such
bond shall be filed in the office of the clerk of the district court
of the county in which such public improvement is to be made or
such public building is to be erected; and1 any person to whom
there is due any sum for labor or material furnished, as stated
in section 4802, or his assigns, may bring an action on the bond
for the recovery of such indebtedness; provided, that no action
shall be brought on such bond unless commenced within one year
from the completion oif such public improvements, repairs or
buildings.
SPECULATION IN OFFICE PROHIBITED.
iSec. 7632. UNLAWFUL PURCHASES BY SCHOOL DIS-
TRICT OFFICERS. — Every person who while an officer of any
school district or corporation, or deputy or clerk of smch officer,
directly or indirectly, buys or traffics in or in anywise becomes a
STATE OF NORTH DAKOTA. 163
party to the purchase of any school warrant, order or scrip, or
any bill, account, claim or evidence of indebtedness against his
school district or corporation, for any sum less' than the full face
value thereof, is guilty of a misdemeanor, and upon conviction
thereof is punishable by a fine of not less than fifty and not ex-
ceeding five hundred dollars.
APPENDIX C.
DIGEST OF DECISIONS OF SUPREME COURT.
SCHOOL DISTBICTS-POWERS.
Laws Dak. 1870, Chap. 14, Sec. 29, Subd. 4, provides that the in-
habitants qualified to vote at a school district meeting may vote
for a site for a school house. By subdivision 5, they may vote a
tax to purchase or lease such site. By section 50, it is -made the
duty of the district board "to purchase or lease such1 site for a
school house as shall have been designated by the voters at a dis-
trict meeting;" and to build such a school house as the voters of
the district shall have agreed upon. Held, that the power to
acquire a site for a school house is vested exclusively in the voters
of the district, and the board have no independent authority
whatever.
Farmers' and Merchants' National Bank of Valley City, vs. School
District No. 53, Barnes County, 42 N. W., 767.
The statute restricts the amount of obligations a school district
may incur in any one year to li per cent on the value of the tax-
able property in the district. Held, that warrants payable im-
mediately, for sums exceeding such percentage, are invalid. Id.
The district may plead ultra vires to an action on warrants
issued for the purchase of a school site 'by the district board with-
out authority. Id.
SCHOOL AND SCHOOL DISTKICTS— TAXATION-CONTRACTS.
Laws Dak. 1879, Chap. 14, Sec. 29, Subd. 5, provides that school
districts may vote annually a tax of 1 per cent on the taxable
property of the districts to purchase or lease a site for a school
Tiouise. Subdivision 8 provides that school districts may vote a
tax as may be necessary, not exceeding one-half per cent in any
164 GENERAL SCHOOL LAWS,
one year, to furnish the school with furniture and apparatus. A
school board issued orders in excess of 1 1-2 per cent of the tax-
able property in the district, on which they obtained money,
which was used in purchasing a site and building, and furnish-
ing a school house; and, on completing the school house two years
thereafter, reported such orders, showing that they amounted to
less than 1 1-2 per cent tax for each of the two years would have
produced, and the district accepted and occupied the school
house, and approved the report. Held, that the district had
power to issue the orders, and had ratified the action of the board
in issuing them, and was bound thereby.
Capital Bank of St. Paul vs. School District No. 85, Cass County,
42 N. W., 774.
SCHOOL AND SCHOOL DISTRICTS-INCORPORATION-BONDS-ESTOPPEL.
Pol. Code Dak. 1877, Chap. 40, Sec. 10, provides that "it shall
be the duty of the county superintendent of schools
to divide his county into school districts, subdivide and rearrange
the boundaries of the same, when petitioned by a majority of the
citizens residing in the district or districts to be affected by said
change and to furnish the county commissioners
with a written description of the boundaries of each district,
which description must be filed in the register of deed's' office
before such district shall be entitled to proceed with its organi-
zation." Held, that a petition by a majority of the citizens of
the districts affected is a condition precedent to the incorpora-
tion by the superintendent of a new district.
Dartmouth Sav. Bank vs. School Dists. Nos. 6 and 31, Minnehaha
County, 43 N. W., 822.
In an action on a bond issued by a district formed without such
petition against districts which are its successors, defendants
are not estopped to deny that district's incorporation by showing
failure to present the petition. Id.
SCHOOL DISTRICTS— TEACHER'S SALARY— WARRANTS.
Every contract relating to the employment of a teacher who
does not hold a lawful certificate of qualification is void by the
express terms of the statute, and every warrant issued in pay-
ment of services of such teacher is without consideration and
void.
Goose River Bank vs. Willow Lake School Twp., Steele County,
44 N. W., 1002.
STATE OF NORTH DAKOTA. 165
School township warrants are not negotiable instruments, in
the sense that their negotiations will cut off defenses to them
existing against them in the hands of the payee. Id.
The officers of a school township cannot estop the township by
a representation, express or implied, that the facts to authorize
the issiue of a lawful warrant exist. Id.
Where a contract is expressly prohibited or declared void by
statute, retention of the fruits of such contract will not subject a
municipality to liability under the contract or on a quantum
meruit. Id.
A person who assists a public officer in depriving the public of
the benefits of a statutory protection designed to guard the peo-
ple against unfit and incompetent teachers has no standing in
court, and his assignee will receive no greater consideration. Id.
Coler et al. vs. Dwight School Twp., of Bichland County.^ (Su-
preme Court of North Dakota, April 25, 1893.)
SCHOOL TOWNSHIP— ESTOPPEL-EXISTENCE OF DISTRICT.
1. (The county superintendent of schools, under chapter 14,
laws of 1879, organized a school district. School district officers
were elected, and exercised the functions of their respective offi-
ces; teachers were employed by the district, and school was
taught therein, and a school meeting was held in the district to
vote upon the question of issuing bonds to build a school house.
Such ibonds were thereafter issued. In an action upon some of
the interest coupons of such bonds; Held, that the district was
a defacto municipal corporation, and that therefore the defense
could not be interposed that the bonds were void on the ground
that the district had no legal existence because of a failure to
comply with provisions of the statute regulating the organization
of such districts in matters which went to the jurisdiction of the
county superintendent to organize the district.
2. Municipal corporations are estopped, as against bona fide
holders of municipal -bonds, from setting up as a defense to an
action thereon that all the preliminary steps necessary to author-
ize the issue of- the bonds were not taken, when the officers wrho
have charge of the issue of such bonds are especially or impliedly
authorized to determine whether all the conditions precedent to
the issue of valid bonds have been complied with, and recite in
the .bonds so issued that they have been complied with. It is
not necessary to estop the corporation that this statement should
set forth in detail that all the preliminary steps have been taken.
It is sufficient that it declare that the bonds are issued in pursu-
ance of a certain statute, specifying it. Neither is it essential
166 GENERAL SCHOOL LAWS,
that the officers issuing the bonds should be expressly authorized
to determine such questions.
It is sufficient if they are given full control in the matter.
3. A school township organized under chapter 44, laws of
1883, becomes, immediately upon such organization, liable for
debts of a district, the school house and furniture of which be-
come the property of the school township. This liability is com-
plete, and does not depend upon the settlement of equities be-
tween several districts included in the new school township, un-
der sections 136-138, c. 44, laws 1883.
(Syllabus by the Court.)
Prairie School Dist. vs. Haseleu et al.
(Supreme Court of North Dakota, July 6, 1893.)
SCHOOL DISTRICTS— POWERS OF OFFICERS-LOSS OF FUNDS— LIABILITY OF
TREASURER ON OFFICIAL BOND-PAROL EVIDENCE-HARMLESS ERROR.
*
'1. Chapters. 4445, Session Laws Dak. Ter. 1883, relating to
school townships and school house bonds, considered. Held,
that the school board (consisting of the treasurer, clerk and
director) is the official governing board of such school township,
and 'such ;board has full power and authority to issue, negotiate
and sell such bonds of the school township as have been duly
voted by the electors for the purpose of building a school house.
Held, further, that the school township treasurer, acting inde-
pendently, has no authority under the law and by virtue of his
office as treasurer, to issue, negotiate or sell such bonds.
2. Where the school board of the plaintiff, consisting of the
treasurer, clerk and director, issued certain school house bonds,
which had been regularly voted by the electors, and in doing so
delivered such bonds to a bank to be negotiated and sold for Ihe
benefit of the school towTnship, and the bonds were sold and put
in circulation, but the proceeds were never turned over to the
school township, 'but, on the contrary, were lost to the school
township. Held, that the school board was wholly responsible
for such loss. Held, further, that such bonds not having been
delivered to the treasiurer for negotiation and sale, and he never
having sold or attempted to sell the same, an action will not lie
against the; treasurer or his sureties on his official bond for a
(breach of the condition of such bond, which requires the treas-
urer to account for and pay over all moneys and property which
shall come into his hands as treasurer.
3. The obligations of sureties upon official bonds are meas-
ured by the language of the bond, and where the condition of a
'bond embodies the provision of the statute, and ho more, the obli-
STATE OF NORTH DAKOTA. 167
gation cannot ibe expanded by construction beyond the fair im-
port of the language in which the sureties have consented to be
bound.
4. When the bonds were delivered by the board at the bank
for negotiation and sale, all members of the board were at the
bank,~and acting in concert. At the time the cashier of the
bank delivered to the treasurer a writing as follows: "$1,000.
Grand Rapids, Dakota, September 28th, 1883. Received of Wil-
liam Haseleu, Treasurer Prairie School Town-ship, one thousand
dollars in bonds of Prairie Township, LaMoaire Co., D. T., for
placing and Or. A. H. Huelster, Cashier Bank of Grand Rapids."
Held, that such writing embodied both a receipt and a contract,
and that as such its terms could be varied and explained by parol
evidence, but only as to that part which is a mere receipt.
5. Where it appears that upon the uncontroverted facts the
plaintiff cannot recover in the action, a. verdict and judgment for
defendants will not be disturbed 'by this court even when the
records show errors in procedure. Such errors are without
prejudice.
(Syllabus by the Court.)
Gull River Lumiber Company, Plaintiff and Respondent, vs. School
District No. 39, Barnes County, D. T., Defendant and Appel-
lant.
1. PRACTICE-FINDINGS OF FACT.
When the trial court determines the issue of fact without a
jury, the requirement of the statute as to findings is mandatory,
and not directory. In such cases it is the duty of the trial court
without request to make express findings of the ultimate facts
which are material and arise upon the pleadings. Accordingly
when the district court, in such case, made no express findings
of the ultimate facts which were in issue, but instead of doing so
adopted certain documentary evidence, and a certain stipulation
of facts, as its findings of facts, and from such findings drew cer-
tain legal conclusions, upon which judgment was entered. Held.
reversible error.
2. CAPITAL BANK VS. SCHOOL DISTRICT FOLLOWED.
Merits of this case same as decided at present term of court, i.
e. Capital Bank of St. Paul vs. School District No. 53.
Gull River Lumber Company vs. School District No. 30, of Barnes
Countv.
168 GENERAL SCHOOL LAWS,
1. TRANSFER OF CAUSES UNDER THE OMNIBUS BILL.
Respondent, after admission of North Dakota into the Federal
Union, argued the appeal in this case in the supreme court of the
state, applied for a rehearing after defeat, and after securing a
rehearing applied for and Obtained a continuance. Held, that he
could not thereafter obtain a transfer of the case to the federal
court on the ground of diverse citizenship, under the provisions
of the enabling act.
(Opinion filed Feb. 2, 1891.)
Capital Bank of St. Paul, Plaintiff, Appellant vs. School District
No. 53, Barnes County, D. T., Defendants and Respondent.
1. SCHOOL DISTRICT— CONTRACT ULTRA VIRES— RATIFICATION.
A contract authorized toy the inhabitants of a school district
at a district meeting, to build a school house for an amount in
excess of funds on hand or subject to collection for that purpose,
and the amount that could be realized from the maximum tax
which could be levied by the inhabitants for the current year and
used for that purpose, is void. Therefore, Held, that such a con-
tract, void because the district board had no authority to make
it, could not be made binding upon the district by subsequent rat-
ification by the inhabitants. Whether there was sufficient evi-
dence of such ratification not decided.
2. SAME— RECEIPT OF FRUITS OF CONTRACT CREATES NO LIABILITY
Such contract being implied prohibited by statute, the receipt
•by the district of the fruits thereof creates no liability either
under the contract or for the value received.
3. SAME— WARRANT CREATES NO LIABILITY.
A warrant creates no greater liability than the debt it repre-
sents, whether in the hands of the original party or of a purchaser
'before maturity and for value.
(Opinion filed Nov. 29, 1890.)
Goose River Bank vs. Gilmore et al.
(Supreme Court of North Dakota, Jan. 25, 1893.)
APPEAL FROM ORDER DENYING NEW TRIAL— RECORD.
1. When an appeal is taken from an order denying a new
trial, and the 'motion for a new trial was heard in part upon cer-
tain papers and documents, which, on appeal to this court, have
been properly identified by the judge and certified by the clerk
of district court, a motion to purge the record of such papers and
STATE OF NORTH DAKOTA. 169
documents for the reason that the same are not authenticated
by any bill or statement, cannot be sustained. Under section 5,
chapter 120, laws 1891, no bill or statement is required to bring
such papers and documents before the court.
