LIBRARY
OK THE
UNIVERSITY OF CALIFORNIA.
OIKT OK
Received
Accession No.,, .
, igo
DIGEST OF LAWS
•
FREE SCHOOLS
STATE OF ARKANSAS,
FORMS FOR USE OF SCHOOL OFFICERS,
COMPILED AND ANNOTATED BY JUNIUS JORDAN, SUPER-
INTENDENT OF PUBLIC INSTRUC'I!-
BY
LITTLE ROCK, ARK. :
THE BROWN PRINTING COMPANY
1895
DIGEST OF LAWS
RELATING TO
FREE SCHOOLS
IX TIIK
STATE OF ARKANSAS,
AX I)
FORMS FOR USE OF SCHOOL OFFICERS,
• COMPILED AND ANNOTATED BY JUNIUS JORDAN, SUPER-
INTENDENT OF PUBLIC INSTRUCTION.
BY AUTHORITY.
LITTLE ROCK, ARK.:
THE BROWN PRINTING COMPANY.
R-ga
CHAPTER CXXXIX
OF
SAN DELS 3d HILL'S DIGEST.
SECTION
FREE SCHOOLS — SUPPORT OF.
6930. The state ever to maintain free schools ; who may receive gratuitous in-
struC'ion.
6931. State taxes for support of; limit; per capita tax; additional taxation may
be in school districts ; limit.
COMMON SCHOOL FUND.
6932. What moneys and other property constitute this fund; to be invested.
6933. County courts may place certain funds to credit of school districts, when.
6634. Principal arising from sale of sixteenth sections shall not be apportioned
or used.
6935. Certain townships, when not entitled to proceeds.
6936. Income of fund and per capita tax, how appropriated.
6937. Auditor to draw warrant on treasurer for school revenues due the coun-
ties, when.
6938. County collector to collect per capita tax and pay into county treasury.
when and how.
6939. Debts due the fund by estates preferred.
6940. No costs to be charged in suits for dues to the fund, when.
COMMISSIONERS OF SCHOOL FUND.
6941. Board of commissioners, who compose; when and where to meet.
6942. Governor to be president of board.
6943. Superintendent of public instruction to be secretary and keep record of
proceedings; copy of record to be evidence.
6944. Board to invest fund in bonds.
6945. Suits for moneys due the fund may be in any court having jurisdiction,
when ; board may direct officer to prosecute suit.
6946. All moneys accruing to the fund to be paid into treasury; how paid out.
6947. Auditor accountant for board ; to make report, when and to whom.
82735
4 SCHOOL LAWS.
6948. Auditor to draw warrants on the fund to pay for investments, when.
6949. Treasurer to pay such warrants and keep in treasury all securities so pur--
chased.
6950. Board to make settlements with the state treasurer, when.
SUPERVISION OF PUBLIC SCHOOLS.
6951. General assembly to provide officers for.
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION.
6952. When elected
6953. Oath of.
6954. To have general superintendency of the schools of the state,
6955. Office to be at Little Rock ; have all books, etc., of his department there,
and of all the business of his office keep a record.
6956. 6957, 6958, 6959, 6960, 6961, 6962, 6963. Duties and powers of.
6964. Report to governor, when.
6965. Governor to transmit report to general assembly.
6966 Superintendent to have his reports published and distributed.
6967, 6968, 6969, 6970, 6971. • Powers and duties; further specifications of.
6972. Vacancy in office of superintendent, how filled.
6973. Superintendent or examiner acting as book agent, or receiving pay for in-
fluence, guilty of misdemeanor.
6974. Superintendent may grant state certificates to any person passing an ex-
amination.
6975. May prepare list of text-books and recommend same.
6976. Impression of superintendent's seal of office to be furnished to secretary
of slate.
6977. Documents, etc., in superintendent's office, how to be authenticated.
6978. To prepare forms for grades of certificates to teachers, school registers, ,
reports of directors and examiners.
DISTRICT NORMAL SCHOOLS.
6979. 6980, 6981, 6982, 6983, Changed to county normals by act of April 20,
1895.
SCHOOL DISTRICTS.
6984. Repealed.
6985. When change proposed, notice to be given ; how, where and when
posted.
6986. Schools to be body corporate; name of; corporate powers.
6987. To have property in corporate name.
6988. No district to be formed, nor old one reduced, so as to contain less than,
thirty persons of scholastic age.
6989. County court may form new districts or change boundaries; when.
6990. Such territory to have requisite children or property.
6991. Proportional share of debt to be adjusted.
6992. Proportionate share of surplus fund to be adjusted.
SCHOOL LAWS. 5
APPORTIONMENT OF SCHOOL FUND.
•6993. County court to apportion school revenue to the districts; rule.
6994. New districts, when and how to be apportioned.
6995. County examiners to report number of residents in each district.
6996. County clerks to lay reports before the court.
6997. Counties losing funds by change of boundaries, to be reimbursed.
6998. Amounts thus paid deducted from share of what counties.
6999. Auditor to draw warrant for county's share of school fund, when.
COUNTY EXAMINERS.
7000. How appointed, commissioned, etc.
7001. Appointments heretofore made validated.
7002. Oath of.
7003. To stand examination before entering on duties.
7004. No one to fill the office of examiner and school director at the same time.
7005. Clerk to notify superintendent of appointment, etc.
7006. Superintendent to examine, or appoint some one to examine him ; ques-
tions to be used.
7007. Salary of; limit to.
7008. Examiner not to examine applicant till fee is paid to treasurer, etc.
7009. Duty of examiner.
7010. Examination, what to consist of.
7011. Examiner to give certificates according to grade to those entitled.
7012. Shall not license certain persons described.
7013. May cite for re-examination and revoke licenses ; when.
7014. Effect of such revocation.
7015. Additional examination in regard to land surveys.
7016. Failure to teach the instructions required in preceding section, cause to
revoke licenses.
7017. To issue three grades of certificates.
7018. To keep record of teachers licensed.
7019. To encourage inhabitants to establish public schools; report to state sup-
erintendent condition of schools in his county, etc.
7020. Annual report of, what to contain.
7021. To number the school districts and keep record and description of each.
7022. May appoint person to hold institutes and examinations, when.
7023. County judge may remove examiner and appoint successor, when.
7024. Examiner failing to perform required duties ; forfeiture.
7025. Examiner to present, and may have allowed, by the county court, an ac-
count; of what ; how much allowed.
7026. How paid.
ANNUAL SCHOOL MEETING.
7027. 7028. When held ; who may vote.
7029. Quorum; routine of business.
O SCHOOL LAWS.
7030. Annual district election, how held ; judges and clerks of.
7031. Ballot, form of ; returns, how made.
7032. Result of election to be delivered to county clerk.
7033. County court to open returns and determine amount of taxes voted.
7034. Taxes so voted, how levied and collected.
SCHOOL DIRECTORS..
7035. When elected ; term of office.
7036. Judges to give certificate within five days ; director to qualify within ten»
days thereafter ; filing certificate and oath.
7037. Oath of office, by whom administered.
7038. 7039. Refusal to qualify as director, forfeiture ; failing to perform duties
of his office, forfeiture.
7040. Vacancy in office of director, how filled.
7041, 7042, 7043. Directors, board of; duties and powers.
7044. Month, meaning of, in school law.
7045. Directors may expend annually not more than twenty-five dollars for
charts, etc.
7046. 7047, 7048, 7049, 7050, 7051. Directors, board of; further specification
of duties and powers.
7052. Warrant drawn by directors ; county treasurer to pay.
7053. Directors to give notice of annual school meeting ; contents of notice.
7054. 7©S5- Director, one to be clerk at all district meetings, and keep record of
proceedings; also to keep the yearly accounts of the district.
7056. Directors to report to county clerk the officers elected and amount of
money voted at annual meeting.
7057. Directors to report annually to county examiner; contents of report.
7058. Directors failing to make this report, liable in damages.
7059. Directors to settle annually with county treasurer.
7060. 7061. Directors may suspend any pupil for cause; may permit older per-
sons to attend school.
7062, 7063, 7064. County court may transfer scholars to an adjoining district,
when ; regulations concerning such transfer.
7065. Directors may permit private school to be taught in district school house,,
when.
7066. Directors may cause schobls to be closed, when.
7067. Directors and examiners exempt from road work.
7068. Neglect to report tax levied at annual meeting liability for loss ; fine.
7069. Directors to furnish county clerk with list of all persons owning property
in the district liable to pay special tax, when.
7070. Neglect of any duty under school laws, fine for.
TEACHERS.
7071. Must have certificate and license to teach, or not entitled to pay.
7072. Must keep daiiy register.
SCHOOL LAWS. 7
7073. Duty of, to attend teachers' institute.
7074. Not to permit sectarian books to be used in school.
7075. How paid ; preference of claim
7076. To return register, else pay stopped.
TRESPASS ON SCHOOL HOUSE, ETC.
7077. Injuring school house, fixtures, etc., fine for.
SCHOOL WARRANTS — DISBURSEMENT OF FUNDS, ETC.
7078. County collectors and treasurers not to be interested in school warrants.
7079. District school tax payable in warrants of district.
7080. County treasurer to keep register of school warrants, how.
7081. County treasurer to give notice of receipt of school funds; how such funds
paid out.
7082. Officer failing to comply with act, punishment.
7083. Director fraudulently issuing warrant, punishment.
7084. County treasurer to report school funds received by him, disbursements
and balance in treasury, when.
7085. Orders of directors to be presented to treasurer, when ; order of payment.
7086. If not paid, how indorsed ; record of such warrants.
VIOLATION OF SCHOOL LAWS— DUTY OF PROSECUTING ATTORNEYS.
7087. Prosecuting attorneys, when school laws are violated, to bring offenders to
trial ; compensation; costs in such cases.
SPECIAL ACTS FOR SCHOOLS IN CITIES AND TOWNS.
7088. Cities and towns may be special districts.
7089. 7090. Procedure to adopt the act and elect directors.
7091. Election in, when and how held.
7092. By whom held, duties, compensation and oath of judges and clerks.
7093. Polls, when opened and closed.
7094. If a regular judge fails to appear, when and how judge elected.
7095. Wh6n electors vote.
7096. Returns of election.
7097. Duty of clerk; duty of county clerk.
7098. Directors, when and how to qualify.
7099. Provisions of chapter not applicable.
7100. Board to organize, how.
7101. Meetings of board; quorum; board may make rules for its own govern-
ment.
7102. 7103. Powers and duties of board.
7104. Warrants on the county treasury, how drawn and signed.
7105. Secretary of board, duties of, compensation.
7106. Title to all school property vested in city or town as a school district, and
to be under control of directors.
7107. Name of district ; corporate powers; style of board.
8 SCHOOL LAWS.
7108. Debts of former districts to be paid.
7109. Directors failing to qualify or to perform their official duties ; penalty.
7110. Board of visitors and examiners, how appointed; term of office ; appointee
failing to perform duties; penalty.
7111. District to receive full share of school fund.
7112. State superintendent to make suggestions, etc., to directors.
7113. Provisions of the general school law; when to apply to special districts ;
county court may annex contiguous territory, when.
II. SCHOOL LANDS.
SECTION
7114. Inhabitants of any congressional township may petition for sale of six-
teenth section.
7115. Duties of collector on receipt of petition.
7116. If subdividing no tract shall contain more than forty acres.
7117. Collector shall cause each subdivision to be appraised.
7118. Collector shall give public notice of time of sale.
7119. Collector shall offer each tract separately. Sale shall take place between
the hours of 12 m. and 3 p. m., and may be continued from day to day.
No tract shall be sold for less than appraisement. If any tract remain
unsold collector may without petition sell again, giving notice of sale.
7120. Collector shall report sales to county court. — If sales not confirmed court
shall direct collector to advertise and sell again. Form of certificate to
be given to purchaser. Commissioner of state lands shall make deed
on presentation of certificate.
7121. Collector shall pay all costs of sales out of proceeds.
7122. County clerk shall ascertain who are paying taxes on the sixteenth sec-
tions ; other duties.
7123. County clerk shall keep the account of each township entitled to benefits
from this act.
7124. Penalty imposed on county clerk for failing to keep record.
7125. Collection of claims due common school fund; authorizes attorney general
to employ competent attorneys in each county to collect claims due on
account of sixteenth section ; other duties.
7126. State treasurer shall place to credit of proper county all moneys received
on account of sixteenth section lands.
7127. State treasurer to invest money and place accrued interest to credit of
each county.
7128. Accrued interest may be drawn in same manner as now provided for by law.
7129. All evidences of indebtedness arising from sales of sixteenth sections shall
be turned over to commissioner of state lands.
7130. County collectors and treasurers shall turn over to state treasurer all the
moneys in their hands belonging to I5th section fund.
SCHOOL LAW'S. 9
7131. Commissioner of state lands shall keep record of all deeds made for six-
teenth section lands.
PATENTS.