2. The stenographer's transcript of the proceedings had at the
trial, and used on a motion for a new trial for the purpose of
showing errors of law occurring at the trial, does not constitute
an authenticated record and before this court can review errors
occurring at the trial the proceedings must be brought upon the
record by a bill of exceptions or statement of the case.
3. An affidavit used upon a motion for a new trial, which
states that certain evidence could and would be offered if a new
trial should be granted, is entirely insufficient unless it also states
that such evidence is newly discovered, or furnishes some excuse
lor not introducing it on the former trial.
(Syllabus by the Court.)
People's Bank of St. Paul vs. School District No. 52.
(Supreme Court of North Dakota, December 16, 1893.)
SCHOOL DISTRICT BONDS — STRICT COMPLIANCE WITH STATUTE.
Where a statute authorized the issue of municipal bonds pay-
able in not less than ten years from date, bonds issued there-
under, payable in eleven days less than ten years from date are
Toid, even in the hands of a bona fide purchaser.
INDEPENDENT LIABILITY OP DISTRICT.
The invalidity of such bonds does not affect the liability, if
-any, of the municipality, independently of the bonds.
BONA FIDE PURCHASERS— NOTICE OF LAW.
It is elementary that even bona fide purchasers of negotiable
municipal securities are charged with knowledge of all the
requirements of the statute under which the securities were
issued.
Benjamin W. Hosmer vs. Sheldon School District No. 2.
(Supreme Court of North Dakota, July 23, 1S94.)
SCHOOL DISTRICT— TEACHER'S CERTIFICATE— VOID; EMPLOYMENT.
A contract duly executed between the proper officers of a school
•district and another person, by the terms of which said person is
•employed as a teacher in a public school in said district, is void
where such person, at the time of making the contract, holds no
certificate of authority to teach in the county where the district
is located.
170 GENERAL SCHOOL LAWS,
CERTIFICATE WILL NOT RELATE BACK.
The subsequent procurement of such certificate will not enable
such person to recover against the district damages for the
breach of such contract.
Samuel D. Flagg vs. School District No. 70.
(Supreme Court of North Dakota, March 19, 1894.)
MUNICIPAL BONDS — PROVISION FOR EXCHANGE DESTROYS NEGO-
TIABILITY.
An instrument providing for the payment of exchange on a
point other than the place of payment, in addition to principal
and interest, is not a negotiable instrument; and one who pur-
chases the same 'before maturity for value, and without notice
of any defense thereto, nevertheless takes it subject to the defense
of want of consideration good as between the original parties to
the instrument.
CERTIFICATE OF PROPER OFFICER— EVIDENCE OF VALIDITY.
Defendant was authorized to issue bonds to fund its outstand-
ing indebtedness in case certain statutory prerequisites were
complied with. A record of the proceedings culminating in the
decision to issue bonds was to be made in the district, and a
certified copy thereof was to be filed with the county clerk, and
preserved as a record in his office. It was made the duty of the
county clerk to examine such record in his office, and if satisfied,
from such examination, that all the requisites of the act with
respect to the preliminary proceedings had been complied with,
and that the bonds were authorized to toe issued, as provided for
in the act, he was to register the bonds, and indorse upon each of
them his certificate in the form prescribed in the statute. ' The
bonds in question were so registered and certified. Held, that a
purchaser of such bonds, for value, before maturity, and without
notice that any of the conditions of the statute relating to pro-
ceedings to authorize the issue of the bonds had not been com-
plied with, could rely upon the certificate of the county clerk ais
finally settling all such matters, and that the coiurt below did not
err in rejecting defendant's offer to prove that such conditions
had not been complied with.
BONDS REGISTERED ANP CERTIFIED AS LEGAL UNDER STATUTE
NOT OPEN TO QUESTION IN HANDS OF BONA FIDE
PURCHASERS.
By an amendment to the act, it was provided that no district,
in which the title to the school site was not in the school board,
STATE OF NORTH DAKOTA. 171
should bond its debt until it had obtained such title. But it wais
declared in such amendment that, after the bonds had been regis-
tered and certified, their validity should not be questioned in any
tribunal, but should be and remain valid and binding. Held,
that this provision made it the duty of the county clerk to pass
upon this question of title before registering and certifying the
bonds, and that, therefore, his decision, evidenced 'by registering
and certifying the bonds, that such condition as to title to the
school site had been complied with, was final on the point, as
against the district, in favor of one who purchased the bonds in:
good faith, for value, without notice that this condition had not
been complied with.
RECITALS IN NON-NEGOTIABLE BONDS.
The right of a bona fide purchaser of municipal 'bonds to rely
upon a recital or certificate as to facts which the person making
the same had authority to determine, does not depend upon the
bond being a negotiable instrument. It exists in the case of a
bona fide purchaser of a non-negotiable -bond as well.
WANT OF CONSIDERATION CANNOT BE SHOWN AGAINST A BONA FIDE
PURCHASER.
The statute declared that a committee should audit the claims
against the district, and determine the amount of indebtedness
to be funded. Held, that the auditing by the committee of
claims against the district, and the vote of the district to bond
to pay such bonds, as against a. bona fide purchaser of such
bonds; that an inquiry as to the validity of such claims as a con-
sideration for such bonds, as against a bona fide purchaser of
such bonds, that, as against such purchaser, the district could
not 'Show, to prove a want of consideration between the original
parties, that the bonds were in fact paid for by the one to whom
they were originally issued by the district, 'by the surrender of
void claims held by him against the district, provided such claims
had in fact been audited and canceled, and bonds voted and issued
under the provision's of the statute.
/Samuel D. Flagg vs. School District No. 70, Barnes County.
. (Supreme Court of North Dakota, October 28, 1895.)
ACTION ON SCHOOL BONDS— EVIDENCE OF WANT OF CONSIDERATION.
Under the decision of the court on the former appeal in this
case (58 N. W. 490, N.*D. 30) it was held that the defendant could
show a want of consideration for the bonds sued on by proving
that defendant received neither cash nor audited and canceled
172 GENERAL SCHOOL LAWS,
warrants ais a consideration for them. For error in refusing to
allow such proof the judgment is reversed.
(Supreme Court of North Dakota, May 27, 1897.)
SPECIAL DISTRICT— EQUALIZATION OF INDEBTEDNESS.
Where a school district is divided, by the organization of a
city or incorporated town or village situated within said district,
into a special school district, under the provisions of chapter 62
of the laws of 1890, the (board of arbitration provided for by said
chapter to equalize the interests of said districts must take into
consideration the school building owned iby the original district
and adjust the rights of the respective districts concerning the
same.
Coler et aJ vis. Coppin et al.
(Supreme Court of North Dakota, May 10, 1898.)
SCHOOL TOWNSHIP— ENFORCEMENT OF JUDGMENT.
1. When a judgment is obtained against a school township
organized under chapter 44 of the laws of 1883, on an indebted-
ness of a school district for whose indebtedness such school town-
ship became liaible under section 144 of such statute, the judg-
ment creditor may proceed to enforce such judgment, the same
as any other judgment against such school township.
APPENDIX D.
NOTES AND REFERENCES.
Note 1. Section 343 fixes the bond of the superintendent of
public instruction at $5,000.
Note 2. Section 343 fixes the bond of the county superin-
tendent at |500.
Note 3. Article 9 provides for the filling of vacancies. Sec-
tion 359 provides when vacancies occur.
Sec. 359. VACANCIES, HOW CAUSED.— Every office shall
"become vacant on the happening of either of the following
•events :
1. Death of the incumbent.
2. His insanity judicially determined.
3. His resignation.
STATE OF NORTH DAKOTA.
4. His removal from office.
5. His failure to discharge the duties of his office, when such
failure has continued for sixty consecutive days, except when pre-
vented from discharging such duties by sickness or other unavoid-
able cause.
6. His failure to qualify as provided by law.
7. His ceasing to be a resident of the state, district, county
or township in which the duties of his office are to be discharged,,
or for which he may have been elected.
8. His conviction of a felony or of any offense involving moral
turpitude or a violation of his official oath.
9. His ceasing to possess any of the qualifications of office
prescribed by law.
10. The decision of a competent tribunal declaring void his
election or appointment.
See also section 730 of article 9.
Temporary absence from the district for which the officer is
chosen does not work a forfeiture of the office. The failure to
elect a successor in office does not create a vacancy.
Note 4. Section 645 does not confer upon the county superin-
tendent authority to take acknowledgments.
Note 5. COUNTY SUPERINTENDENT, SALARY OF.— In
determining the salary of county superintendent that officer is
entitled to include schools in special and independent districts.
A county superintendent becomes personally responsible for the
accounting from such districts as. reports of clerks and 'treas-
urers have to be filed with him for purposes of statistics and ap-
portionment of the state school fund.
Note 6. Under section 653 a person to be qualified to hold the
office of county superintendent must hold a state certificate or a
first grade county certificate. Such first grade need not be
issued in the county in which the county superintendent resides,
but must be of legal effect at the time the holder assumes the
duties of the office.
Note 7. The amendment to section 660 passed by the legisla-
tive assembly of 1899 was declared to be unconstitutional by the
supreme court in case of Plummer vs. Borsheim. This restores
section 660 of the Revised Codes of 1895, which is as follows :
Sec. 660. WHAT TERRITORY MAY BE ORGANIZED INTO
DISTRICT SCHOOL CORPORATIONS.— The county commis-
sioners, of each county not organized for school purposes under
174 GENERAL SCHOOL LAWS,
the district school system at the taking effect of this code, shall
organize into a district school corporation any territory not, at
the taking effect of this code, already organized into a civil town-
ship or a school township, upon being petitioned so to do by one-
third of the residents of such territory, haying the care and cus-
tody of any child of school age; provided, such territory shall
consist of not less than one congressional township, having at
least eight thousand dollars of taxable property and at least ten
children Oif school age residing therein. The county commis-
sioners of every such county, with the advice and consent of the
county superintendent, may rearrange the boundaries in any
school corporation whose territory is not included within a civil
township, when petitioned so to do by a majority of the voters
residing within such school corporation, whose boundaries will
'be affected thereby, subject to the same restrictions and condi-
tions as to extent of territory, value of taxable property and
number of resident children of school age as in the organization
of a school corporation from territory not included in a civil
township. In the formation of school corporations and the re-
arrangement of their boundaries as provided for in this section.
the boundary lines of congressional townships shall be followed
as far as possible as school corporation lines.
Note 8. Section 667, Kevised Codes, does not permit the organ-
ization of a district when there are twelve or more children of
school age resident therein, without the requisite amount of tax-
alble property, as specified 'by section 660, Revised Codes.
Note 9. ELECTIONS. TERMS OF OFFICERS.— No va-
cancy exists to be filled by appointment when a school board fails
to hold* an election at the time prescribed in Article IV. of the gen-
eral school laws. The officers whose terms expire and whose
successors would have to be chosen at a regular election do not
vacate their office !but hold until their successors are duly elected
and qualified agreeably to the provisions of section 670, Revised
Codes.
Note 10. Section 672 prescribes who is qualified to vote or hold
office and refers to the following sections which emibody section
121 of the constitution ; the restrictions as to registration are not
-applicable.
Sec. 479. WHO ENTITLED TO VOTE.— Every male person of
the age of twenty-one years or upwards who shall have been a
Resident of this state one year, six months in the county and
ninety days in the precinct next preceding the election, who is a
citizen of the United States or any person of Indian descent who
shall have severed his tribal relation two years next preceding
«uch election, shall 'be entitled to vote; provided, he has complied
STATE OP NORTH DAKOTA. 175
with the provisions of any law which is now or may in the future
foe in force relating to the registration of voters. And all per-
sons -possessing the qualifications mentioned in this section and
who have resided in this state one year shall foe eligible to any
office in the state, except as otherwise provided in the constitu-
tion; provided, however, that persons shall vote in the precinct
where they reside and not elsewhere.
•Sec. 480. QUALIFICATIONS OF INDIAN VOTERS.— No In-
dian or person of Indian descent who has not received a final
patent conveying the title in fee of lands allotted to him within
the boundaries of this state, pursuant to an act of the congress
of the United States, approved February 8, 1887, and entitled "An
act to provide for the allotment of lands in several ty to Indians
on the various reservations, and to extend the protection of the
laws of the United States and the territories over the Indians,
and for other purposes/' shall be deemed a qualified elector of the
state of North Dakota, or foe entitled to the nights and privileges
of an elector therein unless he was born within the limits of the
United States, and has voluntarily taken up his residence within
this state separate and apart from any tribe o<f Indians therein,
and adopted the habits of civilized life, and is in no manner sub-
ject to the authority of any Indian chief or council or Indian
agent of the United States.
Note 11. Section 080 provides for the appointment of a clerk.
His qualifications must be those of an elector of the district for
which he is chosen as clerk.
Note 12. Section 681 provides for four regular meetings and
fixes the salary of each director at $8.00 per year, less $2.00 for
each meeting missed. No additional compensation is allowed for
special meetings.
Note 13. There is no conflict between sections 689 and 770
relating to a breach of the conditions of a school treasurer's bond.