7132. Last assignee of certificate for school lands entitled to deed, when
7133. Auditor to execute deed for school lands to heirs at law, when.
7134. Lands so conveyed, to stand charged with amount advanced by estate to
procure title.
7135. Patents issued, and all official acts done during the war concerning school
lands, made valid.
7136. Rights of the state in such lands, acquired under judgment, etc., where
deeds had been made to purchasers, vested in the proper owners under
such deeds.
7137. Certain suits by the state for school lands to be dismissed.
7138. Commissioner of state lands to make deed for school lands paid for, and
for which no conveyance has been made.
LEASE OF SCHOOL LANDS.
7139. Collector to lease school lands, when.
7140. Manner and terms of leasing.
7141. Notice of leasing, how given.
7142. Leased by private contract, when.
7143. Occupants to pay rent.
7144. Lessees, rules governing, minimum rent.
I. SCHOOLS.
FREE SCHOOLS — SUPPORT OF.
SECTION 6930. Intelligence and virtue being the safe-
guards of liberty, and the bulwark of a free and good gov-
ernment, the state shall ever maintain a general, suitable
and efficient system of free schools, whereby all persons in
the state, between the ages of six and twenty-one years,
may receive gratuitous instruction.
SEC. 6931. The general assembly shall provide, by gen-
eral laws, for the support of common schools by taxes,
which shall never exceed in any one year two mills on the
dollar on the taxable property of the state ; and by an an-
nual per capita tax of one dollar, to be assessed on ever)
male" inhabitant of this state over the age of twenty-one
years, Provide d% The general assembly may, by general
IO SCHOOL LAWS.
law, authorize school districts to levy, by a vote of the
qualified electors of such districts, a tax not to exceed five
mills on the dollar in any one year for school purposes.
Provided, further, That no such tax shall be appropriated to
any other purpose, nor to any other district, than that for
which it was levied. Art. 14., sees, i and j, Const.
POWER TO TAX FOR SCHOOL PURPOSES.
The state is the source of authority. "Every muncipal corporation and every
political division of the state must be able to show due authority from the state
to make the demand."
Cooley on Taxation, 474.
School districts are civil corporations, and the legislature may confer upon
them the power to tax for school purposes.
State v. Bremond, 38 Texas, 1 16.
The words "public schools" are synonymous with "common schools," and
mean the schools created by law and maintained at the public expense, and
which are open and common to the children of the inhabitants alike.
Jenkins v. Andover, 103 Mass., 94.
People v. Board of Education, 13 Barb. (N. K), 490.
Hotter t v. Sparks, 9 Bush, 259.
Webster's Dictionary, Common Schools.
Henderson v. Collins and Jett, Kentucky Reports*
Abbot? s Law Dictionary, title, Common Schools.
Taxation for public schools is for a public use and purpose, and public educa
tion is a fit and appropriate object of taxation.
68 M. £., 582.
Williams v. School District, 33 Vt., 271.
Marshall v. Donovan, 10 Buck. (Jfy.),68l.
6 Coiven (N. K), 543.
56 Pi. St. 359; 22 Grattan ( Va.}, 857.
There can be no taxation in aid of a private educational institution operated
for individual profit.
Curtis1 Admr's v. W hippie, 24 Wis., 350.
Philadelphia Assn. v. Wood, 39 Pa. St., 73.
That a school building was larger than was immediately needed, and that the
vote specified among other uses of a part of the building, that of holding school
society meetings and lectures therein, does not vitaite the tax, nor authorize a
court to enjoin the same.
Sheldon v. Centre School District, 25 Conn., 224. .
Greenbanks v. Boutwell, 43 Vt., 207.
In New Hampshire it has been held that a vote by a school district to remove
SCHOOL LAWS. . I I
and repair a school house came within the authority granted by statute to raise
money " for erecting and repairing school houses."
Bump v. State, 4 (N. H.}, 48.
Taxation to support high schools and normal schools has been declared proper
and lawful unless absolutely restricted by the constitution.
Stuart v. School District, 30 Mich., 69.
Report U. S. Corner Ed. for 1876-7.
Richards v. Raymond, Supt. Court of Illinois, Nov. 10, 1879.
Chicago Legal News, Vol.\2,No. n.
Merrick and others v. Inhabitants ef Newburyport, 10 Metcalf
(Mass.], 508.
Briggs et al. v. Johnson County, Mo., 4 Dillon C. C. R., 148.
Commonwealth v. Dedham, 16 Mass., 141.
Commonwealth v. Sheffield, n Cush (Mass.), 178.
Jenkins v. Andover, 103 Mass., 94.
In a Massachusetts case it was decided that money raised for the support of a
female high school for the purpose of teaching book-keeping, algebra, geometry,
history, rhetoric, mental, moral and natural philosophy, botany, the Latin and
French languages, was lawfully raised by taxation.
10 Metcalf (Mass.}, 508.
Because a constitution expressly names free schools and a university, and
does not name normal schools, is no constitutional reason against taxation to es-
tablish normal schools.
Briggs v. Johnson County, 4 Dill., C. C. R., 148.
COMMON SCHOOL FUND.
SEC. 6932. The proceeds of all lands that have been,
or hereafter may be, granted by the United States to this
state, and not otherwise appropriated by the United States
or this state ; also all moneys, stocks, bonds, lands and
other property now belonging to any fund for purposes of
education ; also the net proceeds of all sales of lands and
other property and effects that may accrue to this state by
escheat, or from sales of estrays, or from unclaimed divi-
dends, or distributive shares of the estates of deceased per-
sons ; also any proceeds of the sale of public lands which
may have been, or may be hereafter, paid over to the state
(congress consenting) ; also ten per cent of the net proceeds
of the sales of all state lands ; also all the grants, gifts or
devises that have been or hereafter may be made to this
12 SCHOOL LAWS:
state, and not otherwise appropriated by the tenure of the
grant, gift or devise, shall be securely invested and sacredly
preserved as a public school fund that shall be designated
as the " common school fund " of the state, and which shall
be the common property of the state, except the proceeds
arising from the sale or lease of the sixteenteen section (a).
Act December 7, 1873, sec- T-
SEC. 6933. The county courts of the various counties
are authorized and empowered to place to the credit of the
common school fund of the county, any and all school
funds that may be in the county treasury, derived from va-
rious sources, and about which there is any doubt as to their
proper application with the county court, and that said
school funds, when so placed to the credit of the common
school fund, shall be, by said county courts, apportioned
among the school districts of the county as is now provided
by law.
SEC. 6934. The principal arising from the sale of the
sixteenth section of land shall never be apportioned or used.
SEC. 6935. Should any of the funds mentioned in this
act arise from the sale of said sixteenth section of land and
there should be any doubt as to the township from whence
it came, then such townships as have not disposed of the
sixteenth section of land, or may have disposed of the same
and have the proceeds placed to their credit, shall not be
entitled to any part of the interest arising from said doubt-
ful sixteenth section fund. Act March 13, 1885 \ sees. /, 2.
SEC. 6936. The annual income from the said fund, to-
gether with one dollar /^f capita to be annually assessed on
every male inhabitant over the age of twenty-one years, and
so much of the ordinary annual revenues of the state as may
hereafter be set apart by law for such purposes, shall be
(a) No money or property belonging to the public school fund, or to this
state, for the benefit of schools or universities, shall ever be used for any other
than for the respective purposes to which it belongs. Art. 14, sec. 2, Const.
SCHOOL LAWS. 13
faithfully appropriated for maintaining a system of free com-
mon schools for this state, and shall be appropriated to no
other purpose whatever. Act December 7, 1875, sec. 2.
SEC. 6937. The state auditor shall, on requisition from
the state superintendent of public instruction, draw war-
rants on the state treasurer for payment to the several county
treasurers of the school revenues due their respective
counties.
SEC. 6938. The per capita tax levied by the general reve-
nue laws of the state shall be collected by the county col-
lector at the same time and place that the state taxes are
collected, and be paid in the county treasury on or before
the first day of July of each year, in the presence of the
county conrt clerk, who shall make a record of the same
as a revenue for the support of common schools (b). /<£.,
sees. ?/ and 32.
SEC. 6939. In the payment of debts by executors and
administrators, the debts due the common school fund shall
have a preference over all other debts, except funeral and
other expenses attending the last sickness.
SEC. 6940. No justice of the peace, constable, clerk of a
court or sheriff shall charge any costs in any suit where the
collector or any other officer sues for the recovery of any
money due to the common school fund, if the plaintiff in
such cause is unsuccessful. Act January //, 18531 sees. 50
and 55.
COMMISSIONERS OF SCHOOL FUND.
SEC. 6941. The secretary of state, auditor and state su-
perintendent of public instruction shall constitute a board
of commissioners of the common school fund, and shall
meet semi-annually at the office of said superintendent on
the first Monday in February and on the first Monday in
August in each year. Provided, The secretary of state may
(b.} The penalty collected for the non-payment of 4axes on personal prop-
erty is to be paid into the county school fund. See sec. 6589.
14 SCHOOL LAWS;
assemble the members of said board any time at his dis-
cretion.
SEC. 6942. The secretary of state shall be president of
said board and shall sign the journal of each day's proceed-
ings. Act Dec. 7, /#75, sees. 3, 4, as amended by act April
10, 1893.
SEC. 6943. The superintendent of public instruction shall
act as secretary of the said board, and shall keep a faithful,
correct record of the proceedings, and shall keep the said
record open at all times for inspection. A copy of said
record, certified by the secretary of the board, shall be in
all cases received as evidence equal with the original.
SEC. 6944. The said board of school commissioners
shall have the management and investment of the common
school fund belonging to the state, and shall from time to
time, as the same may accumulate, securely invest the said
funds in bonds of the United States or the state of Arkansas.
SEC. 6945. That all moneys required by law to be paid
into the treasury to the credit of the common school fund
may, if the same be not paid within thirty days after they
shall have become due and payable, be recovered, with in-
terest due thereon, by action in any court having jurisdic-
tion ; and such action shall be prosecuted by the attorney
general of the state, or by the prosecuting attorney of any
judicial district within this state, when directed by the said
board.*
SEC. 6946. All moneys belonging or owin^ to the com-
mon school fund, as mentioned in section 6932, or accruing
as revenues therefrom, together with the state school tax,
shall be paid directly into the state treasury, and shall not
be paid out except on the warrant of the auditor. Act De-
cember 7, /<?75, sees. 5-8.
SEC. 6947. The state auditor shall be the accountant of
said board, and shall, annually, on the first Monday in Oc-
*See Orr v. State, 56-107.
SCHOOL LAWS. 15
tober, transmit to the governor and to the superintendent of
public instruction a report of the condition of the school
fund on the ist day of July last preceding, with an abstract
of the accounts thereof in his office.
SEC. 6948. The auditor shall, under the direction of the
board of commissioners, draw warrants on the state treas-
urer for the payment of all or any portion of the common
school fund belonging to the state, for the purchase of bonds
or other securities in which the same is by law invested.
SEC. 6949. The state treasurer shall, by virtue of such
warrant, pay from the uninvested common school fund the
purchase money for said securities, and shall receive and
deposit the same in the state treasury for safe-keeping, and
receipt to the president of the board of commissioners for
the kind and amount of such securities.
SEC. 6950. The said board shall, at their semi-annual
meeting, settle with the state treasurer all accounts of the
common school fund not before settled. Ib., sees, 9-12.
SUPERVISION OF PUBLIC SCHOOLS.
SEC. 6951. The supervision of public schools, and the
execution of the laws regulating'the same, shall be vested
in and confided to such officers as may be provided for by
the general assembly. Art. 14., sec. 4., Const.
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION.
SEC. 6952. At the next general election, and every two
years thereafter, there shall be elected a state superintendent
of public instruction, by the qualified electors of this state,
as state officers are now elected.
SEC. 6953. • Before entering upon the duties of his office,
he shall take and subscribe the oath prescribed for officers
by the constitution of this state, and shall file such oath with
the secretary of state.
SEC. 6954. The superintendent of public instruction shall
l6 SCHOOL LAWS.
be charged with the general superintendence of the business
relating to the free common schools of this state.*
SEC. 6955. He shall open at the seat of the state govern-
ment (at the expense of the state) a suitable office, in which
he shall keep all books, reports, documents and other papers
pertaining to his department, and where he shall be in at-
tendance when not necessarily absent on business, and have
personal supervision of the business affairs of his office, and
keep a clear and correct record thereof.
SEC. 6956. He shall furnish suitable questions! for the
examination of teachers to the county examiner ; he shall
hold a teachers' institute annually in each judicial district of
the state, to be called a normal district institute ; he shall
arrange the; programme exercises for each of such institutes,
and preside thereat. Provided, If he should not be present,
the teachers who may have assembled may organize and hold
such normal district institute. (See recent act of the legisla-
ture placed in the digest after sec. 6978.)
SEC. 6957. He shall prepare and transmit to the county
examiners, school registers, blank certificates, reports and
other printed blanks, together with other suitable blanks,
forms and printed instructions, to be forwarded to directors
and other school officers, as may be necessary to aid such
officers in making their reports and carrying into full effect
*A general power of charge and supervision oi schools includes the power to
make all reasonable rule? and regulations for the discipline, government and
arrangements of schools. 5 Cush. (Mass.), 198 ; 8 Cush. (Mass.),i6o; 12 AIL
(Mass.}, 127; 105 Mass., 476; ,63 ///., 353; 71 Mo., 628; 13 Brad., 520.
As to what is a reasonable rule, see 63 ///., 353548 ^.,476,477; 31 Iowa, 565.
It is in short, "Any rule of the school or system not subversive of the rights
of the children or parents or in conflict with humanity and the precepts of divine
law which leads to advance the hw in establishing public schools."
f*The state superintendent iS the only one authorized to furnish questions for
these examinations. The examinations held by examiners at the close of a
private school of their own, in which they have prepared the teachers to answer
certain questions prepared by the examiner for the occasion, are not legal, and a
license granted in this manner is void.
SCHOOL LAWS. I/
the various provisions of the school laws of this state. Act
December 7, /<?75, sees. 13-16.
SEC. 6958. The superintendent of public instruction shall
prepare a form of poll books to be used by the directors of
the various school districts of this state at their annual elec-
tions as are now, or may hereafter be provided by law, and
have the same printed as other blanks for school purposes ;
and shall transmit the same to the county examiner of each
county for distribution to school directors in the same man-
ner as other school blanks are now, or shall hereafter be dis-
tributed. Act March 2, 1887.
SEC. 6959. He shall exercise such supervision over the
school funds as to ascertain the amount and disposal made
of the same, their protection and safety when invested or
deposited, and recommend measures for their seecurity and
preservation, and for rendering them most productive of
revenues ; shall enforce the strict application of the school
revenues to the legitimate purposes for which they were
intended, and shall, when directed by the commissioners of
the school fund, cause to be instituted, in the name of the
state of Arkansas, suits or actions for the recovery of any
portion of the said funds or said revenues that may be
squandered, illegally applied or unsafely deposited.
SEC. 6960. He shall, on or before the first day of No-
vember in each year, prepare and submit to the governor of
this state an aanual report, in writing, showing the number
of persons between the ages of six and twenty-one years
residing in the state on the first day of the preceding July ;
the number of such persons in each county; the number of
each sex ; the number of white ; the number of colored ;
the whole number of such persons that attended the free
common schools of the state during the year ending the
thirtieth day of the last preceding June, and the number in
each county that attended during the same period; the
number of whites of each sex that attended, and the num-
S— 2
1 8 SCHOOL LAWS.
her of colored of each sex that attended the said schools;
the number of common schools in the state ; the number of
pupils that studied each of the branches taught ; the average
wages paid teachers of each sex ; the relative average
wages paid to male and female teachers respectively, ac-
cording to the different grades of their certificates ; the
number of school houses erected during the year ; the ma-
terial and cost thereof; the number previously erected, the
material of which they were constructed, their condition
and value ; the number with their grounds inclosed ; the
counties in which teachers' institutes were held, and the
number that attended the institutes in each county.
SEC. 6961. He shall likewise report the amount of per-
manent school fund belonging to the state at the close of
the fiscal school year, and the amount of other property
apportioned to school purposes ; the nature, kind and
amount of such investments made of the same ; the safety
and permanency of such investments ; the amount of
revenue accruing from the school funds ; the income re-
ceived from tfie per capita assessments of each county, and
the amount derived from such assessment in all the counties
of the state ; the income derived from all other sources, to-
gether with the amount derived from each; likewise in
what sums, for what purposes and in what manner the said
school revenue shall have been expended, and what amount
of school moneys of various kinds are in the various county
treasuries unexpended.
SEC. 6962. He shall include in his report such plans as
he may have matured for the improvement of the common
school system of this state ; for the accumulation, the invest-
ment and the more judicious management of the common
school fund, and, when he may deem it advisable, shall rec-
ommend measures for a more economical and advantageous
collection and expenditure of the revenues accruing from
the said fund ; and whenever it comes to his knowledge that
SCHOOL LAWS. IQ
any of the investments of the school funds are not safe, or
that any portion of the said fund is liable to be lost, that it
is unproductive of revenue, or that any of the school
revenues have been diverted from their proper channel or
from the appropriate objects contemplated, he shall report
the facts to the governor and to the general assembly, if in
session.
SEC. 6963. He shall also append to his report a statisti-
cal table, compiled from the materials transmitted to his
office by school officers, with proper summaries, averages
and totals given.
SEC. 6964. He shall present such a comparison of results,
and such an exhibit of his administration, and of the opera-
tion of the common free school system, together with such
statements of the true condition of the schools of the state,
as shall distinctly show the improvements and progress
made from year to year in the department of public instruc-
tion,
SEC. 6965. The annual reports of the state superintend-
ent to the governor shall be transmitted by the governornor
to the general assembly at the opening of the session.
SEC. 6966. He shall have his reports to the governor
published as soon as practicable after they have been made,
and shall cause them to be distributed among the various
school officers of the state, to be kept on file in their respec-
tive offices. Provided, He shall not have more than five
thousand copies of such reports printed for any one year,
the printing of such reports to be let out as other contracts
for printing. Act December 7, /#75, sees. 16-23.
SEC. 6967. He shall on the first Monday of August and
on the first Monday of February of each year, make a pro
rata apportionment to the several counties of the state of
the remaining revenues in the state treasury available for
distribution for school purposes, on the basis of the num-
ber of persons between the ages of six and twenty-one
2O SCHOOL LAWS.
years, residing in said county, respectively, on the first
day of September previous ; and he shall publish a
statement of the same, and as early as practicable,
shall transmit a copy thereof to each county exam-
iner and to each of the several treasurers in the state, and
to each county clerk, who shall submit the same to the
county court at its next term ; and he shall thereupon draw
his requisition on the state auditor in favor of the treasurers
of the several counties for such amount as the said counties
maybe entitled to receive for the support of free common
schools. Act March 20, 1891.
SEC. 6968. He shall, from time to time, publish in con-
venient pamphlet form, and furnish each school officer, the
acts of the general assembly relating to common schools, and
the decisions of the courts having competent jurisdiction in
relation to the school laws ; and he shall likewise, at the re-
quest of any school officer, render a decision relating to the
intent, construction or administration of any portion of the
school laws on which decisions shall not have been pub-
lished, and he may, when he shall deem it advisable to have
the opinion of the attorney general, require said opinion to
be given in writing(^).
SEC. 6969. He shall, for the purpose of ascertaining the
amounts, safety and preservation of the school funds, have
access to the auditor's books and papers, with full power to
use and inspect the same.
SEC. 6970. At the expiration of his term of office he shall
deliver to his successor possession of his office, together
with all books, records, documents, papers and other articles
belonging or pertaining to his office.
SEC. 6971. He shall affix the seal of the department of
(a.) It is the sole duty of the superintendent of public instruction to render
decisions relating to the intent, construction or administration of any portion of
the school laws. The attorney general is the legal adviser of the superintendent
and not of school officers.
SCHOOL LAWS. 21
public instruction to all official communications from his
office.
SEC. 6972. Whenever a vacancy in the office of superin-
tendent of public instruction shall occur, from death, resig-
nation or otherwise, the governor shall appoint a person of
suitable attainments to serve the remainder of the unexpired
term. Provided, Such vacancy shall occur within nine
months from the next succeeding election ; otherwise, an
election shall be ordered, as in case of state officers.
SEC. 6973. Neither the state superintendent nor county
examiner shall act as agent for any author, publisher or
bookseller, nor directly or indirectly receive any gift, emol-
ument, reward or promise of reward for his influence in rec-
ommending or procuring the use of any book, school appa-
ratus or furniture of any kind whatever, in any public school ;
and any school officer who shall violate the provisions of
this section shall be deemed guilty of a misdemeanor, and
subject to removal from office. Act December 7, i8j$t sees.
*5-JO.
SEC. 6974. The state superintendent of public instruc-
tion shall have power to grant state certificates, which shall
be valid for life, unless revoked, to any person in the state
who shall pass a thorough examination in all those branches
required for granting county certificates; and, also, in alge-
bra and geometry, physics, rhetoric, mental philosophy, his-
tory, Latin, the constitutions of the United States and of the
state of Arkansas, natural history and theory and art of
teaching.
State license can not be granted without an examination. No provision is
made whereby a college diploma or the diploma of a normal school becomes the
equivalent for a state license. There is no legal method whereby a state license
may be secured save by an examination. These examinations are public and
conducted at the office of the state superintendent.
The law does not fix a minimum age nor require experience. But it was never
the intent of the legislature to put immature and inexperienced boys and girls in
charge of schools, much less give them a life license. In all other departments
22 SCHOOL LAWS.
of the law, minors are called infants, and made subject to disabilities and to the
control of parents and guardians. Maturity of mind and srtength of character
are requisites for the successful determination and management of the important
questions arising in school life. Applicants for state license must be of legal
age and have a successful experience of at least twenty months in the school
room. The oral and written methods are combined in the examination.
The oral is adapted to disclose —
1. Skill in expedients.
2. Aptness in illustration.
3. Manner of expression, etc.
The written is expected to show —
1. Habits of thinking.
2. Modes of reasoning.
3. Discipline of the mind.
4. Accuracy.
5. Acquaintance with principles.
6. Availability of knowledge.
7. Knowledge itself.
SEC, 6975. He shall prepare, for the benefit of the com-
mon schools of the state, a list of such text books on or-
thography, reading in English, mental and written arithmetic,
penmanship, English grammar, modern geography and his-
tory of the United States as are best adapted to the wants of
the learner, and as have been prepared with reference to the
most philosophical methods of teaching those branches, and
shall recommend the said text-books to teachers and to di-
rectors throughout the state.
The following are deduced from an opinion of the attorney general :
1. That the list is to be determined by the state superintendent.
2. That the directors in adopting books are limited to the list.
3. That books not upon the list cannot be required in any school of the state
supported by public funds.
SEC. 6976. He shall procure and adopt a seal for his
office, and furnish an impression and description of said seal
to the secretary of state, to be preserved in his office.
SEC. 6977. A copy of any paper or document deposited
or filed in the office of the superintendent of public instruc-
tion shall, when authenticated by the said seal, be evidence
equal, to all intents and purposes, with the original.
SCHOOL LAWS. 23
SEC. 6978. The said superintendent shall prepare appro-
priate forms for three several grades of certificates to be is-
sued to teachers by the county examiners. He shall pre-
pare suitable school registers, in which teachers, at the close
of the school term, are to make their reports to the trustees
of the name and age of each pupil, the date of each pupil's
entrance, the separate days on which each attended school,
the studies each pursued, the total attendance ; and shall
likewise prepare suitable forms for the reports of directors
and county examiners. Act December 7, /<?75, sees. 33-37.
This register must be kept by each public school teacher according to the forms
prescribed, before any charge can be made for services.
By a subsequent act the superintendent is required to furnish poll-books for
the school districts.
COUNTY NORMAL INSTITUTES.
Be it enacted by the General Assembly of the State of Arkansas:
SECTION i. That the state superintendent of public in-
struction is hereby Authorized and empowered to arrange
for the establishment of county normal institutes for the
white teachers of Arkansas, or for such white persons as
desire to become teachers in the public schools of this state,
being one for each county of the state, and such additional
ones for the colored teachers at such places as may be se-
lected by the superintendent.
SEC. 2. That said superintendent shall select a principal
for each normal institute, arrange a programme for its daily
work, and formulate such rules and regulations therefor as
shall best conduce to the interests of the institute and to
the faithful execution of this law. The course of study shall
comprise a thorough drill upon the principles of the common
school branches, history and constitution of Arkansas, and
such pedagogical instruction as shall fully develop the teach-
ers' professional, general, moral and social preparation for
work in the public schools ; special attention shall be given to
organization, arrangement of pupils, use of text-books, clas-
24 SCHOOL LAWS.
sification, programmes, use of school devices and apparatus,
discipline, punishment and the purposes of punishment, also
upon the different methods of presenting the different sub-
jects to be taught in the schools, having more direct refer-
ence to the rural than to the town schools.
SEC. 3. Each of said schools shall last for a consecutive
term of twenty days each, of each year, at such time and
place as may be agreed upon by the state superintendent
and county examiner. Other pupils of suitable age and
advancement may be admitted to these institutes at the dis-
cretion of the state superintendent and county examiner.
SEC. 4. For the purpose of carrying this law into effect,
the sum of ten thousand dollars per annum for the next two
years, is hereby appropriated out of any moneys in the
treasury not otherwise appropriated ; Provided, That an
itemized bill shall be presented by each instructor employed
in these institutes, together with a certificate from the su-
perintendent of public instruction, to the auditor of state,
who shall thereupon draw his warrant for th£ same ; Pro-
vided, further, That no part of this appropriation shall be
used for any purpose other than the payment of instructors.
SEC. 5. This law shall take effect from and after its
passage.
Approved April 20, 1895.