Section 770 is merely cumulative prescribing that action against
the treasurer failing or neglecting to pay over funds belonging
to the district may foe begun by the district school board, or the
county superintendent or any taxpayer.
Note 14. SCHOOL PRIVILEGES FOR NON-RESJDENT
PUPILS. — Under section 696, revised codes, the school fooard is
empowered "to admit pupils from other districts when it can be
done without injury or overcrowding such schools." The fooard
is further authorized and empowered to make regulations for
176 GENERAL SCHOOL LAWS,
their admission and the payment of tuition. Whether or not any
provision be made for admission of non-resident pupils is discre-
tionary with the board.
Note 15. SCHOOL HOUSE, LOCATION OF.— A .school board
irnay not lawfully erect a school house upon public school lands
unless the 'board acquires title to the site the same as title would
be acquired to any other land.
Note 16. ENUMERATION.— Persons can be enumerated only
in the district in wrhich they have a legal residence. The legal
residence of a parent or guardian is the legal residence of the
child. Where a party resides at two or more different places
during the same year, it appears by the decisions of various courts
that it is a privilege of said party to determine which place is
his legal residence unless he exercises his rights of citizenship,
for instance, by voting or attending caucus at one place or the
other. Such action would indicate his real intention.
Note 17. STATE SCHOOL FUND NOT TO BE USED IN SUP-
PORT OF PRIVATE OR DENOMINATIONAL SCHOOLS.— Un-
der section 152 of article VIII of the constitution no money raised
for the support of public schools oif the state shall be appropri-
ated to or used for the support of any sectarian school. There
is nothing contained either in the constitution or statutes which
warrants any other use of the fund than for the support of the
common schools.
Note 18. TEACHERS' PERMITS.— A permit to teach must
not fee issued to a person under the age of 18 years.
Note 19. CERTIFICATES, ISSUANCE OF THIRD GRADE.—
Under section 742, revised codes, a county superintendent may
issue a third grade certificate to a party wTho has taught less than
fifteen months on a third grade certificate, irrespective of the
number of third grade certificates that may have been previously
issued to said party.
Note 20.— TEACHER'S CONTRACT NOT AFFECTED BY
CHANGE IN ORGANIZATION OF DISTRICT.— A contract
made and entered into 'between a general school district and a
teacher is not 'modified by reason of reorganization of said general
district into a special district during the time for which the con-
tract was made, and the district is not relieved from the fulfill-
ment of the obligation.
Note 21. TEACHER'S SALARY WHEN SCHOOL CLOSED
ON ACCOUNT OF QUARANTINE.— If under the general quar-
antine regulations a school be closed in due form, the teacher's
right to collect pay for the time school was closed is governed
STATE OF NORTH DAKOTA. 177
by the general laws relating to employer and employee. During
tie time said school is closed the teacher is under contract sub-
ject to the pleasure of the board, and during the existence of such
contract is unable to be a party to another.
Note 22. TEACHER'S REPORT AND SALARY.— A teacher
is entitled to pay at the close of each month's work, except for the
last month in any term, when the same may be withheld until
correct reports are made and filed by the teacher, as provided by
section 748, revised codes. This section does not authorize the
withholding of the teacher's wages for any other month in the
term.
Note 23. Section 778 requires the certificate of the county
auditor in addition to section 187 of the constitution and other
statutes as to the issue being within the debt limit. Section
2057 requires also a certificate of the treasurer. These are ap-
plicable to special and independent districts as well as general
districts.
Note 24. TREASURER'S BOND.— In a ispecial school district
the treasurer of the city, town, or village is treasurer of the board
of education. By reason of being under bond as treasurer of a
municipal corporation he is not relieved thereby from giving bond
as treasurer of said school district, under section 805, revised
codes.
Note 25. ALIENS NOT ENTITLED TO A CERTIFICATE OR
PERMIT. — Under section 842 a county superintendent is forbid-
den to issue a certificate or permit to teach to any party who is
not a citizen of the United States unless he has resided in the
United States one year last prior to the time of such application
for such certificate or permit. A declaration of citizenship
alone does not entitle one to either certificate or permit.
Note 26. Section 309 provides for the designation of an ac-
counting officer for each public institution and defines his duties.
Note 27. Sections 5124 and 5125 pertaining to holidays are aa
follows:
Sec. 5124. HOLIDAYS.— Holidays are every Sunday; 'the first
day of January, which is New Year's day; the twelfth day of
February, which is the birthday of Abraham Lincoln; the twenty*
second day of February, which is the birthday of George Wash-
ington; the fourth day of July, which is the anniversary of the
Declaration of Independence; the twenty-fifth day of December,
which is Christmas day; the thirtieth day of May, which is Mem-
orial day; every day on which an election is held throughout the
state, and every day appointed by the president of the United
178 GENERAL SCHOOL LAWS,
States or by the governor of this state for a public faist, thanks-
giving or holiday.
Sec. 5125. WHEN FOLLOWING DAY HOLIDAY.— If the
first day of January, twelfth day of February, the twenty-second
day o.f February, the fourth day of July, the thirtieth day of May.
or the twenty ^fifth day of December falls upon a Sunday, the
Monday following shall be the holiday.
Note 28. Section 340 relating to bonds by officers, is as fol-
lows:
Sec. 340. Each civil officer elected by the people or appointed
(by the governor or by any other authority, provided by law, ex-
cept the governor and the officers and members of the legislative
assembly, judges of the supreme and district courts, county com-
missioners, court stenographer, the mayor and aldermen in cities.
the president and trustees in villages, but including township
treasurers,, clerks, justices of the peace, and constables, shall,
before entering on his duties, give a bond conditioned for the
faithful and impartial discharge of the duties of his office, (nam-
ing it fully), and render a true account of all moneys and prop-
erty of every kind that shall come into his hands as such officer
and pay over and deliver the same according to law.
Note 29. Section 342, relating to approval of bonds, is as fol-
lows :
Sec. 342. APPROVAL OF BOND'S.— The bonds of all state
and district officers shall ibe given to the state, shall be approved
;by the governor as to sufficiency, and by the attorney general as
to form and such bonds and a duplicate original of the oaths of
all such officers shall be deposited in the office of the secretary
of state. The secretary of state shall keep a 'book in which shall
be made a correct copy of such bond, which shall be called the
%ond record" and, when such bonds shall have been recorded,
they shall 'be deposited with and kept on file in the office of the
state treasurer, except the bond of the state treasurer which
'shall 'be deposited with and kept on file in the office of the state
auditor. The secretary of state and state treasurer on receipt
of such bonds shall issue a receipt therefor and such receipt shall
be filed in the office of the state auditor. The bonds of all
county, township and municipal officers shall be given to the
county; those of all county and municipal officers under the
county shall be approved by the state's attorney as to form and
by the board of county commissioners as to sufficiency, and such
ibonds and a duplicate original of the oaths of office of all other-
such officers shall be filed with the county auditor, except the
bond and oath of such auditor, which shall be filed with the clerk
of the district court for the county or judicial subdivision. The
STATE OF NORTH DAKOTA. 179
.bonds of township officers shall be approved by the chairman of
the board of supervisors o*f the township.
Note 30. The use of lignite coal is made obligatory by the fol-
lowing section:
Sec. 1030. PUBLIC INSTITUTIONS TO USE.— The various
state institutions, county buildings and public schools of this
state shall use for fuel native or lignite coal, and it shall be un-
lawful for any officer to purchase for use in such institutions,
county buildings and public schools any coal other than that
taken from the mines within the boundaries of the state. This
section shall not be construed, however, as prohibiting the use
of wood at such institutions, county buildings and public schools,
when the cost thereof does not exceed native coal.
Note 31. Section 370 authorizes the superintendent of public
instruction and other state officers to appoint deputies and pre-
scribes manner of appointment.
180 GENERAL SCHOOL LAWS,
APPENDIX E.
SCHOOL CALENDAR.
JANUARY.
First Monday (odd numbered years) — Terms of office of state
superintendent and county superintendent begin. Section 638.
Second Tuesday — Regular meeting of district school board.
Section 681.
FEBRUARY.
Third Monday — Apportionment of state tuition fund. Section
711.
MARCH.
Second Friday — County examination for teachers. Section
740.
APRIL.
Second Tuesday— Regular meeting of district school board..
Section 681.
MAY.
Last Friday — County examination for teachers. Section 740.
Third Monday — Apportionment of state tuition fund. Section
711.
JUNE.
District clerks to take enumeration before June 20. Section 707.
At least fifteen days before third Tuesday — 'District school
board designates polling place and causes three notices of election
to be posted. Section 674.
Third Tuesday — Annual school election at 2 p. m. Section
670 and 674.
Wiithin five days after annual election — Clerk to furnish each
person elected a written notice of election. Section 677.
Within ten days after annual election — District clerk forwards
to county superintendent a certified list of all officers elected.
Section 677.
Thirtieth— School year ends. 'Section 749.
STATE OF NORTH DAKOTA. 181
JULY. •
1st — >8chool year 'begins. Section 749.
1st — Assessor furnishes school district clerk, county superin-
tendent and auditor the amount of assessed valuation. Section
724.
Second Tuesday — Regular meeting of district school board.
Section 681.
Second Tuesday — District school board organizes and elects a
president and clerk. Section 680.
Second Tuesday (on or before) — School treasurer gives bond
and qualifies. Section 684.
Before 20th — District school board and board of education levy
tax. Section 699 and 721.
Immediately thereafter — District clerk and clerk of board of
education notify county auditor the amount levied. Sections
721 and 801.
AUGUST.
15th (on or before) — County superintendent transmits annual
report to superintendent.
Third Monday — Apportionment of state tuition fund. Section
711.
Last Friday — County examination for teachers. Section 740.
OCTOBER.
Second Tuesday — Regular meeting of district school board,
Sertion 681.
Last Friday — County examination for teachers. Section 740.
NOVEMBER.
1st— (on or before, in even numbered years) — Superintendent
makes report to the governor. Section 635.
First Tuesday after first Monday (in even numbered years) —
Election of superintendent and county superintendent. Sec-
tions 622 and 638.
Third Monday — Apportionment of state tuition fund. Section
711.
DECEMBER.
1st — Special and independent districts make enumeration of
school children in the district. Section 707.
Before 20th — District clerk and clerk of board of education for-
ward to county superintendent enumeration of school children.
Sections 707 and 716.
31st— (on or before in even numbered years) — The report of the
state superintendent is printed. Section 636.
INDEX
INDEX.
ACCOUNTS— Section Page
County treasurer to keep with school corporations... .710 4?
Form of, for district treasurer 717 -10
ACTION—
Attorney General begins to collect on investments,
when 175 136
Child labor, for employment of, how brought 702, 76-1 64
Compulsory attendance law, for violation of, how
brought 761.. 764 63, 64
District treasurer refusing or neglecting to pay funds 770 65
who may institute 689 36
Trespass upon school and public lands 229 153
ADJUTANT GEiNERAL—
Muskets, to furnish for university 896 106
ADJUSTERS—
(See Board of Adjusters.)
ADVERTISING—
(See School and Public Lands.)
AGE—
Requisite, for holding county certificate 740, 741 55
Requisite for holding county certificate, first grade. . . . 742 56
Requisite for holding normal certificate 738 54
School, compulsory attendance 759 62
deaf children 759 62
AGENT—
(See Commissioner of University and School Lands.)
AGRICULTURAL COLLEGE—
Additional buildings and improvements 131
Agricultural and geological survey 116
Board of trustees, appointment of 936 112
compensation of 938 113
duties 939 113
experimental station, conducts 939 113
directs 947 .115
faculty, employs 939 113
funds, duty regarding . 939 113
meetings 938 113
oath of office 937 113
officers of 938
report, to make 945 114
186 INDEX.
AGRICULTURAL COLLEGE— Continued.— Section Page
Board of trustees, salaries, fixes 941 114
superintendent of construction, employs 939 113
term of 936 112
Course of instruction in 940 113
Experimental station, grants by congress accepted .... 948 115
objects of 947 115
reports of 945 1 14
Faculty, how constituted • 942 114
president's duties 943 114
reports, to make 944 114
Graduates may receive honorary degrees 940 115
Land grants for, accepted 948, 949 115
Location of 934 112
Management of 935 112
Reports of officers and how distributed 944, 945 114
Treasurer, bond 937, 950 113, 115
not to be a member of board of trustees 937 113
State auditor to pay over funds 156
ALIEN—
Certificate not to be granted to 742 56
ANNEXATION—
County commissioners may annex districts, when . . 662, 663 26, 27
APPEAL—
Superintendent of public instruction prescribes form
of 629 19
To county superintendent, from decision of school offi-
cers or boards 644 22
To superintendent of public instruction 629, 644 19, 22
examination, applicant for certificate 74.1
notice to be given 741
requirements 644
APPORTIONMENT—
County tuition fund, county superintendent makes .... 722 49-
State tuition fund, county superintendent makes 647
superintendent of public instruction makes, when . . . 711
Tuition funds, basis of (see Funds)* 715 45
APPRAISAL—
(See Board of Appraisers.)
APPROPRIATION—
Aid for classified high schools 870 99-
Board of university and school lands, expenses 235 155
Bends, interest on and expense of P'i- chase by board
of university and school lands 178 137
For selling school land 156
Geological survey 904a 108
School lands, lease of, advertising, etc. . . . 234a 155
State educational library 866 98
State institute fund 756 61
Superintendent public instruction, expenses 637 20
Traveling libraries 625 IS
INDEX. 187
ARBITRATION— Section Page
Law of, applicable to all districts 735 53
In certain cities 862 96.
(See board of Arbitration.)
ASSESSMENT—
(See Taxes.)
ASSESSORS—
Deaf and dumb children reported by 961 120
Maps of school districts furnished by county superin-
tendent ." 643 22
School and public lands, report on 213 148
Valuation, to furnish district clerk 724 50
ATTENDANCE—
Compulsory, age for 759 62
length of time required « , 759 62
when required 759 62
who exempt 759 62
Penalty for failure to comply with law 760 63
for failure of officers to enforce law 761 63
ATTORNEY GENERAL—
Board of university and school lands, member of .... 169 133
Funds, permanent and institution, institutes civil ac-
tion to collect 175 136
Prosecutes for trespass on school and public lands 233 154
AUDITOR—
(See State Auditor and County Auditor.)
BANK—
Bond as depository for sinking fund 779 68
BIBLE—
Not sectarian book 754 60
BLANKS—
County superintendent to distribute 641 21
Superintendent of public instruction to prepare 625 18
BLIND ASYLUM—
Board of trustees, appointment of 968 123
compensation of t 970 124
duties of 972 124
meetings 970 124
oath of office - 969 123
organization of . . '. 969 123
quorum 969 123
reports to make 973 125
term of 968 123
Land grants, proceeds of, appropriated for 971 124
Location of 967 123
Management of 967 123
BLIND CHILDREN—
Governor to provide care and instruction for 973a 125
188 INDEX.
BOARD OP ADJUSTERS— Section Page
How composed 725 50
Levies tax to pay indebtedness of district, when. ..." 725 50
BOARD OF APPRAISERS—
Appraisal to make, when 183, 218 138
time in which made after receiving notice 183 138
Compensation of 138, 218 138
Member of 183 138
Penalty for making false reports 183 138
Reiport of appraisal, to make 183 138
BOARD OF ARBITRATION—
Appointment of 731 52
County superintendent member of 731 52
County treasurer member of, when 731 59
Duties of 732 52
Law applicable to all districts 735 53
Special districts f 807 80
Tax levied by 733.735 52, 53
'collection of 734 52
BOARD OF EDUCATION—
Closets and privies, to furnish 874 100
Compulsory attendance, duties regarding 759 62
Flag, to purchase 805 98
Text-books, may furnish, free 863 97
Cities other than independent and special districts,
election of. in sr><; 95
how conducted 858 95
officers serve until, when 861 90
term of 857 95
Independent districts, bonds, determines issue of,
in 842, 846 90, 92
books, furnishes when 846 92
census to take 843 91
'Compensation, not to receive 836 89
contracts, members not to be interested in 836 89
duties and powers, generally .' 839, 846 89, 92
election of 832 87
how conducted ! 833 88
meetings 837 89
members to visit schools 847 93
oath of office 835 88
officers of 835 88
official designation of 835 88
ordinances and regulations, reports on to city
council 846 92
penalty for refusal to serve on 854 94
powers oif 846 92
pupils, suspension and expulsion of 846 92
quoirum 832
records of received in court 838 89
Independent districts, revenues, duties as to expendi-
tures of 849 93
seal of 838 89
secretary, election of 838 89
compensation fixed by board ' 838 89
duties of 838 89
INDEX,
BOARD OF EDUCATION— Continued— Section Page
Independent districts, tax levied by 839 89
purposes for which levied 839 89
term of 832 87
tuition, may charge non-resident pupils 848 93.
vacancy in, how filled 834 88
Special districts, to take census in 716, 797 46, 76
clerk, appointment of 794 " ' 75
compensation of 794 . 75
duties of 796 76
contracts, members not to be interested in 792 75
how made 802 78
election of 790, 808 75. 80
election, appoints officers of 811 81
designates polling places for 811 81
notices of 809, 810 80*
meetings of 793 75
office, term of 791 75
officers of 794 75
when chosen 794 75.
powers and duties, generally 797 76
president, duties of 795 76
property, may require transfer of 788 74
control of after equalization 806 79
pupil, may expel or suspend 797 76
quorum 791 75
report to county superintendent 797 76"
schools, supervision of 799 78
seal 787 74
superintendent, may employ 797 76
tax levies, when , 801 78-
taxes, may refund or correct, when 720 47
teacher, may exact qualifications for, when 797 76
term of office 808 80
territory, may attach to, when 786 73
treasurer of city, ex-officio 803 7&
tuition, may charge > 797 76
vacancy in office, how filled 814 81
BOARD OF MANAGEMENT OF NORMAL SCHOOLS—
Appointment of 909 109'
Commission 910 109
Compensation of 911 109
Duties and powers of 914 110
How constituted 90S 108
Management of schools, by 907 108
Oath 909 109
Officers of 909 109
Term of 909 109
(See also Normal Schools.)
BOARD OF TRUSTEES—
Agricultural college, appointment of 936 112
compensation 938 113
duties 939 113
meetings 938 113
oath of office 937 113
officers 938 113
term 936 112;
(See also Agricultural College.)
190 INDEX.
BOARD OF TRUSTEES— Continued.— Section Page
Blind Asylum, appointment of 968 123
compensation 970 124
duties . 972 124
meetings 970 124
oath of office 969 123
officers . . 969 123
term 968 123
(See also Blind Asylum.)
Deaf and dumb asylum, appointment 952 118
appointment 952 118
compensation 958 119
duties 956 119
meetings 953 119
oath 954 119
officers 953 119
term 952 118
(See also Deaf and Dumb Asylum.)
Industrial school, appointment 976 125
bond 978 126
compensation 977 126
meetings 977 126
oath 978 126
officers 977 126
term 976 125
(See also Industrial School.) •
ISTormal Schools, appointment 908 108
commissions 910 1.09
compensation 910 109
governor, member 908 108
meetings 911 109
oath 909 109
officers 908, 910 - 108, 109
superintendent of public instruction, member. . . . 908 108
term 909 109
(See also Normal Schools.)
University, appointment 877 101
compensation 891 105
meetings 879, 880 102
officers 878 101
powers and duties 878, 881 101, 102
quorum 879 10,2
reports, to make 883
secretary, duties 878 101
term 876 101
(See also University.)
BOARD OF UNIVERSITY AND SCHOOL LANDS—
Advertising, approves bills for 234 155
Agent, may appoint for selecting and leasing land. . 170 134
Appraisal, new, ordered when 195 143
to equalize 218 150
Appropriation for expenses of 235 155
Bonds, appropriation for interest on and expense of
purchase of 178 137
Bonds, may purchase 172 134
•Certifies to governor fulfillment of contract before
patent to issue 205 145
INDEX. 191
BOARD OF UNIVERSITY AND SCHOOL LANDS—
Continued. — Section Page
Commissioner of, appointment, bond 170 134
^custodian of abstracts and conveyances 214 1-18
deputy, appoints with consent of 181 137
duties 184, 234b 139, 155
leases of lands, to conduct 221 151
term 180 137
vacancy 179 137
Contracts, may cancel, when 200 144
Control of school and public lands 170 134
County auditor certifies sales to 190 141
County commissioners, notification by, of funds to
fix bond of county treasurer . . 209 147
Expenses, appropriation for 235 155
incidental, how paid 177 136
Funds, permanent school and institution, authority
to invest 172 134
how invested 172 134
subject to order of 174 135
Lands, causes to be appraised, when 183 138
certified for sale 184 139
commissioner controls, subject to 182 137
lislt of sold, to be furnished county treasurers .... 212 148
may withdraw offers to sell when 189 141
subdivided by when 194 142
Leases, advertisement of lands for 220 150
approval of 224 152
confirmation of and contracts for 224 ' 152
selection of lands for 234b 155
Members of, who are 169 133
Meetings at which school funds may be invested. . . . 172 134
regular 171 134
special 171 134
Officers of 169 133
Patents,' issuance of under seal 205 145
Permanent and institution funds, invests 170 134
Permits, may sell to cut hay or remove down timber 228 153
Powers of, generally : 170 134
Quorum 171 134
Real property, controls grant of 1883 170 134
Records, bonds 173 135
mortgages 173 135
open for inspection 173 135
permanent funds 173 135
signed by officers 173 135
Sales of school and public lands, approves 191
offers for resale, when 201 144
postponement of, when 188 141
to publish notice of 185 140
Secretary, reports of investments of permanent funds 173
records to keep 173 135
School funds to be loaned 172
appraised value of lands as security 172
may be paid, when . . . * 172
loans made on, time to run 172
vote to invest, how taken 172 134
192 INDEX.
BOARD OF UNIVERSITY AND SCHOOL LANDS—
Continue*! — Section Page
State treasurer to collect permanent school and insti-
tution funds 175 136
to keep permanent and institution funds subject to
order of 174 135
to keep .register of bonds purchased by 176 136
Surveys may order, when 193, 194 142
BONDS—
Appropriation for interest and expenses of purchase
of by board of university and school lands 1 78 137
Bank to give as depository for sinking fund 779 68
Contractor to furnish for building school house .... 783 70
Industrial school, board of trustees may issue 980 127
Official, board of trustees, Industrial school 978 126
commissioner of university and school lands 170 134
deputy 181 137
county superintendent of schools
amount (note 2, p. 172) 343
approval (note 29, p. 178) 342 178
county treasurer to give for funds received from
sale of school and public lands 209 147
duty of county auditor regarding 689
school officers, where filed 689 35
treasurer 684
amount of 684
approval of 684
treasurer city, to give as treasurer of board of
education in independent districts . . . . , 844 91
treasurer city, town or village to give as treas-
urer board of education in special districts. . 805
superintendent public instruction (Note 2, p. 172) 343
Public officers to take from contractors 4802 162
School bonds, board of university and school lands
may purchase 172
certificate of county auditor must be attached to. . 778
form of . 778
certificate of debt limit necessary (Note 23, p. 177) 2057 177
state treasurer custodian of, purchased by board of
university and school lands 174
general district, authority of board to issue, when 775
cancellation and record of 782 70
certified copy of proceedings to issue to be filed
with county auditor • 778
denomination of 777
election to vote new, may not be ordered when. . 776
'notice to state what 776
petition for necessary 776
interest, rate of and when payable 777
law relating to, how applicable 784
limit of issue 777 67
negotiated how 780
purposes for which may issue 775
record of 778
sinking fund to be provided ».....-.. 779
tax levy made for, by county auditor, when 781
time to run 777 67
INDEX. 193
BONDS — Continued. — Section Page
School bonds, independent district, amount to be is-
sued determined by board of education 84G 92
authority of board of education to issue when. . S42 90
certificate of debt limit necessary (Note 23, p.
177) 2057 177
certified copy, of proceedings to be filed with
county auditor 778 67
denominations of 842 90
board of education determines 846 92
election to vote, notice of 776 66
petition 776 66
interest payable when 842 90
fund for payment of 842 90
rate of 842 90
law relating to, how applicable •• 784 70
purposes for which issued 775 66
records of 778 67
sinking fund 842 90
refunding, authorized 775, 824, 842 66, 84, 90
exchanged, may be 825 84
restrictions on issue 824, 826 84
surplus, transferred, when 827 84
tax levy made for by county auditor, when .... 781 70
time to run 824, 842 84, 90
special districts, certificate of clerk as to debt limit
and issue ' 816 82
certificate of debt limit necessary (Note 23, p.