Though this law does not repeal the district normal law, there is no provision
made for carrying it into effect, and it js now a useless statute.
SCHOOL DISTRICTS.
Be it enacted by the General Assembly of the State of Arkansas:
SECTION I. The county courts of this state shall have
power to dissolve any school district now established, or
which may hereafter be established in its county and at-
tach the territory thereof in whole or in part to an adjoining
district or districts, whenever a majority of the electors re-
siding in such district shall petition the court so to do.
SEC. 2. When such dissolution is proposed, notice shall
SCHOOL LAWS. 25
be given by those proposing the same by posters in four
public places in the district. Said notices to be posted
thirty days before the meeting of the term of the court at
which such petition is proposed to be presented.
SEC. 3. Whenever, under this act, any district shall be
abolished, any indebtedness due by it, or funds on hand to
its credit shall be proportioned by the court among the dis-
tricts to which its territory has been attached, according to
the value of the territory each received, of which action of
dissolution and distribution of indebtedness or funds, as the
case may be, the clerk of the court shall give due notice to
directors of each district affected, showing the territory at-
tached to their district, and amount of indebtedness adjudged
against it, or funds credited to it, as the case may be.
SEC. 4. The directors of the district dissolved, upon re-
ceipt of notice of clerk, shall transmit, without delay, all of
the records of said district to the county examiner of the
county for preservation in his office.
SEC. 5. That section 6984 of Sandels & Hill's Digest be
and the same is hereby repealed.
SEC. 6. All laws in conflict ^herewith are hereby re-
pealed, and this act take effect and be in force from and
after its passage.
Approved April I, 1895.
SEC. 6985. When a change is proposed in any school dis-
trict notice shall be given by the parties proposing the
change, by putting up hand bills in four or more conspicu-
ous places in each district to be affected, one of said notices
to be placed on the public school building in each affected
district. All of said notices to be posted thirty days before
the convening of the court to which they propose to present
their petition ; said notices shall give a geographical descrip-
tion of the proposed change. Act April 8, 1891.
SEC. 6986. Each school district shall be a body corpor-
ate, by the name and style of "School District No. , of
26 SCHOOL LAWS.
the county of ; " and by such name may contract and
be contracted with, sue and be sued, in any of the courts of
this state having competent jurisdiction (d).
SEC. 6987. Every district shall hold in tire corporate
name of the district the title of lands and other property
which may be acquired by said district for school district
purposes. Act December 7, 1875, sec. 55.
SEC. 6988. No new school district shall be formed hav-
ing less than thirty-five persons of scholastic age residing
within the territory included in such new district, and no
district now formed, shall by the formation of a new district
or transfer be reduced to less than thirty-five persons of
scholastic age. Act April 8, 1887, sec. 2. See sec. 7062.
SEC. 6989. The county court shall have the right to form
new school districts or change the boundaries thereof, upon
a petition of a majority of all the electors residing upon the
territory of the districts to be divided (e).
SEC. 6990. Such territory shall have the requisite num-
ber of children or property to comply with the now existing
law in such case.
SEC. 6991. In the formation of new school districts that
part of territory taken off from the old district or districts,
shall be held liable for a proportionate part of the indebted-
(d.) School districts are not liable for trespasses committed by their officers.
School District No. II v. Williams, 38-454.
See School District v. Bodenhamer, 43-140 ; School District v. Reeve*
56-68.
Mandamus can only be used after judgment against a school district to force
the payment of debt.
School District v. Bodenhamer, 43-140.
School property is not subject to the tax, and suit therefore, for local improve-
ments of a public nature.
Board v. School District, 56-354.
(e.] This section contemplates. a petition by a majority of the electors of all the
districts combined, and not a majority of the electors of each district separately.
Hudspeth v. Wallis, 54-134.
SCHOOL LAWS. 2/
ness of the former district or districts at the time of the mak-
ing of said new district.
SEC. 6992. In case there be a surplus fund on hand at
the time of the formation of said district, it shall be entitled
to a proportionate part of said fund, the same to be ascer-
tained and determined by the county court of the county in
which said new district may be created, as in the judgment
of said court may be considered right and proper. Act
April8t 1887, sec. j.
APPORTIONMENT OF SCHOOL FUNDS.
SEC. 6993. The county court, immediately on receiving
notice of the distributive share of school revenue appor-
tioned by the state superintendent to each county, shall pro-
ceed to apportion to the several school districts of the coun-
ty, in proportion to the number of persons between the ages
of six and twenty-one years residing within the school dis-
tricts, respectively, on the first Monday of July previous,
the said school revenue apportioned to the county, and shall
forward to" the county treasurer, and to each of the directors
of each district, a statement of such apportionment, care-
fully distinguishing the sources from which the school reve-
nues so apportioned are derived, and the amount due each
school district in the county from each separate sou-rce, and
shall see that the revenues from the public school fund are
invariably paid to the county and to the school districts
strictly in accordance with the apportionment made to them
(/).
In the case of J. C. Merritt et a/., v. J. H. Merritt, County Judge, appealed
from Arkansas county, the supreme court, in May, 1891, held :
" It was the duty of appellant, as county judge, on receiving notice of the
amount apportioned to the county, to proceed to appropriate the same to the
several districts upon whose enumeration the superintendent made the appor-
(/.) Apportionment may be compelled by mandamus, and the parents of
children oj schlastic age are proper parties to petition therefor.
Mattox v. Neal, 45, 121
28 SCHOOL LAWS.
tionment. The duty was absolute, and in its performance the county judge had
no discretion. There is no reason why a district should be kept out of its funds,
for any length of time, on account of county lines, and it is the duty of the county
judge to prevent it. If he fails to do his duty, its performance should be coerced."
This case clearly establishes the following principles :
1. The county judge must apportion common school funds upon the enumer-
ation of the apportionment as made by the superintendent and upon no other.
He has no right to change the enumeration and apportionment. He simply ap-
propriates to each district the amount apportioned by the state superintendent.
2. This must be done without delay and despite changes in county lines.
3. Duties are absolute and contain no element of discretion. This principle
applies to every school officer and teacher.
In view of this decision and in the change of time for making the state appor-
tionments, I suggest that the county judge hold an adjourned term during the
fourth week in August for the appropriation to districts of the funds apportioned
on the first Monday in August.
The poll-tax has been distributed heretofore in two ways :
1. The amount of the per capita tax collected in each district of the county
has been apportioned to the district in proportion to their educable children.
2. The whole amount collected in the county has been apportioned to the
district in proportion to their educabl'e children.
The latter is the proper method. The per capita tax is for the common
schools of the county and should be apportioned upon the basis of educable
children therein and not upon a narrow basis.
The following, as to the rights of the district over the funds after apportion-
ment, are deduced from an opinion of the attorney general :
1. That the funds derived from the state, and from the^r capita tax, and
from the tax voted by the district at the annual school meeting, after they reach
the county treasury and are apportioned by the county court to the school dis-
trict, become the absolute property of such district for the purpose of maintain-
ing public schools therein, subject to disbursement on the warrant of the board
of directors of a separate school district.
2. That in other than separate school districts, the school directors may apply
such fends to no other purpose than those directed by a majority of the electors
of the district at their annual school meeting.
3. That in other than separate school districts, the electors may, at their an-
nual meeting, fix a site for a school house, or raise money for building or pur-
chasing a school house ; Provided, The directors have given notice that these
matters were to be submitted for consideration and action, as* required by section
69 of the school law of December 7, 1875.
4. That it is within the power of the board of directors of separate school
districts to apply any part of the fund belonging to such district, which has not
been otherwise appropriated to the purpose of building and purchasing a school
SCHOOL LAWS. 29
house irrespective of the source from which such fund came, but that such power
cannot be exercised by the directors of other school districts, unless they have
been authorized to do so by the electors of the district at an annual school
meeting. See —
School Act of December 7, 1875.
Lee v. Trustees of School District No. 36.
New Jersey Equity Reports, 581.
Mansfield's Digest, chapter 135.
SEC. 6994. Whenever a new district shall have been
formed and organized, the court shall, at the next apportion-
ment made thereafter, apportion to the new district, school
revenues in proportion to the number of persons between
the ages of six and twenty-one years reported by the direc-
tors of the new district ; Provided always, The number of
persons between the ages of six and twenty-one years re-
ported in any year by the district directors of each county
shall be taken as the quota of that county, and the number
reported from each school district shall be taken as the
quota of that district, and that the only basis on which an
apportionment of the school revenue shall be made is to be
the number of persons so reported each year by the district
directors. Act December 7, i8j$, sees. 4.0, 4.1.
SEC. 6995. The county examiners of the several coun-
ties shall, annually, between the tenth and twentieth days
o-f September, transmit, verified by affidavit, to the county
clerks of their respective counties a written report, showing
the number of persons between the ages of six and twenty-
one years residing in each school district in their respective
counties, as shown by the reports of the district directors
made for the same year to the county examiners, as is now
required by law.
SEC. 6996. The county clerks shall, during the first terms
of their respective county courts held after the reception
of the reports provided for in the preceding section, lay
such reports before such county courts, to be used as a
guide in making the apportionment of the general school
fund to the various school districts. Act March 23, 1891..
3O SCHOOL LAWS.
SEC. 6997. Any county which, by a change of county
lines, or by the formation of a new county or counties, shall
fail to receive the school funds which justly should be ap-
portioned to it, from the fact of its school population being
reckoned with that of the county or counties to which the
said funds may be apportioned, shall be reimbursed for the
loss thus incurred. Said loss shall be corrected in the first
apportionment of the school revenue thereafter. Provided,
If such correction be not made in the first apportionment
thereafter, it may be made in the second (g}.
SEC. 6998. The amounts refunded according to the
provisions of section 6997 shall be deducted from the funds
apportioned to the counties which were the original re-
cipients of the erroneously apportioned revenues.
SEC. 6999. Upon the presentation of the certificate of
the superintendent of public instruction of the amount or
amounts due any county, by the provisions of this act, to
the auditor, he shall draw his warrant on the state treasurer
for said amount or amounts in favor of the treasurer of said
county for the benefit of the school fund and in compliance
with section 6997. Act March 6, i8jj.
COUNTY EXAMINERS.
SEC. 7000. The county court of each county shall, at the
first term thereof after each general election, appoint in each
county, not divided into two judicial districts, one county
examiner, and in each county divided into two judicial dis-
tricts may appoint one county examiner for each district,
such examiner to be of high moral character and scholastic
attainments. Act December 7, 7^75, sec. 42, as amended by
sec. 7, act March 20, 1883, and act March 7, 1893.
The county examiner is one of the most important officers of the schools. He
is the sentinel placed by law on the ramparts of the system. If he is capable,
honest and zealous the school system will grow stronger in each county. The
(g.} See Merritt v. School District, 54-468.
Mandamus will lie to compel apportionment as herein provided. Id.
SCHOOL LAWS. 3!
law does not require mere moral character and mere scholastic attainment. It
demands :
1. High moral character.
2. High scholastic attainments.
No one should be appointed to this office under any circumstances who is ad-
dicted in the least degree to profanity, drunkenness, gambling, licentiousness or
any other demoralizing vice, or who does not believe in the existence of a Su-
preme Being. Teachers are not to be licensed if they have these vices, and what
is forbidden to the examinee is emphatically denied to the examiner. It is a safe
plan to require total abstinence in all these enumerated particulars.
As to scholastic ability the very best man in this respect should be obtained.
He who is to sit in judgment upon others should be a judge. An ignorant ex-
aminer is a disgrace to the judge who appointed him and a degradation to the
county.
1. The examiner must have the qualifications of an elector. He is an officer
of the state — being a part of the executive department of the state. A woman
may not be appointed to this position.
In Elmore v. Overton, 104 2nd., 548, the learned judge held :
" The office of county superintendent belongs to the executive department of
the state, and the statute does not confer upon the incumbent either judicial or
quasi judicial power in the matter of licensing persons to teach in the common
schools."
2. Every applicant for the position of examiner who is a teacher should pre-
sent as evidences of his scholastic qualification either a license from the state su-
perintendent or a first grade license from a competent examiner. There is no
one to examine him except the state superintendent, and he can not license him-
self. Unless licensed by the state superintendent there is no way by which this
officer may obtain a license to teach. No second or third grade teacher can
measure up to the requirements of the statute which requires " high scholastic at-
tainment."
3. Every applicant who is not a teacher should be required to show his qual-
ifications by either a diploma from a first-class school or a license from some
first-class examiner.
4. No appointments of any kind should be made as a political reward or from
denominational considerations. No one should be appointed who cannot give
his time to the work.
The act passed March;, 1893, amends the preceding section in several im-
portant particulars.
SEC. 7001. Any appointments heretofore made by the
county courts for the districts of such counties as are men-
tioned in the preceding section in which an examiner has
32 SCHOOL LAWS.
been appointed for each district are hereby declared to be
legal and valid appointments. Act March 20, 1883, sec. 2.
SEC. 7002. Before entering upon the duties of that office,
the county examiner shall take and subscribe the oath pre-
scribed for officers by the constitution of this state, and file
such oath in the office of the county clerk. Act March 7,
7*75, sec. 43.
SEC. 7003. All county examiners shall be required, be-
fore entering upon the duties of their offices, to stand the
same examination as is required of the teachers who receive
first grade licenses.
SEC. 7004. No one shall fill the offices of county exam-
iner and school director at the same time.
SEC. 7005. The clerk of the county court in each county
shall notify the superintendent of public instruction of the
appointment of the county examiner in his county immedi-
ately upon his appointment, together with his name and ad-
dress.
SEC. 7006. The superintendent of public instruction shall
either attend in person or appoint some one duly qualified
to examine such person appointed as county examiner, as to
his qualifications, using the same questions as are then being
used in the examination of teachers applying for first grade
license.
SEC. 7007. All county examiners shall be paid such
salary each year as may be fixed by the county judge of the
county for which he was appointed, out of the school fund
of such connty ; Provided, Such salary shall not be greater
than the amount received by the county treasurer from the
tax imposed in the following section.
SEC. 7008. No county examiner shall examine any one
applying to him for license as a teacher until he shall pre-
sent a receipt from the county treasurer for two dollars paid
by him to such treasurer to go to the credit of the county
school fund. Aet March 7, 1893, sees. 1-4.
SCHOOL LAWS. 33
1. Every examiner appointed after March 7, 1893, must hold a license granted
by the state superintendent of public instruction. These licenses are of two
kinds, the regular state license and the examiners' license. This last instrument
is based upon an examination equivalent to that upon which a first grade certifi-
cate is based, and is good for two years.
2. The office of examiner and school directors are made incompatible.
3. The examiner's fee must be paid to the county treasurer and not to the
examiner. He should refuse to accept the fee at any time other than on the regu-
lar examination days, the third Thursday and Friday in June, September, De-
cember and March. The irregular days and times adopted by examiners in de-
fiance of law and of the agreement of examiners is working great evil to the
system. Some examiners set their days for public examinations a short time
before the regular examination days and advertise it. Teachers from surround-
ing counties travel to the early examination, secure the questions and then take
the regular examination in their home counties. This is wrong. The examiner
has no light to change the dates of the examination. The duty is a public one
and there are mutual duties and responsibilities. Each examiner owes his
neighbor good faith and he is derelict when he subjects their honest labor to
violence. County treasurers should refuse to be parties to the wrong. If the
applicant comes at an irregular time, he should present a statement from the
examiner that the examination is a private one and that the applicant has a law-
ful excuse for non-attendance upon the pmblic examination.
3. The intention of the statute was to fix the salary of the examiner at an
amount equal to the amount paid in by the applicants for certificates, less the
treasurers' commissions. It was never intended to reduce the miserable pittance
already paid these officers beyond this commission.
4. This law does not repeal the law passed March 3, 1887, sec. 7025 of the
digest, and which authorizes the county court to make an allowance to the ex-
aminer for express charges, postage, etc. This amount is twenty-five dollars and
is an expense account, and no part of the salary. This amount, twenty-five dol-
lars, is exclusive of the ten dollars allowed by the same act for making a report
to the State Superintendent. By any fair construction the act authorized not
only an amount for postage, etc., but an additional amount for the report. The
first could not exceed twenty-five dollars, but was not connected with the latter
allowance.
Any fee greater than two dollars is illegal. This fee is the same for either
public or private examination and is to be paid for the examination and not for
the certificate. It should be paid before the examination begins to the county
treasurer and a receipt taken.
The examniation must be quarterly and public. The dates fixed for these
quarterly examinations are the third Thursday and Friday of March June, Sep-
tember and December. The written questions are furnished by the state super-
intendent and are uniform throughout the state. The regulations as to grading
S— 3
34 SCHOOL LAWS.
of certificates are furnished to each examiner with the questions. He is posi-
tively forbidden to grant certificates without examination, or upon a partial exam-
ination, or to any one who does not reach the standards adopted by the law.
The examination should be held at the school house and never in a court house.
The county court should arrange for the regular use of a room in the school
building.
The examiner must attend these examinations in person. He must examine
upon all the branches. He can only examine at the time and place appointed.
He must convince himself by evidence if the applicants are not known to him
that they are of good moral character. He must exclude every person who is
given to profanity, drunkenness, gambling, licentiousness or other demoralizing
vices. Such vices may be a refusal to obey the law as to institute work or regu-
lar examination work. A positive refusal upon the part of an applicant or one
holding a license to obey the school law should exclude him or take from him
his license. Obedience to law is the first mark of a true teacher, and no one
may claim privileges under it who refuses to obey it. He should ascertain by
direct question the belief of every person as to the Supreme Being. The words
" who is given to," mean either "habitual" or " habitual when opportunity af-
fords." It requires no nice distinction to avoid extremes at this juncture. If the
applicant is given to these things so as to raise a question of doubt in the mind
of the examiner, the applicant should be excluded. The doubt must be resolved
in favor of the schools and not in favor of the applicants. He must show a
positive moral character, one emphatically marked by the absence of these vices
and cannot rely upon the ordinary presumptions of innocence. » He musst show
himself clear or be excluded from the state's schools.
He must ascertain from the examination of each applicant under the regula-
tions of the superintendent of public instruction not only scholarship, but com-
petency to teach. And not only a bare competence, but a competence to teach
successfully. And if the examiner is not qualified to pass upon s question he
should resign his office. 'Every certificate granted to one who is unworthy, either
mentally or morally, to receive it, is not only violation of law, but is a direct
blow at the heart of our common schools. Such a certificate is an official license,
not to elevate and bins?, but to injure and degrade, and it may be to contaminate
and curse the school i and the community. Good schools can not be taught by
incompetent teachers ; the moral atmosphere of the schools can not be kept pure
by profane and irreverent teachers. A poor school may be a great deal worse
than no school, and the state desires good teachers or none. There is no provis-
ion made in the economy of the school system for the absolutely incompetent
teacher. Examiners should strike down smatterers and pretenders whenever
they present themselves, no matter what may be their position in society or stand-
ing among men. They should strive to show directors and patrons that these
poor teachers :
I. Plant habits of study which are hard to eradicate.
SCHOOL LAWS. 35
2. Inculcate carelessness and inattention, two fundamental educational sins.
3. Plant false ideas of facts and principles.
The examiner should carefully study the standard adopted by the state super-
intendent and conform thereto. This in conjunction with the one adopted by
the examiner should form an invariable ru?e of practice in the issuance of
certificates.
The state superintendent furnishes the written questions, but the examiner
should supplement these by oral questions.
The oral method discloses :
(a.) Methods of teaching.
(b.) Skill and expedients.
(c.) Aptness in illustration.
(d.) Rapidity of thought.
The written plan shows :
(a.) Habits of thinking.
(b ) Modes of reasoning.
(c.) Proofs of discipline.
(d.) Accuracy.
(e.) Acquaintance of principles.
(f.) Availability of knowledge.
The time to be given to each branch is suggested upon each examination
sheet.
RE-EXAMINATIONS. Every examiner is required to cite for re-examination any
person under contract to teach who does not sustain a good moral character, or
who has not sufficient learning or ability to make him a competent teacher. He
may ascertain the incompetency to teach by other means than re-examination.
He may visit the schools, he may hear the directors or he may hear the parties.
In all such cases, he must deal fairly, but if he is fully satisfied, he must revoke
the license.
The statute permits a revocation for other than " immoral character " and
"mental incompetency." The words of the statute are " for these and other
adequate causes." The other adequate causes are numerous :
(a.) Refusal to conform to the law of the regulations of the state superin-
tendent.
(b.) Refusal to conform to the regulations of directors or of the county
examiner.
(c.) Refusal to obey the law as to institutes or examinations.
In all cases of this kind the teacher should have due notice and a fair hearing.
SEC. 7009. It shall be the duty of such examiner to ex-
amine and license teachers of common schools. He shall
hold, qu?rterly, at the county seat of each county, in a suita-
ble room to be provided by the'county court, a public ex-
36 SCHOOL LAWS.
amination for that purpose, and shall, previous to holding
such examination, give at least twenty days' notice thereof
to the directors of each school district within the county,
whose duty it shall be to file the original notice in their
office, and post, without delay, copies of said notice in three
or more of the most conspicuous places within their district.
He shall conduct all examinations by written and oral ques-
tions and answers, but shall grant no certificates of qualifi-
cations except in accordance with the provisions of law
respecting teachers' certificates. Act December 7, /#75, sec.
4.4., as amended by act March 7, 1893, sec. j. See sec. 6956.
SEC. 7010. He shall at the time and places appointed
for holding public examinations, examine in orthography,
reading, penmanship, mental and written arithmetic, English
grammar, modern geography, history of the United States,
and in the theory and practice of teaching, and physiology
and hygiene.
SEC. 7011. All persons present and applying for an ex-
amination, with the intention of teaching, the examiner, if
convinced that such persons are of good moral character
and are competent to teach successfully the foregoing
branches, shall give such persons certificates, ranking in
grades to correspond with the relative qualifications of the
applicants, according to the standard adopted.
SEC. 7012. He shall not license any person to teach who
is given to profanity, drunkenness, gambling, licentiousness
or other demoralizing vices, or who does not believe in the
existence of a Supreme Being ; or shall he be required to
grant private examinations.
SEC. 7013. He may cite to re-examme any person hold-
ing a license and under contract to teach any free school
within his county, and on being satisfied by a re-examina-
tion, or by other means, that such person does not sustain
a good moral character, or that he has not sufficient learn-
ing and ability to render him a competent teacher, he may,
SCHOOL LAWS. 37
for these and other adequate causes, revoke the license of
such person.
SEC. 7014. In case of such revocation, he shall im-
mediately give notice thereof to such teacher and the direc-
tors, and thereby terminate the contract between the said
parties, but the wages of such teacher shall be paid for the
time he shall have actually taught prior to the day on which
he received notice of the revocation of his license (k). Act
April /^, 1893.
SEC. 7015. In addition to the branches now prescribed
by law to be taught in the common schools of the state, it is
made the duty of the county examiners of the several coun-
ties of this state to examine all persons applying for exami-
nation and license to teach in such schools as to their knowl-
edge and proficiency in the method of designating and read-
ing the survey of the lands of this state by ranges, townships
and sections, and parts of sections, as surveyed, platted and
designated by the government of the United States, and no
such applicant shall be authorized or licensed to teach in any
such school unless found upon such examination proficient
in the method of designating and reading land surveys, as
in this act provided.
SEC. 7016. It is made the duty and especially imposed
upon all persons teaching in the public schools, to teach and
impart the instructions here provided for, whenever practi-
cable to do so, and a wilful neglect or failure to discharge
the duties by this act imposed, shall be deemed sufficient
cause for the revocation of license to teach. Act February
16, 1893.
SEC. 7017. He shall issue three grades of certificates, to
be styled respectively, certificates of the first, and of the
second and of the third grades. Certificates of the first
(h.} The power given the examiner to revoke license under these sections is
not exclusive of the right of board of directors to terminate a contract for gross
immorality and incompetency. School District v. Maury, 53-471.
3 SCHOOL LAWS.
grade shall be valid in the county for which they were
issued, for two years. Those of the second grade shall be
valid in the county for which they were issued, for one
year. Those of the third grade shall be valid in the county,
six months. But he shall not renew any certificate or grant
a license without an examination of the applicant with
reference thereto.
No 'certificate can be granted or renewed without a re examination. The ex-
amination is a personal one. The special trust is reposed in the abilities, judg-
ment, skill and learning of the examiner, and as a consequence, the services
must be personal. It is a violation of law for an examiner to adopt as his own
an examination held by another ; it is also unlawful to grant a certificate or
renew a license without an examination, no matter what recommendations or
testimonials the applicant presents. Every certificate issued by the examiner
should show upon its face the degree of qualification possessed by the applicant
in e.ach of the branches named in the law. Blanks are issued by the state su-
perintendent in conformity to law, and these should be tollowed by each examin-
ing officer. Certificates issued in blank should be carefully avoided.
PRIVATE EXAMINATIONS.
The examiner is not required to grant a private examination. A private ex-
amination is one held at other than the regular quarterly dates. A private ex-
amination does not mean one less difficult or less comprehensive than the public
examination. Its character is exactly like the public examination in every par-
ticular, save that it is held at an irregular time. Every regulation and require-
ment which attaches to the stated public examination attaches to every private
examination, and it is an open violation of law to conduct them on any basis
other than this. Private examinations are not occasions tor the examiner to do
in a corner what he cannot do publicly. Examiners should never grant a private
examination unless under a pressing public necessity certified to by the board of
directors whose interests are affected.
SEC, 7018. He shall keep a record of the age, name,
sex, post-office address and nativity of each person licensed
by him to teach, and of the date and grade of his certifi-
cate, and shall include such record in his report to the state
superintendent.
This record has been furnished to each examiner of the state, but the report
to the superintendent has not been complied with.