177) 2057 177
denomination of 816, 824 82, 84
election, called when 816 82
how conducted 817 82
notice of 817 82
how issued 816 82
interest coupons 821 83
limit of issue * 818 S3
property pledged for payment of 822 . 83
refunding, how exchanged 825 84
issuance of, by board of education 824 84
by election 816 82
sections governing 826 84
premium received, how applied 825 84
restrictions on issue 824, 826 84
surplus, transferred when 827 84
register of 823 84
sinking fund, investment of 820 83
tax levy for, when made 781, 819 70, 83
what to specify 818 83
special provisions in cities and villages, issue of to
eireict school buildi-ngs 2474 159
election for, by provisions of charter .. 2475 • 159
by special, how called 2475 159
how conducted 2475 159
notice to contain what 2475 159
refunding, authority to issue 2483 160
denomination of 2484 160
execution of by city officers 2486 160
how issued . 2484 160
194 INDEX.
BONDS — Continued. — Section Page
School bonds, special cities and villages, refunding,
interest fund for 2487 161
records of 2486 160
sinking fund levied for 2488 161
restrictions as to sale 2475 159
BOUNDARIES—
Conformity with congressional township lines 660 25
County commissioners may re-arrange 660, 666 25, 28
How changed 667 29
Independent districts 831 87
New districts 661 26
Not changed when . : 659 25
BRANCHES OF STUDY—
Additional, county superintendent determines 698 38
district school board determines 698 38
Alcohol, its effects 750 59
Enumerated, for examination for certificates 741 55
In schools classified by high school board 868, 869 98
In special districts 797 76
List of, to be taught 750 59
Narcotics, effects 750 59
CENSUS—
Board of education takes 716 46
District organized under special law 707 42
General districts, when taken ' 707 42
Independent districts, when taken 707, 843 42, 91
Newly organized districts to take 714 45
Report of, when filed 707 42
Special districts, to take 797 78
when taken 707 42
Who to be enumerated 707 42
CERTIFICATE—
Attendance at school required, when 762 64
County superintendent grants on examination 740 55
Diplomas equivalent to first grade 738 54
Drawing, vocal music, and kindergarten may be
granted 741 55
Examinations for issuance of 741 55
Expiration of, teachers to finish term when 747
Fee for county 743 57
Fees for issuance of normal and professional ...... 739 54
Graduates of university entitled to when 889 105
Normal, graduates of normal department of univer-
sity, etc 738 54
granted to graduates of normal schools 738, 922 54, 112
Professional, examination for 737 53
graduates of university entitled to. when 737 53
may be revoked, when 737, 739 53. 54
requirements of applicants for 737 53"
Questions used in examination for, prepared by su-
perintendent of public instruction 626 18
Renewal of first grade 742 5G
INDEX. 195
CERTIFICATE— Continued. Section Page
Revoked by county superintendent for cause 744 57
Teachers exempt from holding in certain cities 742 56
must hold 695, 797 37, 65
Teachers exempt from holding in certain cities, not
entitled to compensation when not holding.... 746 58
proceedings to revoke 745 58
When revoked 648 23
CLERK—
Board of education, bonds, certificate of debt limit
make 816 82
bonds, register of to keep 823 84
certifies election of officers to county superinten-
dent 813 81
duties, general 796 76
election of 794 75
election, to sign notice for 809 80
salary of 794 75
tax levy, certifies to county auditor 801 78
District school board (general district) appointment 680
bonds, cancelled, duty regarding 782 70
record to keep 778 67
certificates of election, issues to officers 677
compensation 683 33
duties of 683
duty, penalty for neglect of 765 64
duty in case of tie vote 676
election, penalty for making false returns of 766 65
to be clerk of 675
to sign notices o<f 674 31
enumeration takes 707 42
officers, files list of elected with county superin-
tendent 677 32
reports, makes annual, when 707
penalty for making false 760
teachers, to be filed with 748 58
tax levy, notifies county auditor of 699, 721 38, 48
vacancy in office of, how filled 729 51
COLLEGE OF ARTS 885, 886 103, 104
COLLEGE OF LETTERS 885, 886 103, 104
COMMISSIONER OF UNIVERSITY AND SCHOOL LANDS—
Abstracts and conveyances of title to be deposited
with 214 148
Appraisal, prepares list for 183 138
Appraisement, directs 183 . 138
Appropriation for salary and expenses of office 235 155
Contracts, duty as to cancelled 200 144
Contracts, of sale, executes 182 137
issues new, for, when 199 143
prepares, when 191 141
Deputy, appointment and bond, of 181 137
Fees for leasing, collects 234b 155
Lands, conducts sale 182, 186 137, 140
designates time of sale 184 139
196 INDEX.
COMMISSIONER OF UNIVERSITY AND SCHOOL
'LANDS — Continued. — Section Page
Lands, leasings, conducts 182, 221 137, 151
lists for sale forwarded county auditor when
offered 184 139
when sold 207 14G
county treasurer 212 148
Lands, maps of, for record, when made 19G 143
offers for sale, when 187 140
Oath and bond of 170 134
Records to keep 1.82
Report, makes through board * 182 137
Salary 182 137
School fund, determines amount to be loaned on
mortgages 1 72 134
Seal of office 182 137
Seizes property in case of willful trespass 231
Surveys, causes to be made, when 3 94 142
Term 179 137
COMMISSIONERS ON PREPARATORY SCHOOLS—
(See High Schools and High School Board.)
COMPULSORY ATTENDANCE—
(See Attendance.)
CONSOLIDATION OP SCHOOLS—
(See Schools and Election.)
CONSTITUTIONAL PROVISIONS—
Legislative assembly not to pass special laws G9 7
Election and qualifications of superintendent of
public instruction 82 7
Salary of superintendent of public instruction 84 7
Qualified electors 121-127 8
Qualification ol women for voting and for holding
office 128 8
Instructions for legislative action . .148, 151 9
Money from school lands, how controlled and
used 152-154 9
School lands, when and how to be sold 155, 158 10, 11
Board of university and school lands consists of
whom 15G 10
Board of appraisal consists of whom 157 10
State to make good any losses 153, 159 9, 11
School lands, how leased 161
Money from school lands, how to be invested 1 G2 12
Debt limit of school districts 183 13
Public institutions located 215, 216 14
CONTRACTS—
Advertising, to let, when 774 66
Board of education not to be interested in 792-836 75, 89
Industrial school, trustees not to be interested in 979
Lands, assignee may have same rights as purchaser of 198
commissioner university and school lands, duties. 182
division of 199 143
INDEX. 197
CONTRACTS— Continued.— Section Page
Lands, sale of, entitles possessor to what 197 143
lien executed 191 141
voidable, when 200 144
School corporations may enter into 6U8 29
School houses, not to be let without advertising. . . . 783 70
Sealed bids for, when required 802 78
Teachers, certificates, not required to hold in certain
cities to make „ 742 56
must be in writing 695 37
terminated by revocation of certificate 744 57
to contain provisions as to discontinuance 704 40
void, except in certain cities 742 57
Text books 863 97
To be in writing, when 802 78
COURSE OF STUDY—
(See Superintendent of Public Instruction, Schools.)
COUNTY AUDITOR—
Board of adjusters, member of 725 50
Board of appraisers, member of 183 138
Bond district treasurer, filed with 689 35
Bonds of school districts, to certify to 778 67
Deaf and dumb children, reports number to principal
of school for 961 120
District clerk, notified by, when funds paid to district
treasurer 718 47
to notify of tax levy 699 38
Institute funds, draws warrants on <;4»; 22
Leasing school and -public lands, compensation for. . 221 151
duty as to 224 1 52
Plats of districts to furnish 669 29
Proceedings of board in organization of districts re-
corded by 669 29
Receipts for collection of school funds, to forward
duplicate 211 148
Sales of school and public lands, compensation for. . 190
duties regarding 190
execution of contracts 191 1-11
to give notice of 185 140
Tax, levy of independent districts, extends 840
of special districts, extends 801 78
levied by board of arbitration, duties 732 ~>2
levies poll and two mill 722
levies to pay bonds, when 781
notice of levy to be mailed to 721
Training school fund, duties . 757 61
Tuition fund, certifies amount of county to county
superintendent "22 49
COUNTY COMMISSIONERS—
Approves bond of county superintendent (Note 29,
p. 178.) 342 178
Chairman of board, member board of appraisers .... 183 138
Deaf and dumb children, may provide transportation
and levy tax for, when 963 120
198 INDEX.
COUNTY COMMISSIONERS— Continued.— Section Page
Districts, boundaries of, rearranged by GG6 28
divided by, when 662, 663 26, 27
imay detach territory from special on petition .... 786 73
to change boundaries Of, on petition 667 29
to organize on petition 660 25
Fund, institute may appropriate for 758 62
Office for county superintendent to furnish - 651 23
Vacancy in office of county superintendent fills 727 51
COUNTY SUPERINTENDENT—
Appeals, from decision of to superintendent of public
instruction 644 22
Apportions county tuition fund 722 49
poll tax 722 49
state tuition fund '. 647, 715 23, 45
Blanks, distributed by 641 21
(provide for, at expense of county 308 158
Board of adjusters, member of 725 50
Board of appraisers, member of 183 138
Board of arbitrators, member of 731 52
Board of education, report to 797 76
. Bond, amount (Note 2, p. 172) 343 172
approved (Note 29, p. 178) 342 178
approves district treasurer's, when 684 33
Census, report of newly organized districts 714 45
Certificate, teacher's, revoked by, when 648, 744 23, 57
notice of, to be given district clerk 744
Classification by teacher, to decide, when 753 60
Decide questions in controversy 644
Deputy, appointment of 652
Districts, assists in rearrangement of boundaries, of 666
duties in organization of 660 25
high school, duties regarding 706
treasurer, to begin action against on bond, when. 689 35
to require additional bond, when 685
Duties, refusal to perform, penalty 306
Election, clerk certifies to, in special districts . .638, 813 20, 81
duties regarding fir^t, for officers 671
Examination for teachers' certificates, conducts .... 740
Expenses, office Col, 652
Fees collected, disposal of 646
General duties 639-640
Institute fund, county, report to make to superin-
tendent of public instruction 641, 755 21, 61
Instructions of superintendent of public instruction,
duty regarding 641
Maps of districts, when furnished 643
Meetings of with superintendent of public instruc-
tion ' 632 19
Meetings with school officers and with presidents of
boards 643
Mileage 652
Notice of institute and training school, to give 7ol
Oaths, power to administer
Office, cause for removal from 656
who may hold 672
Officers, appoints for first election 6 < 1
INDEX. 199
COUNTY SUPERINTENDENT— Continued.— Section Page
Permits, may issue 741 55
Profession, not to engage in, when 655 24
to engage in, permissible, when 657 25
Qualifications 653, 654, 672 24, 31
Records, school visits to keep 640, 642 21
Report to superintendent of public instruction 649 23
Salary of, not paid until report made out 649, 652 23
Seal 642 22
Schools, jurisdiction :. ... 639 21
in special districts 799 78
visitation of 640 21
School lands, member of board of appraisers 183 13
Teachers, .meetings, to hold 641 21
reports, duties regarding 748 58
Teaching not to engage in 654, 657 24
Term of office of 638 20
Tuition fund, apportions 647, 715 23, 45
Vacancies, fills iri office of director 728 51
district treasurer 728 51
in office of. how 727 51
Who not qualified to vote for 638 20
COUNTY TREASURER—
Account to keep with school corporations 719 47
Board of adjusters, member of 725 50
Board of arbitration, member of 731 52
Bond to give for funds from sale of school and public
lands 209 147
Deaif and dumb children, collects for clothing fur-
nished 962 120
District treasurer, performs duties of, when 684 33
Fees entitled to for collection of funds from sale of
school and public lands 210 147
Funds due independent districts, paid to treasurer,
when 843 91
Funds paid to district treasurer, notice to be given. . 718 47
Institute fund, keeps 646
Permits to cut hay or sell down timber, sells 228 353
Taxes collected by, for district 720 47
Tuition fund, reports to state auditor 711 43
election of 711 43
DEAF AND DUMB—
Assessor to report to county auditor 961 120
DEAF AND DUMB ASYLUM—
Board of trustees, appointment 952 118
compensation 958 119
duties and powers 956- 119
funds, control 955 119
meetings , 953 319
members to take oath 954 119
officers 953 1 19
duties 954 119
organization 953 119
quorum 953 119
reports 966 121
200 INDEX.
DEAF AND DUMB ASYLUM— Continued.— Section Page
Board of trustees, term of office 953 119
Children required to attend 7.~>(.) G2
Clothing for children, when furnished SMJii 120
Faculty, matron's duties 905 121
principal's duties .'. 964 121
qualifications 9<!4 121
salaries 9G4 121
Location 951 118
State auditor to pay over funds 156
Transportation of children to, when provided by
county commissioners 963 120
Tuition charged non-resident children 951) 119
free 960 120
DEBT LIMIT—
Debt limit 818 83
(See also bonds.)
DEBTS—
Independent districts assume of old, out of which
formed 855 95
DEEDS—
(See Board of University and School Lands.)
DEPOSITORIES—
Sinking Fund, how designated 779 68
DEPUTY—
Commissioner o'f university and school lands 181 137
County superintendent 652 .
Superintendent public instruction, (Note 30, p. 149)
DIPLOMA—
(See Normal School.)
(See University.)
DIRECTOR—
Election 670 30
Term <;70 30
Vacancy in office of, how filled 728 51
DISTRICTS—
Division of, into special and common 71
DISTRICT CLERK—
(See Clerk School Board, General District.)
DISTRICT HIGH SCHOOLS—
(See High Schools, High School Board.)