SEC. 7019. He shall encourage the inhabitants to form
and organize school districts, to establish public schools
SCHOOL LAWS. 39
therein, under qualified teachers, to. furnish suitable text-
books for their children and to send them to school. He
shall direct the attention of teachers and school patrons to
those methods of instruction that will best promote mental
and moral culture, and to the most feasible and improved
plan for building and ventilating school houses. He shall
labor to create among the people an interest in public
schools, and shall take advantage of public occasions, such
as the dedication of school houses, public examinations and
institutes, to impress people with the importance of educat-
ing every child, and consequently of the duty of maintain-
ing a system of free schools established by law. He.shall
receive the reports of the directors, transmit an abstract of
the same to the state superintendent, and transmit there-
with a report of the condition and prospects of the schools
under his superintendence, together with such other infor-
mation and suggestions as he may deem proper to com-
municate.
The best place for the performance of the chief part of these duties is at the
county institute. No man who can not or will not do the things required by this
section- should accept the office of examiner.
The interests of education in each county would be largely advanced if ex-
aminers took advantage of all public occasions to do their duty. The whole
duty of an examiner is not to mark examination papers and draw the fees there-
for. Neither are these duties to be separated from the duties of examination
and classed as " requirements without compensation." The whole duties of the
office must be taken together and the total fees collected are to be considered as
full payment for the full performance of all duties. The negligence of examiners
to do any one of the public acts required by this section, or to properly abstract
the reports of the directors should work removal from office at once. In many
cases the blame for deficient examiners' reports is cast upon the directors when
the truth is that the examiners are too negligent or too lazy to do the work.
Political or religious considerations should not bias an examiner in granting
certificates. If he cannot be thoroughly impartial he is not the man for the
office.
The department of education looks with disfavor on private normals, held by
county examiners to coach teachers for quarterly examinations. He should be
absolutely disinterested in every particular, except as to merits and qualification.
4O SCHOOL LAWS.
SEC. 7020. He shall, annually, on or before the twen-
tieth of September, prepare in tabular form an abstract of the
reports made to him by the directors of the school districts
embraced within his county, showing the number of organized
districts in his county at the commencement of the year, on
the first day of July preceding, the districts that have made
their annual reports, the number of persons in each district
between the ages of six and twenty-one years, distinguish-
ing the sex and also the color of said persons ; the num-
ber of said persons that attended school during the year;
the average number of males and females of each color in
daily attendance ; and the number that pursued each of the
studies designated to be taught in the common schools ; the
number of teachers of each sex employed in his county ;
the average wages paid per month to the teachers of each
sex, according to the grade of their certificate ; the whole
amount paid as teachers' wages in his county ; the number
of pupils that studied in his county, and the several branches
taught; the number of school houses erected during the
year in his county, material and cost of the same ; the number
before erected, the material used in their construction, their
condition and value ; the grounds of how many inclosed ;
the amount of money raised by tax in each district, for
what purpose raised; the amounts that have been expended,
and for what purpose ; the amount of revenue received by
his county from the common school fund, and received for
the support of schools from each of all other sources; for
what purposes and in what sums the said revenues were ex-
pended, and what amounts unexpended were, at the close
of the school year, in the county treasury ; and shall report
also the number of deaf-mutes, blind and insane in each
school district in his county, under thirty years of age, their
names and their post-office.
SEC. 7021. He shall number the several school districts
in his county in regular order from number one upward, and
SCHOOL LAWS. 41
shall keep in his office a record and description of each dis-
trict, with the boundaries clearly defined, and also a record
of such changes or alterations in the boundaries of each as
shall from time to time be made.
SEC. 7022. He shall have power to appoint some suita-
ble person to hold teachers' institutes and examine teachers
in his county in case of his inability to attend such institutes
and examinations. Act December 7, 1875, sees. 45-52.
SEC. 7023. If any county examiner shall be found in-
competent, or shall be frequently neglectful of his duty,
upon satisfactory proof, the county judge shall remove him
from office and shall immediately appoint his successor.
Act Match ii, 1881, sec. 7.
SEC. 7024. If any county examiner shall neglect, fail or
refuse to perform any of the duties required of him in sec-
tion 7020, and shall not forward the abstract mentioned in
said section to the superintendent of public instruction on or
before the twentieth day of September of each year, he
shall forfeit to the county the sum of twenty-five dollars, to
be recovered as in this act provided, together with all cost,
and be paid into the county treasury. Act of March //,
1881, sec. n.
SEC. 7025. Each county examiner shall make out and
present to the county court of his county, at its first term
after the thirtieth of June in each year, an account for ex-
penditures for postage, county district records, or a school
district map of the districts of his county, and of freight
or express charges for the transmission of blanks or such
other expenditures as he may have actually and unavoida-
bly incurred, and the county court may allow the same in any
sum not exceeding twenty-five dollars in any one year, in-
cluding ten dollars for his report to the superintendent of
public instruction.
SEC. 7026. When the county court shall have allowed
the account of the county examiner as provided in the pre-
42 SCHOOL LAWS.
ceding section, the county clerk shall issue a warrant upon
the treasurer for said claim, and upon presentation of
said warrant to the county treasurer, he shall pay the
same out of the common school funds in his hands belong-
ing to the county and not yet apportioned to the several
school districts. Act March 2, i88j, sees. 2, j.
DECISIONS.
It has been held that a county superintendent is not entitled to an injunction
to restrain one from teaching on the ground that he is teaching without a certifi-
cate of qualifications.
Perkins v. Wolf et al., 1 7 Iowa, 228.
When a statute vests a discretionary power in a county superintendent in
granting licenses to teach, the judgment of the court will not be substituted for
that of the officer, and mandamus will not lie to compel him to issue a license,
but where he wholly fails to act on an application he may be compelled by man-
damus to take action thereon.
JSailey v. £war(, Northwestern Reporter vol. 2, JV. S. vol. 2, page
1009.
High's Extraordinary Legal Remedies, sees. 24, 34, 43.
Love v. Moore, 45 ///., 12.
ANNUAL SCHOOL MEETING.
SEC. 7027. The electors of each organized school dis-
trict in this state shall annually, on the third Saturday in
May, at 2 o'clock p. m., hold a public meeting, to be desig-
nated " The annual school meeting of the district." Act
December 7, i8j$, sec. 54., as amended by act March //, 1881.
SEC. 7028. All persons qualified to vote for county and
state officers at the general election shall be deemed quali-
fied electors of the school district in which they reside, and
shall have the privilege of voting at all school meetings. *
SEC. 7029. The electors of every school district shall,
when lawfully assembled in annual district school meeting,
with not less than five electors present, have the power, by a
majority of the votes cast at such meeting : First, to choose
*This section (7028) declares who are electors in a school meeting. Since a
poll-tax receipt is necessary before voting for county and state officers, it will be
necessary before voting in a school election.
SCHOOL LAWS. 43
a chairman ; second, to adjourn from time to time; third, to
appoint, when necessary, in the absence of the directors of
the district, a clerk pro tern.; fourth, to elect a director for
the district for the next three school years, who can read
and write ; fifth, to designate a site for a school house ;
sixth, to determine the length of time during which a school
shall be taught more than three months in a year; seventh,
to determine what amount of money shall be raised by tax
on the taxable property of the district, sufficient, with the
public school revenues apportioned to the district, to defray
the expenses of a school for three months, or for any greater
length of time they may decide to have a school taught
during the year; Provided, No tax for purposes aforesaid
greater than one-half of one per cent, on the assessed value
of the taxable property of the district shall be levied ; And
provided, further. They may, if sufficient revenue cannot be
raised to sustain a school for three months in any one year,
determine by ballot that no school shall be taught during
such year, in which case the revenue belonging to such dis-
trict shall remain in the treasury to the credit of such school
district; eighth, to repeal or modify their proceedings from
time to time (/).
The powers of the electors as enumerated herein when legally exercised are
final, and absolutely determine the matters named in the enumeration. Rut
should the electors presume to act upon other matters not herein enumerated their
action would be advisory and not mandatory. For instance ; should the electors
vote upon the teacher to be employed, or the time when the school should begin,
or the wages to be paid the teacher, their action would not preclude the directors
from acting differently. All such matters are given into the hands of the direct-
ors, and while the electors may advise they may not direct upon any matter not
enumerated in the law.
The enumerated powers of the electors are :
I. To choose a chairman. Failure to choose a chairman does not invalidate
the election by ballot held by judges and clerks under the law.
(«'.) Directors have no power to build a school house with funds of the district
unless authorized to do so at the annual school meeting, and a contract made for
such purpose under authority conferred by a special meeting held in June, is
void. Fluty v. School District, 49-94.
44 SCHOOL LAWS.
2. To adjourn from time to time. If there is any business that cannot be at-
tended to at the annual school meeting an adjourned meeting or meetings should
be provided for at the annual meeting. Otherwise it must wait the next regular
annual meeting.
3. To appoint a clerk.
4. To elect a director for the district for the next three school years who can
read and write. Electors have no more right to elect a director who cannot
read and write than they have to elect a director who lives in another state or
who is not an elector; and such an election confers no right to hold the office.
Section 7°4° authorizes the electors to elect a director to fill vacancies, and this
should be done at the same time that the director is chosen who is to serve three
years. To distinguish between the director who is to serve three years and the
one who is to fill the vacancy the tickets in such cases should indicate in addition
to the men's names the length of term for which the director is to serve. The
words "regular term," " two years,'' and " one year," are a sufficient marking.
The elector has the right not only to vote for any eligible person for director, but
in cases where vacancies are to be filled 'to vote for the man and the place he is
to fill or the :ime he is to serve.. Votes cast for the same person but for different
times must be counted separately.
5. To designate a site for a school house. This action may be taken at the
annual meeting, or at an adjourned meeting of the annual meeting. No special
meeting may be called to do this or any other act enumerated in the section ex-
cept the election of a director to fill a vacancy. Before the site may be lawfully
designated at such annual meeting the notice required by section 7053 must have
been given.
6. To determine the length of time during which a school shall be taught
more than three months in a year. This has given rise to some confusion of
thought and action. Electors seem to think that unless they have voted affirm-
atively for an extended term that three months is the limit of the school term.
This is not the case. The object for which taxes are levied is to maintain schools.
This is affirmed in both constitution and law. Now, if the money apportioned
to the district from the state and from the per capita tax is sufficient to maintain
a school for more than three months it is the duty of the directors, without any
affirmative action on the part of the electors, to maintain the school. The whole
object of the statute was to prevent directors from incurring debt, and to permit
the electors to provide money by local tax for an extended term, provided such
tax were needed. And if the electors, without specifically voting for an extended
term, vote such a local tax upon themselves as will maintain an extended term, it
is tantamount to saying they voted to extend the school. It cannot be argued
that men will levy a tax upon themselves to remain idle in the treasury. Direct-
ors may lawfully maintain a school to the limit of the funds on hand or that will
be on hand by operation of law during the year. They cannot go beyond this.
Directors are required to maintain a school for three months at least, and if the
SCHOOL LAWS. 45
funds are not sufficient to defray all expenses of such school a lesser term may not
be contracted for unless the electors have either failed to vote by ballot that no
school shall be taught that year, or have voted down the proposition of no school.
In such cases the only alternative for the directors is to maintain the school for
the longest time consistent with the means on hand. Where directors have
money sufficient to maintain a three months' school any shorter term is unlawful.
No term of school of three months should be divided. It should go on continu-
ously to the end.
7. To determine what amjunt of money shall be raised by taxation to defray
the expenses of a school for three months or for any greater length of time. If
this amount is not determined by the viva voce vote of the electors in the annual
meeting, but a local tax is levied nevertheless by ballot at the election following
the mass meeting, the local tax must be taken as the determination of this ques-
tion, and the directors are thereby authorized to maintain the school for three
months or for such longer term as the tax levied will justify. If the tax levied
is specifically devoted to building, repairs, or any other object, it may not be ap-
propriated to the payment of teachers' salaries.
8. To repeal and modify their proceedings. The annual meeting, or mass
meeting, of the electors should be attended by all the electors. The account of
the directors should be investigated by committee or by the whole body ; ques-
tions affecting the interest of the district should be discussed calmly and dispas-
sionately; the good of the school should govern every citizen who attends the
meeting. After the mass meeting the -election should begin by ballot and pro-
ceed regularly under the law. Good sense, good order and patriotism should
characterize every mass meeting of citizens.
Besides these powers, the electors are authorized by section 7042, to direct the
sale or exchange of the site or school house ; and by section 7065, to direct the
use of the school house with reference to private schools ; and by section 7050
to direct the proceedings in all actions and suits at law brought for or against the
district, if they elect to do so.
DECISIONS.
Where a meeting of a school district is held for a special purpose, all that is
necessary in the form of the notice is that it should be so expressed as that the
inhabitants of the district may fairly understand the purpose for which they are
convened.
School District v. Blakeslee, 13 Conn., 227.
Weeks v. Batchelder, 41 Vt., 317.