DISTRICT SCHOOL BOARD—
Action against for permitting funds to be expended,
when 709 42
Apparatus and supplies to furnish 694
Bonds to issue, when 775 66
Branches of study, determines what additional 698 38
INDEX. 201
DISTRICT SCHOOL BOARD— Continued.— Section Page
Census to take 707 42
Closets and privies to furnish 874 100
Contracts, dismisses teacher for violation of 095 37
Dictionary to furnish <;(.)4 30
District high school, management of 706 41
District treasurer, action on bond by 089 35
Election, called by, on petition to establish school.. 703 39
called to establish district high school 700 41
calls to vote on consolidation of schools 704 40
called by to vote on school houses and sites. . . .701, 703 39
Flag, to purchase 8(5.", 98
General duties 091 3G
Liability of for permitting other than English lan-
guage to be taught 709 42
Library, may establish, and pay for without vote,
when 094 3(>
Meetings of 081 33
Officers of oso 32
Organization of 080 32*
Pupils, assignment and distribution of among
schools 090 37
expulsion of 097 38"
non-resident, may admit (590 37
suspension of 097 38
Quorum 079 32
Real property, extent of to hold* and title to, how
acquired 702 39
Records of, open to inspection 708 42
Sinking fund, to levy 771) OS
Schools, authority over 759 62
fixes terms '. 704 40
may discontinue, when 704 40
may make rules and regulations for 097 38
to establish 092 36
to organize on petition, when 703 • 39
School houses, advertising for proposals to build . . . 783 02
may permit use of, when 700 38
Stables and hitching posts 43"
Tax, amount of levy 099 38
levied when 099, 721 38, 48
may abate 099 38
Taxes, refunded or corrected, when 720 47
Teachers, to co-operate with 097 38
to employ 095 37
Text books, free, may furnish Si;: I 97
Treasurer, settlement with, when made 717 46
Tuition, may charge non-resident pupils 090 37
Vacancy in office of 728 51
Vacancy in office of, how filled 728 51
in office of district clerk, fills 729 51
DISTRICT TREASURER—
Accounts, form for keeping 717 46
Action against on bond commenced by whom (Note
13, p. 140) 089 35
Bond, not entitled to receive money when not filed. . 714 45
amount of 084 33
202 INDEX.
DISTRICT TREASURER— Continued.— Section Page
Bond, additional when required 685 34
vacancy in office when failure to give additional. . 685 34
surety 685 34
County treasurer acts, when 684 33
funds not payable to, when 718 47
controlled by 713 44
Funds, levied by board of arbitration, receives 734 52
Misdemeanor, guilty of on endorsement and payment
of warrants, when 771 65
Reports published 686 35
Salary of 690
Settlement with, when made 717 46
Sinking fund, liability removed on depositing in de-
positories 779 68
Vacancy in office of, how filled 728
Warrants, register of endorsed, to keep 687
endorsement of 687 35
ELECTION—
Board of education 808, 858 80, 95
notice 809, 810 80
Bonds, for voting (see Bonds) 776 66
Certificates of 677, 813 32, 81
Consolidation of schools, to vote on 704 40
County superintendent 638 20
Date of annual 674
District high schools, to establish 706 41
How conducted 676
Independent district, date of 833
for organization 828
officers of, compensation . . ., 833
votes, how canvassed 833
Judges of 675
Library, to purchase 694
Notice 674
Notice of to be furnished officer 677
Oath 675, 678 31, 3
Officers of 670
qualifications of 672
to take oath 811
Penalty 'for making false return 766
Petition for, to establish district high school 706
Polling places, how established 671
Polls open, when 673
Qualifi'cations of voters 672
Superintendent of public instruction 622
School houses and sites to vote on, how called, can-
vass 701, 703
'Special districts, bonds 816
for organization of 789
returns, hotw canvassed 812
to become general, when 807
tie vote, procedure 676
Votes, how canvassed 676
Who not qualified to vote for county superintendent 638
EMBEZZLEMENT—
Officer, when guilty of 769 65
INDEX. 203
EMINENT DOMAIN— Section Page
Right of (See Property, Real.)
ENGLISH LANGUAGE—
Records to be kept in 709 42
ENUMERATION—
(See Census.)
EXAMINATION—
\ppeals from, in marking of papers 741 55
Certificates for, when held 740 55
Questions for to be prepared by superintendent of
ipublic instruction 626 18
(See also Certificates and Teachers.)
EXPENSES—
Superintendent of public instruction, how paid 637 20
EXPERIMENTAL STATION—
(See Agricultural College.)*
EXPULSION—
Causes for 697 38
EQUALIZATION—
(See Board of Arbitration.)
FACULTY—
(See Agricultlral College, University of North Da-
kota, etc.)
FEES—
Appeal in examination papers prescribed for 741
Certificate, county 743 57
professional and normal, how used 739 54
County treasurer entitled to for collection of funds
from the sale of public lands 210 147
School and public lands leased, to be paid 234b 155
FELONY—
Officer making false election returns guilty of 766 65
FINES—
Imposed for removing furniture from school house. . 700 38
(See also Penalty.)
FLAG-
TO be furnished each school 865 98
Penalty for not complying with law regarding .... 865 98
FORFEITURES—
(See Penalty.)
FORM—
County auditor's certificate to district school bonds 778 67
District treasurer's accounts 717 46
Election board of education . 810 69
204 INDEX.
FORM— Continued.— Section Page
Endorsement of warrants C87 35
Notice of tax levy 721 48
Notice of annual election .' (574
Oath for election officers 075 31
FREE PUBLIC SCHOOL SYSTEM—
denned IT
FUNDS—
Account of, how kept 713, 845 44, 91
Agricultural college 939 113
Bonds, for' redemption of, when transferred 827 84
Conductor of training school to file statement with
county auditor 757 01
County treasurer, to pay, when 718 47
Deaf and dumb asylum 955 119
Defined 712 44
District treasurer, when paid to 718 47
Drawing from county treasury, unlawfully 70S r»5
How paid out by treasurer 080, 804, 845 35, 79, 91
How used 712 44
Industrial school 981, 983 128, 129
Institute 040 22
county auditor's duties 757 01
county, amount arising from revenue fund 757 01
commissioners may appropriate for 758 r>2
•duties of county auditor regarding 040, 755 22, 01
fee for county certificate paid into 743
how expended 755, 757 01
training schools may be used for, when 757 01
what constitutes 755, 757 01
state, appropriation for 750
Investment of special school district 84
Normal schools 912 110
School and institution, board university and school
lands may invest 170, 172 134
consists of, what 215 148
county auditor to report, when 211
county treasurer to give bond for, when 209 147
county treasurer to verify report of county auditor 211 148
damages for trespass, paid into 232 1 54
duties of state treasurer 174, 175 135, 130
Sinking, board of education may invest 820
county auditor to levy tax, when 781 70
depositories for, how designated 779 08
interest on 779 08
Sinking, levy for 779, 819 80, 83
842, 2488 90, 101
State lecturer, appropriation for 750
Training school, fee for county certificate paid into. 743
Treasurer, action against for funds 770
annual statement of, to publish OSO
Tuition, county, county superintendent apportions.. 715
state, apportionment of, when made 715
districts not entitled to, when 71-4
enumeration necessary to share in 714, 843 45, 91
how raised 710
INDEX. 205
FUNfDS — Continued. — Section Page
Tuition, state, superintendent of public instruction
apportions 711, 71 4 43, 45
University of North Dakota Ssi_> 102
Use or loan of, is embezzlement 7r>(.» 15
GENERAL DISTRICTS—
Account with, to be kept by county treasurer 719 47
Annexation of school corporations < \c>:\ 27
Boundaries, changed on petition 000, <;r,7 25, 29
established when, how . . . '. 000, 007 25, 29
not changed by code 659 25
rearranged by commissioners 660, 066 25, 28
when may be changed 007 29
Civil township conforms to in what counties 051) 25
formed into, when 667 29
may consolidate into, when 664 27
County commissioners to annex parts of, to other
districts, when .662, 663 26
Contracts let on proposals, when 774 66
legalized, certain 669a 29
Corporation distinct from civil township 659 25
Designated how 665 27
District high school, when established and how con-
trolled 706 41
Division and annexation to other districts 062 26
Election, conduct of, and canvass of votes (570) 32
certificates of 677 32
judges and clerks, appointment of 671 30
chosen, how 675 31
list of persons elected sent to county superintendent 677 32
notice of annual 674 31
posted 671 30
polling places to be designated 671 30
polls opened when 673 31
tie vote, procedure 676 32
violation of law relating to, penalty 766 65
voters, qualifications of 672 31
Funds (See Funds.)
Furniture, removal of, unlawful 700 38
Indebtedness, equalization of between districts .... 731 52
how adjusted when no legal school board exists. . 725 50
taxes, levy to pay equalized indebtedness 732 52
maximum levy, to pay equalized 733 52
proceeds of equalizing, how disposed of 734 52
Judgment, tax to be levied to pay 723 49
May become part of special, when 807 80
Named how 665 27
New, when organized 661, 662 26
Number of, not changed by code 665 27
not to be increased 667 29
to be reduced 666 28
Officers (See Officers, Treasurer, Directors. District
Clerk.)
Organization of 660
irregularities in, legalized 069a
requirements for 661 26
206 INDEX.
GENERAL, DISTRICTS— Continued.— Section Page
Plats and maps of, furnished to state auditor 669 29
Powers as a corporation, generally 668 29
Pupils admitted from other districts 669 27
enumeration of, annually 707 42
new district, by 714 45
School township, may separate from 660 25
Territory to be included in organization of 660 25
Tuition funds, entitled to 715, 716 45, 46
enumeration of pupils necessary to share in 714 45
not entitled to receive, when 714 45
Warrants, certain, legalized 669a 29
indorsed, when 687 35
specify, what 688
What constitutes in civil township 658 25
(See also Bonds, District School Board, Officers. )
GEOLOGICAL SURVEY—
(See University.)
GOVERNOR—
Board of university and school lands, member of. . . 169 133
Bond, commissioner of university and school lands,
approves 170 134
Member high school board 867
Normal schools, member board of trustees 908 108
Patents to issue for school and public lands, when. . 205
School and public lands, reconveys to the United
States, when 204
Trustees agricultural college, appoints 936
blind asylum, appoints 968
deaf and dumb asylum, appoints 952
industrial school, appoints 976
normal schools, appoints 909
university of North Dakota, appoints 877
Vacancy in office of superintendent of public instruc-
tion, fills 726 51
GRADEIS, TEACHERS—
(See Certificates.)
GRADUATES—
(See Agricultural College, University of North Da-
kota, Etc.)
HIGH SCHOOLS—
Aid for not paid to, when 870 99
how paid 870 99
to receive for three years 872 100
Appropriation for classified 870 99-
Board of education establishes, when 797 76
Classification, requirements for 869 83
District, election to establish 706 41
enumeration requisite to establish 706 41
how established and maintained 706 41
joint 706 41
Pupils, requirements for admission to, by classified. 868 98
Teachers exempt from attending institutes and train-
ing schools 751 5O
INDEX. 207
HIGH SCHOOL BOARD— Section Page
Aid, prescribes conditions upon which granted to
schools 872 100
Application for classification by schools 870 99
Appoints inspector, when 870 99
Assistant examiner, appoints 872 100
salary of 872 100
Discretionary powers of 872 100
Expenses of 871 99
Members of 867 98
Records, to keep 873 100
Reports to make 873 100
Schools, classified, visited by member of 870 99
HOLIDAYS-
HOW counted 749 58
Teachers entitled to compensation for 749 58
What are (Note 27, p. 177) 5124, 5125 177, 178
INDEPENDENT DISTRICTS—
Bonds, issuance of, authorized (see Bonds.) 842 90
Boundaries of 831 87
Cities governed by 828 86
Debts, assumed by new district 855 95
division of, when special district abolished 862 96
Elections, date, conduct of, canvass of, compensation
of officers 833 88
Funds how kept and paid out : 845 91
when paid to treasurer 843 91
Organization of 828 86
election, notice of, ballots, etc 829, 830 87
Organized by special act, abolished when 860, 861 95, 96
Ordinances passed by city council for care of prop-
erty, etc 853 94
Pupils, non-resident, may be admitted 848 93
Property, not subject to liens 850 93
real, how conveyed 851 94
title, vested where ". 850
Taxes, amount of, limited 841 90
collected how 840 90
levy to pay bonds 842 90
Treasurer, bond of 844
city, of, is treasurer of 843 91
reports to board, contents 852
Tuition funds, entitled to 715, 716 45, 46
Water closets to be provided 874
(See also Board of Education, Bonds.)
INDUSTRIAL SCHOOL—
Board of trustees, accounts, audits 981 128
appointment 976 125
bond 978 126
bonds, may issue 980 127
compensation 977 126
contracts, members not to be interested in 979 127
donations, received by 981
faculty; appoints 982 129
:208 INDEX.
INDUSTRIAL SCHOOL— Continued.— Section Page
Board of trustees, funds, duties 983 129
meetings 977 126
oath 978 126
powers 981 128
reports 983 129
superintendent of construction, appoints 979
Bonds, interest on, how paid 980 127
Buildings, construction 978 126
cost limited 978 120
deed filed, where 979
proposals for 979 127
site 971)
Endowment of 975
Faculty, report when 983
• Funds, state treasurer keeps 981
Location 074
Management 876
Objects (<>74
Sinking fund, created how ..:.-. 980
INHABITANTS—
District may be formed from districts containing 800,
when G60
INSTITUTES—
Attendance of superintendent of public instruction 034
Conductor, salary of . . v 757
County commissioners may aid 758
County superintendent to give notice of 751
Superintendent of public instruction appoints con-
ductor 756
(See also Teachers, Funds, Lecturer.)
INTEREST—
Warrants endorsed G87
(See also Funds and Taxes.)
JUDGES—
(See Election.)