Moore v. Beattie, 33 Vt., 219.
Bart left v. Kinsley, 15 Conn., 227.
Reasonable time for opening meeting after convening.
School District v. Blakeslec, 13 Conn., 227.
Money for school purposes may be voted at an adjourned meeting in New
Jersey.
46 SCHOOL LAWS.
State v. Lewis, 35 N. J. L., .377.
Where it appears that a site for a school house has been chosen, it will not be
invalidated because the clerk has made irregularittes or omissions in describing
the site selected.
Merritt v. Farris, 22 ///., 303.
Record of the school meeting, how attacked and the presumptions of law flow-
ing from it.
School District v. Blakeslee, 13 Conn., 227.
Bartlett v. Kinsley, 15 Conn., 327.
School District v. Atherton, 12 Met. (Mass.), 105.
As to posting of notices.
Fletcher v. Lincolnville, 20 Me., 439
SEC. 7030. Tne annual district election shall be held by
the school directors as judges, who shall have power to ap-
point two clerks; and if any of the directors should not at-
tend, the assembled voters may choose judges in the place
of those not attending, and the judges and clerks shall take,
the oath prescribed by the general election law.
SEC. 7031. The ballot of the voter shall, in addition to
the names of the persons voted for as directors, have written
or printed on it the words " for tax," or " against tax," and
also the amount of tax the voter desires levied.
SEC. 7032. When the polls are closed (/) the judges
shall proceed to count the votes, ascertain the result and
make return thereof to the county court, showing the num-
ber of votes cast for each person voted for for school direc-
tor, also the number cast for and against tax, and the num-
ber of votes cast for each amount or rate of tax voted for (k) ;
such return, together with the ballots, shall be sealed up and
delivered by one of the judges to the county clerk, at least
(/.) As to time for opening and closing the polls, see Holland v. Davies,
36-446.
(k.} Unless the judges make return of the election or vote to the county court,
it can not levy the tax. Hodgkin v. Fry, 33-716. The omission of the judges
to state in their return the number of votes cast for and against the proposed tax
will not defeat a levy adopted by the meeting. Holland v. Davies, 36-446 ;
Staley v. Leomans, 53-428. As to other irregularities, see Holland v. Daviest
supra, and Rogers v. Kerr, 42-100.
SCHOOL LAWS. 47
ten days before the meeting of the county court for levying
taxes.
SEC. 7033. The county court, at its said meeting for
levying taxes, shall open the return and ascertain whether a
majority of the votes cast be for tax ; and if a tax has been
voted, then the court shall determine the amount of taxes
voted by taking the largest amount or rate of taxation voted
for by a majorit)' of the voters, which shall be levied and
collected by the district so voting; and if no rate shall have
received such majority, then all the votes cast for the highest
rate shall be counted for the next highest, and so on, till
some rate voted shall receive a majority of all the votes
cast. Act December 7, 1875, sees. 55 and 56, as amended by
act April 10, 1893, sec. 4..
SEC. 7034. All taxes voted for school purposes by any
sciiool district shall be levied by the county court at the
same time the county taxes are levied, and shall be collected
in the same manner as the county taxes are collected, at
the same time and by the same person, and be paid into the
county treasury, there to be kept subject to disbursement on
the warrant of the school directors ; Provided, No tax for
the purposes aforesaid greater than one-half of one per
cent, on the assessed value of the taxable property of the
district shall be levied, which shall be done by ballot (/).
Act December 7, /#75, sec. 4.1.
SCHOOL DIRECTORS.
SEC. 7035. At the annual school meeting, held on the
third Saturday in May, there shall be elected, by the legal
voters in each school •district, a director, who shall hold his
office for the term of three years, and until his successor
(/.) The county court has no power to levy a school tax independent of action
on the part of the electors of each school district for which the tax is levied ; it
can only cause to be placed on the tax-books and collected such rates as are re-
ported from the districts. An excessive levy vitiates the whole tax. Worthen v.
Badgett, 32-496. See Ry. v. Parks, Ib., 131 ; Rogers v. Kerr, 42-100.
48 SCHOOL LAWS.
shall have been elected and h^ve qualified. Provided, At the
first annual school meeting of the district after the passage
of this act, three school directors shall be elected, to hold
office one, two and three years, respectively ; Provided,
further. When a new school district shall have been formed
under the provisions of this act, three directors shall be im-
mediately elected by the electors of the new district, and
shall hold their office for one, two and three years, respec-
tively, and until their successors are elected and qualified as
herein provided for. Act December 7, /£/5, sec. 57, as
amended by act March n, 1881, sec. 2, and act January 30,
1889.
SEC. 7036. The judges of any school election of this state
for school directors shall within five days after said election
gi/e to the said elected director a certificate of his election,
who shall within ten days thereafter take the oath of office
prescribed for directors, and file the same, together with his
certificate of election, with the county clerk of his county,
and enter at once upon the duties of his office (m). Act
January 30, i8$g.
SEC. 7037. An old director shall, upon application of an
incoming director, administer to him the oath of office.
Act March //, 1881, sec. 5.
SEC. 7038. Any person who shall have been elected or
appointed a director, and shall neglect or refuse to qualify
and serve as such, shall forfeit to his district the sum of ten
dollar?, which may be recovered by action against him at the
instance of any elector in the district, and which, when col-
lected, shall be paid into the county treasury by the officer
before whom the action was maintained, and added, by the
treasurer, to the school fund revenues appropriated to the
district.
(/•«.) For decision under this section before amended to read as now, see
Schwl District v. Bennett, 52-511. It is not sufficient to take the oath orally.
School District v. Bennett, 52-428.
SCHOOL LAWS. 49
SEC. 7039. Any director who shall neglect or fail to per-
form any duties of his office shall forfeit to his district the
sum of twenty-five dollars, to be recovered as directed in the
preceding section, and to add in like manner to the school
fund revenues apportioned to his district.
This section gives a penalty for a violation of any duty enjoined upon the di-
rectors, and may be recovered at the instance of any elector.
SEC. 7040. If the office of any director in a district be-
comes vacant, the electors of said district shall, in a district
meeting assembled, within fifteen days after the occurrence
of such vacancy, elect a director to serve the remainder of
the unexpired term ; but if ttye district in which such va-
cancy occurs neglects or fail to elect a director to fill such
vacancy, then the county court shall appoint from the elec-
tors of said district a director to serve the remainder of the
term.
From section 7036 it is plain that the last day upon which the newly-elected
director may take the oath of office may be fifteen days from the third Saturday
in May. In case no director is elected the vacancy named in this section,
would begin on the fifteenth day after the third Saturday in May, and the elec-
tors will have the right within fifteen days, or within thirty days after the annual
meeting to elect a director for a vacancy caused by a failure to elect at the
proper time. For a vacancy caused by death, resignation or otherwise, the elec-
tors have fifteen days from the date of such death, resignation or other occur-
rence which caused the vacancy to fill the same.
SEC. 7041. The said board sh'all make provisions for es-
tablishing separate schools for white and colored children
and youths (;/), and shall adopt such other measures as they
may judge expedient for carrying the free school system
into effectual and uniform operation throughout the state,
(«.) It is the duly of directors to provide equal school facilities for blacks and
whites. Maddox v. Neal,<\$-\2\. The 'board of directors cannot claim to ap-
portion the schoof funds and limit the school terms to each class according to its
scholastic population. Ib.
S— 4
5O SCHOOL LAWS.
and providing, as nearly as possible, for the education of
every youth (o}.
The duty of establishing separate schools for both races is mandatory. If
there are eleven or more black children, or eleven or more white children, they
must have a school. Ten black children or a less number, or ten white children
or less should be transferred to an adjoining district under the provisions of
the act approved April 3, 1891. See sec. 7062.
In the case of Maddox et al. v. Neal et a!., Ark. Rep., 121, the supreme
court of this state says : "A wide range of discretion is vested in these boards
by the statute in the matter of the government and details of conducting of the
common schools, but in the nature of things, there is a limit to this discretion.
Some positive and imperative duties are imposed upon them about which they have
no discretion. The first and most important duty of the board is to make pro-
visions for establishing schools. When the funds are provided, and the directors
are not otherwise instructed by the school meeting of the district, the
duty to provide a school for at least three months is mandatory, and the
duty to establish separate schools for the whites and blacks is also incum-
bent on them. All the provisions of the law in relation to schools, in con-
formity to the constitutional mandate, are general, and the system, as
far as the statute can make it, is uniform. No duty is imposed upon
or discretion given to the directors about schools for one race that is
not applicable to the other. It is the clear intention of the constitution
and statutes alike to place the means of education within the reach of every
youth. Education at the public expense has become a legal right extended by
the hws to all the people alike. No discrimination on account of nationality,
caste or other distinction has been attempted by the law-making powers. The
boards of directors are only the agents, the trustees appointed to carry out the
system provided for. Their powers are no greater than the authority conferred
by legislation. They can do nothing they are not expressly authorized to do, or
which does not grow out of their expressed powers. * * * The opportunity
of instruction in public schools, given by the statute to all the youths of the state,
is in obedience, as we have seen, to special command of the constitution, and it
is obvious that a board of directors can have no discretionary power to single
out part of the children by the arbitrary standard of color, and deprive them of
the benefits of the school privilege. To hold otherwise would be to set the dis-
cretion of the directors above all law."
SEC. 7042. The directors shall have charge of the school
affairs and of the school educational interests of their dis-
(0.) In the discharge of their duties, in this section prescribed, the board has
discretion, but when it fails to perform its duties mandamus will lie to compel
it to do so. Maddox v. Neal, 45-121.
SCHOOL LAWS. 51
trict, and shall have the care and custody of the school
houses and grounds, the books, records, papers and other
property belonging to the district, and shall carefully pre-
serve the same, preventing waste and damage ; and shall
purchase or lease, in the corporate name of the district, such
school-house site as may be designated by a majority of the
legal voters at the district meeting; shall hire, purchase or
build a school house with funds provided by the district for
that purpose ; and may sell or exchange such site or school
house, when so directed by a majority of the electors of any
legal meeting of the district (p)
In general, school property is to be used for the purposes of education. It ap-
pears that the legislature has not inhibited the directors from permitting the school
house to be used temporarily and occasionally for other purposes. In Indiana
it has been held that a school house may be used for township purposes.
Trustees v. Osborne, 9 Ind., 458
The school house may be used for all lawful school district meetings of the
electors or directors.
In Iowa it has been held that the electors may direct the use of school houses
for religious purposes. So in Ohio and Vermont.
Chapin v. Hill, 24 Vt., 528.
Weir v. Day, Supreme Cotirt of Ohio, 1879.
Central, Law Journal, Vol. 9, 398.
Davis v. Boget, 50 la., 194.
It has been held that the words, "to direct the sale or other disposition to be
made of any school house," conferred the power on the electors to vote upon the
question as to whether the school house should be used for religious purposes.
Townshend v. Heagan et a/., 35 Iowa, 194.
Section 7042 by implication vests the power of directing the sale or exchange
of the site or the school house in the electors alone. It is doubtful whether
this authority may be so expanded as to authorize them to direct the temporary
occasional use of the house. This authority appears to be vested by our statutes
in the discretion of the directors alone.
In Illinois it has been held that the temporary use of a school house is not
(/>.) Two members of the boards may bind the district at a contract, made at
a meeting at which the third was present or had notice; but no contract can be
made except at a meeting of which all had notice. School District v. Bennett,
52-5ii.
See Widner v. State, 49-172.
52 SCHOOL LAWS.
forbidden by the constitution of that state. Nor is it forbidden by the constitu-
tion of Arkansas.
In Nichols v. School Directors, Superior Court of Illinois, November 10^
1879, it was held that an incidental use of a school house for religious purposes
not interfering with school purposes, is not in any reasonable sense inconsistent
with the faithful application of the property to school purposes. Religion and
religious worship are not so placed under the ban of the constitution that they
may not be allowed to become the recipient of any incidental benefit from the
authorities of the state.
In Connecticut, however, it was held that a single tax-payer might prevent
the use of the school property for religious purposes by simply objecting thereto^
and that he was entitled to an injunction to inforce his right.
Schofield v. Eighth School Dist., 27 Conn., 499.
The legislature of Connecticut afterwards enacted a law placing the right to
direct the use of school property in a two-thirds vote of the electors
. Section 7065 authorizes the directors to permit the use of the school house by
a private school unless otherwise directed by a majority of the legal
voters of the district. This enlargement of the power of the electors,
as set out in section 7029 and in 7042, as to directing the sale or exchange of
the site or school house, must be considered in construing these sections; and
the exercise of the enlarged power must be controlled by the provisions of sec-
tion 7029, that is, the electors may act upon these questions at the annual meet-
ing or an adjournment thereof.
It is evident that the respective powers and rights of directors and electors
are not clear. The general principle is that the whole matter is left to the sound
discretion of the directors, subject to a controlling direction on the part of the
electors as to a private school.