JUDGMENT—
Taxes levied to pay 721, 723 48, 49
'LABOR—
Child, prohibited when 762 64
LAND GRANT—
Agricultural college 949 115
Blind asylum, proceeds of, appropriated 971
Experimental station 948
Industrial school 975
Normal school 906 108
LAW—
Department of, in state university 890 105
Independent districts organized under special law
not to vote for county superintendent 638 20
INDEX. 209
3LAW — Continued. — Section Page
Preserved by superintendent of public instruction . . 623 18
Teachers in cities organized under special law ex-
empt from holding certificates 742 56
Secretary of state furnishes copies of, to university 894 106
LECTURER—
Institute, appointment of 756 61
LIBRARY—
Appropriation for traveling, establishment of 625 18
District, list of books for, to be furnished by super-
intendent of public instruction 625 18
Educational, state appropriation for 866 98
LIGNITE COAL—
Schools, to use (Note 30, p. 179) 1030 179
MAINTENANCE—
of state educational institutions 130
MANUAL TRAINING—
(See Industrial School.)
MAPS—
Districts, furnished assessors 643 22
To be filed in office of superintendent of public in-
struction 669 29
MEETINGS—
District school board, regular and special 681 33
(See also Elections.)
METEOROLOGICAL STATISTICS—
University to tabulate 900 . 107
MILITARY SCHOOL 885 103
MISDEMEANOR—
Compulsory law, etc 760, 762 63, 64
Contracts, letting of without advertising 774 66
Speculation in office 767 65
Warrants, indorsement and payment of unpaid,
when 771 65
(See Penalty.)
MORALS—
Instruction in 754 60
MORTGAGES—
Board of university and school lands may loan
school funds on 172 134
State treasurer custodian of, purchased by university
and school lands v 174 135
NARCOTICS—
(See Stimulants.)
NORMAL COLLEGE 885 103
(See also University.)
INDEX.
NORMAL SCHOOLS— Section Page
Board of management 907, 908 108
(See also Board of Management.)
Board of trustees, appointment of 907, 909 108, 109
commissions 910 109
compensation 911 109
course of study to adopt 913 110
faculty, employs and fixes salary of 916 111
how constituted • 908 108
meetings of 911 109
oath of office 909 109
report, to make to governor 920 111
secretary, election of 910 109
salary of 911 109
term of 909 109
Buildings, superintendent of construction appointed
by board of management 914 110
Certificates, normal, granted to graduates of, when. . 738 51
Course of study prescribed by supeirntendent of pub-
lic instruction 627 18
Diploma from, equivalent to first grade county certi-
ficate 738
Endowment 906
Faculty, duties of 917
principal of 918
to make report to board of trustees 919
Funds, state treasurer to keep separate 912
Graduates of entitled to state certificate, when 922
diplomas, to receive 921
Location of 905
Maintenance 906
Management 907
Objects 913 110
OATH—
Administered by county superintendent in certain
cases 645
County superintendent (Note 2, p. 172)
Director, to take 678
Election officers, by whom administered 675, 811
Member board of education to take 815
Office, where filed '• 689
Trustees industrial school 978
Trustees blind asylum 969
Treasurer 684, 805, 844 33, 79, 91
OFFICE —
(See titles pertaining to officers.)
OFFICER —
Board of education, how chosen 794 75
County superintendent subject to removal, when . . . 656 25
District treasurer, misdemeanor in neglect of duty as
to warrants, when 771 65
District, notice of election to be furnished 677 32
oath to take 678
Embezzlement of funds 769 65
Felony, guilty of, when 766 65
INDEX. 211
OFFICER— Continued— Section Page
Meetings with, arranged by county superintendent. . 643 22
Penalty for neglect to perform duties of office 765 64
Penalty for failure TO enforce compulsory law 761 63
Reports, penalty for making false 772 . . 66
School, reports of where filed 642 21
Speculation, penalty for in office 767 65
OFFICERS—
Director, election 670 30
term .* 670 30
District clerk, oath where filed 689 35
(See Clerk.)
District school board 679 32
oath where filed , 689 35
president, duties of 682 33
election of 680 32
salary of 681 33
District treasurer, bond of 684 33
bond, additional 685 34
where filed 689 35
duties 686, 687 35
0-ath for election 675 31
Treasurer, election 670 30
term 670 SO
ORAL INSTRUCTION—
Teacher to give in what branches 750 59
PATENTS—
(See School and Public Lands.)
(See Board of University and School Lands.)
PENALTY—
Board of appraisers subject to for false reports 183 138
Certificate revoked when teacher neglects instruction,
in physiology, etc 648 23
Compulsory attendance, prosecutions, how brought 764 64
violation of law of . 760, 761 63
County superintendent, removal from office, when. . 656 25
Delinquent taxes, how applied 720 47
Election returns, for making false 766 65
Flag, not complying with law 865 98
Member board of education refusing to qualify. ..... 854 U4
Money, unlawful drawing of 768 65
Officer, neglect to perform duties of office 765 \'A
Ordinances, relative to school property 853 94
Persons employing child labor 763 04
Physiology and hygiene, neglect to teach 648 . 23
Reports, for making false 306, 772 158, 66
School, for disturbing 773 66
School officers, for failure to provide closets and
privies 874 100
School and public lands, cutting hay before July 1 . . 227 153
cutting or removing timber from 225 152
plowing or cultivating, when 226 153
trespass upon 230, 231 154
Teachers' meetings, failure to attend 641 21
212 INDEX.
PERMITS— Section Page
County superintendent may issue 741
Limit as to number of 741 55
(See Certificates.)
(See Commissioner University and School Lands,
School and Public Lands.)
PETITION—
Additional school term, for 705 41
Bonds (see also Bonds) 776 66
County commissioners, may detach territory from
special districts 786 73
to divide districts on 663 27
Districts, boundaries changed on 667 29
Election to change special district 807 80
Election to organize independent district 828
Not applicable to organized school, when 703 39
Organization of district, for 660 25
Special district to organize 789 74
Text books, to furnish 864 97
(See also Election, School.)
PLATS—
County auditor to furnish, of districts 669 29
POLLING PLACES—
First election, how established 671 29
(See Election.)
PROPERTY—
Exempt from execution, lien 850 93
Real, amount of, district may hold 702 39
for what used 702 39
title -reverts, when 702 39
title vested in independent districts 851 94
School corporation may hold or use 668 29
Special districts pledged for payment of bonds 822
Title to may be acquired by proceeding1 in eminent
domain 702 39
PUPILS—
Classes, assignment to 753 60
Not required to be present during reading of Bible . . 754
Suspension and expulsion of 697, 752 38, 60
797, 846 76, 92
Transportation of arranged for 704
Tuition may be charged 696, 848 37, 93
QUALIFICATIONS—
County superintendent 653, 672 24, 31
Officers 672 31
Superintendent of public instruction 622 17
Teachers 742 50
QUORUM—
(See titles pertaining to Institutions and Board.)
INDEX. 213
RECORDS— Section Page
Commissioner university and school lands, to keep . . 182 137
To be kept in English language 709 42
REGISTER—
Teachers, what to contain 748 58
REPORT—
Biennial of superintendent of public instruction. .635, 636 20
Board of education to make to county superintendent 797 76
Board of trustees, agricultural college, to make 945 114
blind asylum to make 973 125
deaf and dumb asylum to make 966 121
university to make 903 108
what to contain 883 103
Commissioner of university and school lands to
make 182 137
County superintendent, what to contain and when
made 649 23
District clerk to make 707 42
District treasurer's published 686 35
Faculty agricultural college to make 944 114
High school board to make 873 100
Industrial school, board of trustees to make 983 129
faculty to make 983 129
Normal schools, faculty to make 919 111
trustees to make 920 111
School officers, where filed 642 21
Teachers to make 748 58
where filed 642 21
Treasurer, independent district to make 852 94
Treasurer's publication of 717 46
RESIDENCE—
Certificate, to obtain 742 56
RULES—
Examination, prescribed by superintendent of public
instruction, for 626 18
SALARY—
Commissioner of university and school lands 180 137
District treasurer 690 36
County superintendent 652 23
how determined 652 23
not paid when 649 23
Deputy county superintendent 652 23
Officers of district school board 681 33
Superintendent of public instruction 637 20
Teachers, ceases on discontinuance of school 704 40
how graded 695 37
last month's not paid when 748 58
SALES—
(See Commissioner of University and School Lands,
School and Public Lands, Board of University and
School Lands.)
214 INDEX.
SCHOOL AND PUBLIC LANDS— Section Page
Abstracts and conveyances of title to be deposited
with commissioner of 214 148
Appraisal 183 130
equalization of 218 150
for leases 218 150
new, when made 195 143
returns of 218 150
value of pasturage 208 146
Appraisers, who are members of 183 138
Assignee of purchaser, rights of 198 143
Attorney general, duty regarding actions, etc 233 154
Coal lands cannot be sold 216 149
Commissioner of university and school lands, duties
regarding ] 82 137
Contracts, divided when 199 143
execution of 191 141
fees for issuance of new, divided 199 143
new may be issued, when 199 143
new not to issue, when 199 143
payments on to county treasurer 208 146
surrender of 199, 143
Controlled by board of university and school lands. . 170 134
County auditor clerk of sale 190 141
duties and compensation for leasings 221 151
to forward receipts to state auditor of collections. 211 148
County treasurer, bond to give for funds collected
from sale of 209 147
fees entitled to for collection 210 147
remits collections, when 208 146
permits to cut hay or remove down timber, sells. . 228 153
Damages, recovery for, how disposed of 232 154
Examination of, by assessors, and fees for 213 148
Fee remains in state until contract performed 202 145
Hay not to be cut from before July 1 227 153
Lease, adjournment of 218, 223 150, 152
advertisement for 220 150
approval of, by board of university and school
lands 224 152
contracts for 224 152
cancellation of, for cultivated 217a 149
cultivated lands 217, 217a 149
expenses how paid 234
fees for service 234b
fees paid to county treasurer 234b
forfeited when 225, 226, 227 152, 153
how made 221 151
lands subject to 217 149
made by whom 221
payments on 222
selection for 219
term of 217, 217a
when forfeited 201
when may be made without advertising 224
Lists sold to be furnished county treasurer 212
Map of small parcels recorded , 196
Notice to purchaser when contract void 200
INDEX. 215
SCHOOL AND PUBLIC LANDS— Continued.— Section Page
Patents, record of 206 146
Patents for, when and how issued 205 145
Permits may be sold to cut hay or remove down
timber 228 153
Purchaser, rights of under contract 197 143 .
Quantities to be sold 216 149
Rconveyance to the United States 204 145
Recovery of possession by state 203 145
Redemption from forfeited contracts 201 144
Resale of 187, 201 140, 144
Sale, adjournment of 184, 188 139, 141
confirmation 190 141
contracts, voidable when 200 144
county auditor, clerk of 190 141
expense of, how paid 234 155
funds from, what go into general or current fund 215 148
lots 195 143
manner of 186 140
principal from, held inviolate 215 148
publication of notice of 185 140
terms of 187 140
void, when 192 142
Seizure and sale, property unlawfully severed, when 231 154
terms 187 140
-withdrawal of lands from 189 141
Subdivided into small parcels, when 194 142
Surveys of, expenses of, how paid 193, 194, 195 142, 143
Taxation of, after sale 207 146
Tax sale, purchaser acquires what rights by certifi-
cate of 207 146
Timber, lessee not to cult or remove lumber from. .. 225 152
Title in state until contract performed 202 145
Trespass, civil action for 229 153
damages for, paid to state treasurer for general
fund 232 154
penalty for 230, 231 154
sitate's attorney to prosecute when 233 154
what is willful 230 154
Trespassers on when terms of contract not complied
with 202 145
Uncultivated, penalty for plowing or cultivating. . . . 226 153
lessee not to plow or cultivate 226 153
(See also Board of University and School Lands,
Commissioner of University and School Lands,
Funds.)
SCHOOLS—
Alcoholic drinks, instruction as to effects of 648 23
Bible, not sectarian book 7o4 60
Branches of study, additional determined by county
superintendent and district school board 698 38
in schools classified by high school board 80S, 869 98
in special districts 750, 797 59, 76
list of, to be taught 750 59
Child labor prohibited during school hours 762, 764 64
Classification as high school, requisites for 869 98
Consolidation of 704 40
216 INDEX.
SCHOOLS— Continued.— Section Page
Course of study prescribed by superintendent of pub-
lic instruction for 627 18
Discontinued when 704 40
Disturbance of, penalty for 773 66
District high school, how established and controlled 706 41
District school board to establish 692 3fr
District school board may discontinue 692 36
.English language to be taught exclusively 709 42
Free 'text books may be furnished for, and how. .863, 864 97
Health and decency, regulations for 874 100
High schools, what may be classified as 868 98
Holidays, what are (Note 27, pp. 177, 178) 5124, 5125 177
Holidays and Sundays, not taught on 749 58
Libraries, list of books furnished by superintendent
of public instruction 625 18
circulating, provided how 625 18
Lignite coal, to use (Note 30, p. 179) 1030 179
Notice of commencing, given by teacher 746
Organized on petition, when 703 39
Petition to organize, when not applicable 703 39
Physical education to be taught in 754a 60
Supervision over by superintendent of public in-
struction G23 18
Supplies to be furnished for, by superintendent of
public instruction 625
Teacher not entitled to compensation for teaching
on legal holidays or Saturday 749 59
Visitation of, by county superintendent 640
Water closets to be provided for 874
Who may attend 759
SCHOOL CORPORATION—
Authority of 668 29
Territory that may be organized into 660
(See also Districts.)
SCHOOL FOR DEAF—
Children required to attend 759 62
(See also Deaf and Dumb Asylum.)
SCHOOL HOUSE—
District school board may allow use of, when 700 38
Election to establish site for 701, 703 39
Penalty for removing furniture from, a misdemeanor ' 700 38
Proposals to build, advertisement for 783 67
Sites, board of education may obtain 797, 846 76, 92
obtained by district school board, when 703 39
title to how acquired 702 39
SCHOOL LAW—
To be provided by superintendent of public instruc-
tion 631 19
(See also Law.)
SCHOOL OF MINES 885 103
SCHOOL MONTH—
Defined 749 58
INDEX. 217
SCHOOL TERM— Section Page
Increased on petition 705 41
Length of, and how fixed 704 40
Maximum length of 705 41
Special district, maximum 797 76
SCHOOL TOWNSHIP 658, 659 25
SCHOOL WEEK—
Defined 749 5&
SCHOOL YEAR—
When closes 749 58
SEAL—
Board of education 787, 838 74, 89
County superintendent 642
Superintendent of public instruction 633
SECRETARY BOARD OF EDUCATION—
(See Board of Education, Independent Districts.)
SECRETARY OF STATE—
Board of university and school lands, member of . . . 169 133
Bond, commissioner university and school lands,
records 170 134
Laws and supreme court reports, furnishes univer-
sity 894, 895 10&
SINKING FUND—
(See Funds.)
SITES—
(See School Houses.)
SPECIAL DISTRICTS—
Adjacent territory, how attached 786 73-
Board of arbitration 807 80
Bonds (See Bonds, Special District)
Cities governed by law relating to 785 71
Debt limit 818 §3-
Division of 71
Election, board of education, time, notice, etc. .'.'.808 810 80
officers 811 81
voting precincts, how designated 811 81
returns, how canvassed 812 81
certificates 813 81
to become general district 807 80
Equalization debts and property 806 79
High school established, when 797 7fr
Name 787 74
Organization 789 74
Powers of 787 74
Property, conveyance of, made 788 74
Records open to inspection 796 76
Schools, open to whom 797 76"
length of terms 797 76
Tax levy 801, 819 78, 83
Taxes, payable to treasurer 800 7S
218 INDEX.
SCHOOL DISTRICT'S— Continued.— Section Page
Taxes, levy certified to county auditor 801 78
property subject to 800 78
Treasurer, bond 805 . 79
custodian of funds 798 78
duties 804 79
who is 803 79
Tuition funds, entitled to 715, 716 45, 46
STATE AUDITOR—
Deaf and dumb school certificates, issues when 966d 122
Board of university and school lands, member of . . . 169 133
School funds, authority to draw warrants on 176 136
Tuition fund, state, duties as to 711 43
reports to superintendent of public instruction.. 711 43
Warrants,, industrial school, draws 977 105
to draw for salary of institute and training school
conductor 757 61
STATE REFORM SCHOOL—
Erection of buildings 129
STATE TREASURER—
Bond, commissioner of university and school lands,
filed with 170 134
Bonds, purchased by board of university and school
lands, custodian of 174 135
Funds, permanent school and institution collects . . . 175 136
permanent school keeps 174 135
Report to board of university and school lands 175 136
STATE UNIVERSITY—
(See University.)
(See also Branches of Study.)
STIMULANTS 648., 750 23, 59
STUDIES—
Assignment of 753 60
SUPERINTENDENT—
Board of education may employ 797 76
Schools, supervision of 799 78
SUPERINTENDENT OF PUBLIC INSTRUCTION—
Appeals from county superintendents, decided by. .. 629 19
forms for prescribed by 629 19
on examination papers 741 55
general authority of 629 19
Apportions state tuition fund 711, 714 43, 45
Board of university and school lands, member of. .. 624 18
secretary of 1 69 133
Census, prescribes forms for 707 42
Certificates, authority to revoke 739 54
normal, issued by 738 54
prepares questions for examination for 736
professional, issued by 737
County institute fund, may require statement of. ... 758 62
County superintendent, advised and counseled by . . 629 19
to meet with . 632 19
INDEX. 219
SUPERINTENDENT OF PUBLIC INSTRUC-
TION—Continued.— Section Page
County superintendent, to report to 649 23
to report county institutes to 755 61
Courses of study prescribed by 627 18
Deputy, appointment of (Note 31) 370 179
secretary of board of university and school lands,
when ]69 133
District libraries, furnishes list of books for 625 18
Duties generally 634 19
Election of 622 17
Endorses diplomas of graduates of university, when. 889 105
Expense, traveling 637 20
Institute conductors, appointment of 756 61
lecturer, appointment of 756 61
Institutes and training schools, prescribes rules for. 628 19
Library, state, keeps 866 98
Normal schools, member board of trustees 908 108
president board of trustees 908 108
Office of where held 622 17
Percentage required to issue county certificates, pre-
scribes 741 55
Qualifications of 622 17
Questions for teachers' examinations, prepared by. . 020 18
Record, official acts kept by 630 19
Report, what to contain 635 20
when made 635 20
Salary of 637 20
Schools, supervision of 624 18
School law, duty to cause printing and distribution
of 631 19
opinions on, to give 629 19
Seal of office to be kept 633 19
State high school board 867 98
Supplies furnished by 625 . 18
Teachers, examination by 626 18
institutes, to attend and assist at 634 19
reading circle, prescribes course cf study for 628 19
Term of office 622 17
Vacancy in office of, how filled : 726 51
Text books, publishers must file samples and prices. 863 97
to furnish certified copy of prices 863 97
To preserve books, maps, etc 623
Traveling library, to approve bills for 625
to be established by 625 18
•SUPPLIES—
Furnished by superintendent of public instruction. . 625 18
-SUPREME COURT REPORTS—
Secretary of state furnishes for university 894 106
SUSPENSION—
Cause for, notice of, and time 697, 752 38, 60
TAXES—
Board of adjusters levies, when 723 49
Board of arbitration levies 732, 733 52
Board of education levy to pay bonds 801, 819 78, 83
839, 842 89, 90
220 INDEX.
TAXES— Continued.— Section Page
Collected, how and when 720 47
Collection of in independent district 840 90-
County auditor to extend levy for judgments on tax
lists 723 49
County tuition fund 722 49
Delinquent prior to 1899, how apportioned 722 49
District school board to levy 699 38
Independent district, amount of levy 841 90
Judgment, tax to be levied to pay 723 49
Levied by district board, when 721 4g
Levy, for all purposes of equalization, maxim um .... 735 53
for sinking fund 779. 819 68, 83
842, 2488 76, 133
to be certified by district clerk 699 38
to pay final judgment 723 49
Notice of levy, form of 721 48
Poll, levy and apportionment of 722 49
Rate of levy 721 48
Special districts 800, 801 78
Uniform 723 49
TEACHERS—
Branches to teach 750 59
Certificates, applicants for, examined by county su-
perintendents 740 55
examination for 736 53
fees for examination 739, 743 54, 57
grades 741 55
certificate must hold, except in cities organized un-
der special laws 742 56
in special district 797 76
normal, qualifications requisite 738 54
of, revoked for cause 744 57
or permit must hold 695 37
proceedings to revoke 745 5$
professional, qualifications requisite 737 53
requisites 741 55
revocation for failure to give certain instruction . . 648 23
revocation of terminates contract 744 57
Compensation not entitled to, when 747
Contracts, to teach, void if not qualified 742
District school board may dismiss when not holding 695 37
Duties of 746, 747, 748, 750 58, 59
Holiday, entitled to compensation for 749
How grades of, established 741 55
Institutes and training schools, attendance at, re-
quired 751 59
penalty for failure to attend 751
who exemipt 751 59
Meetings of, penalty for failure to attend 641
to be held for by county superintendent 641
when excused from attending . ". 641
Permits to teach, when may be granted 741
Pupils, suspension for cause 752
Qualifications of 742 56"
Report to make in duplicate to county superin-
tendent . 748 58-
INDEX. 221
TEACHERS— Continued.— Section Page
Register, to keep 748 58
what to contain 748 58
Salary ceases on discontinuance of school 704 40
Salaries, how graded G95 37
School, not to teach on legal holiday or Saturday. . . 749 58
to give notice of beginning and closing to county
superintendent 746 58
Who not eligible in certain cities 859 95
TEACHERS' READING CIRCLE—
Fees, collected for professional and normal certifi-
cates 739 54
TERM—
Office of county superintendent 638 20
Office of superintendent of public instruction 622 17
Special district, .maximum 797 76
(See Schools, Officers, Etc.)
TERRITORY—
. District extent of, to form 661 26
School corporation, that may be organized into (Note
7, p. 173) 660 25
TEXT BOOKS—
Boards of education may furnish 863 97
Contracts for 863 97
District school board may furnish free 863 97
How paid for 864 97
May be loaned, or sold at cost 863 97
Petition to furnish free 864 97
Publisher must file samples and prices with superin-
tendent of public instruction 863 97
TITLE—
Real property, to, how acquired 702 39
(See Schools and Public Lands.)
TOWNSHIP-
CM!, may be organized into school district 660 25
Congressional to be organized into district, when. .. 667 29
Consolidation of civil into district, when 664 27
TRAINING SCHOOLS—
County superintendent to give notice of 751 59
(See Teachers, Institutes, Etc.)
TRAINING SCHOOL FUND—
(See Fund.)
TREASURER—
Agricultural college, bond 937, 950 113, 115
not to be a member of the board 937 113
Board of education, treasurer of city 803 79
Independent districts, funds, how kept and paid out 845 91
reports 852 94
Reports, made how and when 717 46
to be published 717 46
222 INDEX.
TREASURER— Continued.— Section Page
Reports, to show what 717 46
Special districts 798
bond of 805 79
duties as to interest coupons 821
duties of 804
office vacant, when 805 79
vacancy in office, how filled 805
To receipt for vouchers 717
TRUSTEES—
(See Board of Trustees.)
TUITION—
District school board, may charge non-resident
pupils 696
not to charge, when 696 37
non-resident deaf and dumb children 959 99
TUITION FUND—
Apportionment of 647 23
County, how and when apportioned 722 49
tax levy for 722 49
Districts entitled to 715, 716 45, 46
How paid to counties 711 43
Special, transferred to state, when 712 44
what constitutes 71 2 44
State apportionment by county superintendent, when 715 45
apportionment of 710, 711 43
collection of 710 43
district not entitled to, when , 714 45
special fund transferred to 712
unused, reverts to state treasury when 711 44
what constitutes .710, 712
Treasurers to keep separate account of 711 43
(See also Funds.)
UNIVERSITY—
Board of trustees, compensation of 891 105
college may make part of 882 102
faculty, elects 881 102
salary, fixes 893 106
finances, control of 882 102
geological map to be caused to be made 902 107
geological survey, extent of 898, 899 107
how appointed 876, 877 101
meetings 879, 880 102
meteorological statistics to tabulate 900 107
officers 878. 879 101
powers of 878 101
quorum 879 102
reports to make 883 103
annual, and what to contain 883, 903 103, 108
rules and by-laws 892 105
specimens to collect 901 107
Bonds... 133
Certificates, professional, granted to graduates, when 737
purposes to be used 712
state auditor reports amount, when 711
Certificates, normal, granted to graduates, when .... 738 54
INDEX. 223
UNIVERSITY— Continued.— Section Page
Departments of 885, 890 103, 105
Faculty, powers and duties of 884 103
Graduates entitled to endorsement of diploma 889 105
Location of 875 101
Muskets furnished by adjutant general 896 106
to be returned when called for 897 106
Normal department, diploma from, equivalent to
first grade county certificate 738 54
special agreement to enter 892 107
Object of 885 103
Scandinavian language to be taught 887 104
Secretary of state furnishes laws and supreme court
reports 894 100
Students, who may become 888 105
Tuition, free to whom 890 105
UNORGANIZED TERRITORY—
Pupils residing in, when not to be charged tuition. . 696 37
UNORGANIZED TOWNSHIP— (Civil) 659 25
VACANCY—
Appointments to fill for, how long valid 726, 727, 728 51
County superintendent, office of, how filled 727 51
District treasurer, office how filled 728 51
How caused 730 51
Office, board of education, how filled 814, 834 81, 88
director, how filled 728 51
district clerk, how filled 729 51
district treasurer, on failure to give additional
bond 685 34
superintendent of public instruction, how filled. . 726 51
VALUATION
Assessors to furnish district clerk, when 724 50
Amount necessary to form new district 660, 661 25, 26
VOTING—
(See Election.)
WAGES—
(See Salary, Teachers.)
WARRANTS—
Certain, legalized 669a 29*
District treasurer, when to endorse 687 35
Endorsed, when to pay 687
Fund on which drawn, designated 688 35
Interest on endorsed 687 35
Misdemeanor, endorsement and payment of, when. . 771 65
Received for collection of taxes 719 42
Specify what 688 35
When drawn 688 35
WOMEN—
Eligibility to office 672 31
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