SEC. 7043. They shall hire for and in the name
of the district, such teachers as have been licensed
according to law, and shall make with such teachers a
written contract, specifying the time for which the teacher
is to be employed, the wages to be paid per month and any
other agreement entered into by the contracting parties, and
shall furnish the teachers with a duplicate of such contract,
and keep the original ; and they shall employ no person to
teach in any common school of their district unless such
person shall hold, at the time of commencing his school, a
certificate and license to teach, granted by the county ex-
aminer or state superintendent.
SCHOOL LAWS. 53
The right to select a teacher, fix his salary, and the time for the opening of
the school are matters which belong exclusively to the directors. The electors
have no right to direct upon any question connected with the teaching of the
school, save the single one of extending the term of the school.
Directors cannot make a legal contract with a teacher who has no licenses.
This negatives the right to contract with a principal teacher who is licensed for
an amount of money to be paid him, out of which he is to pay the salaries o
unlicensed assistants.
Every teacher, whether as principal or assistant, must be selected by the
board of directors ; every such person must have a license from the county ex-
aminer or state superintendent, and every such person must have a written con-
tract. County treasurers are warranted to demand the contract of every
teacher or assistant who presents a warrant for the payment of wages from the
public school funds. If the warrant shows that its holder is principal, and that
the amount specified on its face is for the payment of the wages of assistants, or
if it is proven to the treasurer that such is the case, he should refuse to pay the
same as a violation of sections 7051 and of 7043. The treasurer may also re-
fuse to pay the warrant of any teacher who has not been licensed. See section
7052. The words, "properly drawn" in this section refer back to the inhibi-
tions of section 7043, and forward to the positive inhibition of section 7071,
and the treasurer should exercise the greatest caution in the matter of paying
these doubtful warrants.
The acts of school directors are corporate acts. To bind the district it is
necessary for them to act at a regular meeting, or a called meeting, of which,
notice was given to each director. At such meetings the act of a majority of
the board is the act of the whole board.
CONTRACTS.
A board of i-chool directors empowered by statute without any limitation to
employ a superintendent of schools may make a contract for a superintendent for
a term beginning after some members of the board go out of office.
Gates v. School Distsict of Fort Smith, 53 Ark., 468.
Davis v. School District, 81 Mich., 214.
This decision applies to all teachers employed in the schools as well as to the
superintendent.
The following opinion of the attorney general contains the law upon this
point :
The office of school director is a very important one — more important than is
generally considered by the people. The best men in the district should be se-
lected for this responsible position. The progress and development of our
various resources depends, in a great measure, upon the efficiency of school di-
rectors. Although 'the lowest of elective officers, yet it is equal to the highest in
its influence in advancing the prosperity of the state.
School directors have charge of the educational interests of their respective
54 . SCHOOL LAWS.
districts; have the care and custody of school houses, grounds, books, records,
papers, etc.; they shall purchase or lease school-house site designated by the
legal voters; they shall hire, purchase or build a school house with funds pro-
vided for that purpose ; they shall hire and contract with teachers; they shall
adopt a series of text-books to be used in the district school; they shall furnish
teachers with a register; they shall visit the schools and submit to the district an
an estimate of the expenses of said district; draw warrants on the treasurer;
make the enumeration and enrollment report between the 1st and loth of Sep-
tember, and make settlements with the county treasurer, etc.
For the purpose of carrying out the above-mtntioned duties with wisdom and
discretion, each district has three school directors. These directors constitute
an educational board, and should meet and transact all business of the district
as a board. The first business of a school board, composed of continuing and
newly elected members, is to organize by electing a president and secretary.
Directors are possessed of specially defined powers, and should exercise no
others, and cannot do so legally. In the transaction of all business pertaining
to the district, all members of the board must meet together, or hive notice to
meet. The action of a majority of the school board will not bind the district
when one of the directors had no notice of the meeting and did not participate
in it. (4 Nebr., 254.) The district has a right to the wisdom, experience and
judgment of each director, and a majority of the directors cannot legally bind
the district unless each member of the board has had due and timely notice of
said meeting. A contract by two of the members of the board, when all have
had notice, is legal and binding on the district. When a board is by statute
made a body corporate, individual members acting separately, although a ma-
jority, cannot contract a debt or draw a warrant for its payment.
22 Ohio, 144; 27 Kan., 129.
This additional opinion contains another principle.
SIR — In answer to your inquiries I have the honor to say that, in my opinion,
section 7043 applies as well to special, or single school districts, as to ordinary
common school district?.
I am also of the opinion that it applies to the superintendent of schools in
such special districts, provided he is to act as a teacher, otherwise not.
I am also of opinion that said section is mandatory upon the directors, but I
do not believe, or mean to be understood as saying, that a verbal contract made
with a qualified teacher would be void because not in writing.
The contracts made by a board of directors are good though it should turn
out that the directors are disqualified to hold office. They are de facto officers.
SEC. 7044. The term " month," wherever it occurs in any
section of this act, shall be construed to mean twenty days,
or four weeks of five days each. Act December 7,
sees 58-62.
SCHOOL LAWS. 55
SEC. 7045. The directors of school districts, other than
special school districts, may expend annually, out of the
common school fund, not more than twenty-five dollars dur-
ing any one year for any school under their control for maps,
charts, globes, dictionaries and other apparatus necessary
to the progress of the school ; Provided, Said maps, charts,
globes, dictionaries and other apparatus meets the approval
of the state superintendent, in price and merit. Act Febru-
ary 16, 1893.
SEC. 7046. The directors of each school district in this
state shall adopt and caused to be used in the public schools,
in their respective districts, one series of text-books in each
branch or science taught in the public schools of their re-
spective districts, and no change in these books shall be
made for a period of three years, unless it be by a petition
of a majority of the voters of the district desiring the^
Act March n, 1881, sec. 2.
See section 6975 and comments and opinion therein set out.
The penalty for failure to perform the duties imposed by this
not less than ten nor more than fifty dollars. See sec. 7070.
SEC. 7047. They shall procure from the county exam-
iner, and furnish the teacher at the commencement of the
term, a register for his school, and require the said teacher
to report, in said register, at the close of the school term,
the number of days of the said term, the name and age of
each pupil, the date on which each entered the school, the
separate days on which each attended, the whole number of
days each attended, the studies each pursued, the total num-
ber of days all pupils attended, the average daily attendance
and the number of visits received from the directors during
the said term. Act December 7, /c?75, sec. 63.
The keeping of this register according to all its requirements, perfected and
complete, is compulsory upon the teacher, and he can not draw his last month's
wages until this duty is performed. See sec. 7076.
SEC. 7048. They shall visit the schools at least once each
56 SCHOOL LAWS.
term, and encourage the pupils in their studies, and give
such advice to the teacher as may be for the benefit of
teacher and pupils.
SEC. 7049. They shall submit to the district, at the an-
nual meeting, an estimate of the expenses of the district for
that year, including the expenses of a school for the term
of three months for the next year, after deducting the prob-
able amount of school moneys to be apportioned to the dis-
trict for that school year, and shall also submit an esti-
mate of the expenses per month of continuing the school
beyond the term of three months, and of whatever else may
be necessary for the comfort and advancement of the said
school.
The following is the blank prescribed to meet the requirements of this sec-
tion :
SCHOOL LAWS.
DIRECTORS' ESTIMATE OF DISTRICT EXPENSES.
57
Electors of School District No , County of State of
Arkansas :
We respectively submit the following as our estimate of the expeuses of the
public schools in this district for the term of three months during the present
scholastic year, beginning the first of last July, and of the expenses per month
of continuing the schools longer than three months :
AMOUNT NECESSARY.
For teachers' salaries
For purchase or lease of sites
For purchase, erection or hire of houses
For repairs of houses and grounds
For fuel and incidental expenses
For furniture, apparatus, light, etc
For other purposes
Total
Amount we will probably receive from the state apportionment...
Remainder to be raised by a district tax
Expense for continuing the schools longer than three
months, at dollars per month
Total amount to be raised by district tax
The electors are respectively asked to vote a tax of mills to meet the
expenses of the above estimate.
1
^Directors.
I
It will be seen that there are several items of expense. Should the directors
fill each blank, thus recommending a tax for each item of expense, and should
the electors vote the rate of tax suggested, or any other rate, without expressly
negativing an item recommended, tbeu the tax voted must beheld to be voted in
strict compliance with the estimate; and the estimate should be returned with the
poll books to the county clerk so that the county judge in making his levy may
levy to suit the vote and the estimate which is the basis of the vote. The tax
levied and the items of the estimate should be certified by the clerk to the treas-
urer. The treasurer should distribute the tax when collected to the various pur-
58 SCHOOL LAWS.
poses named in the estimate, opening an account with each special item, the only
index to the purpose for which the tax was levied. Should the tax collected be
more or less than the amount of the estimate, then each item of the estimate
must be increased or decreased in proportion. It must never be forgotten that
the estimate submitted by the directors is a necessary part of the election, and is
the only source from which the intention of the electors as to the purpose of the
tax is to be gathered, except the ballots. If the ballots declare " for five mills,"
with no accompanying words, then the court in levying the tax is relegated to the
estimate for the purpose of the tax; and if the estimate distributes the expense
by items, then the necessary and only inference is that the tax was voted for the
express purpose of meeting the estimate. If the ballots declare ' for tax " and the
estimate is not itemized, but massed under the general words <k for common
school purposes1' or "for general purposes " or any other language which inti-
mates generality of purpose, or should the ballots themselves declare this gener-
ality, then the necessary and only legal inference is that the tax was to be levied
for general purposes, and should be so levied by the court. And in every case
where the vote is so generalized the directors are empowered to distribute the tax
so levied and collected for any and every necessary school purpose except build-
ing a house. No house can be built under the general authority " for general
purposes," although any other necessary expense may be met that way. The
treasurer is always authorized to pay the warrants of a board of directors for any
purpose save building where the levy of the court or the vote of the electors was
" for general purposes " or other general language.
But if the estimate submitted to the electors is limited by the words " for
teachers' salaries," and the ballots are simply " for tax," then the levy is special,
and the tax when collected must be distributed "for teachers' salaries alone." It
is better for every interest of the district that the ballots declare- " for general
school purposes." This will vest a discretion in the directors, and will enable
them to meet the demands of the school at any time. These comments have
force only as they concern the " local tax." The funds received from the state
apportionment and from the per capita tax are not under the control of the elect-
ors, save that where they are not sufficient to maintain a three months' school
the electors may direct them to remain in the treasury.
Such funds, with the exception named are under the control of the directors
alone, and must be used to- maintain free schools. In doing this the directors
may use them for paying the salaries of teachers and all necessary expenses inci-
dent thereto. It is difficult to draw the line between necessary and unnecessary
expenses, and where there are grave doubts as to this the directors should not
incur the expense. Several supreme courts have decided that *' maps, globes,
charts and other illustrative appliances," are not necessary, and directors are re-
lieved from deciding this question. The legislature wisely permits them to buy
these things from an approved list to the amount of twenty-five dollars each year.
But " repair of house " when imperative and which cannot be delayed to the
SCHOOL LAWS. 59
annual meeting of the electors, fuel, stoves, blackboards, buckets, dippers, cray-
ons and erasers, are necessary incidents to the life of a school and are proper
charges upon the state and Per capita apportionment. Seats are necessary, of
course, but as they are a part of the building itself they must be furnished by a
like process ; a special tax must be levied. The words 5' for building purposes "
will authorize the directors not only to build but to furnish with seats. The only
trouble that can arise is where there is an entire absence of seats and a positive
refusal on the part of the electors to provide a tax for their purchase. In that
case no school can be supported. The law expressly empowers the directors
"to hire, purchase or build a school house, with funds provided by the district for
that purpose," and no other funds can be used. It follows then that the local
tax is absolutely necessary before a house may be rented, built, purchased or
furnished. The words " for general purposes" in the voting of a local tax will
authorize the use of the tax for hiring or furnishing*; but to purchase or build
there must be a vote for this specific purpose.
SEC. 7050. They shall, in all suits and actions at law
brought by or against their district, appear for and in behalf
of said district. Provided, They shall have no other direc-
tions or instructions by a lawful meeting of the electors of
their district.
SEC. 7051. They shall draw orders on the treasurer of
the county for the payment of wages due teachers, or for
any lawful purpose, and they shall state in every such order
the services or consideration for which the order is drawn,
and the name of the person rendering such service ; but they
shall not draw any order on the county treasurer for the
payment of the wages of any teacher not licensed (q}.
SEC. 7052 When the warrant of any board of directors,
properly drawn, is presented to the treasurer of the proper
county, he shall pay the same out of any funds in his hands
for that purpose belonging to the district specified in said
warrant (r). See sec. 704.3.
SEC. 7053. The directors shall give notice of each annual
(q.) School warrants may be issued by two directors. Grain v. State, 45-450.
(r.) Statutes of limitation run against school warrants. School District v .
Cramer, 52-454; School District v. Reeve, 56-68.
Effect of warrants drawn in lieu of destroyed or lost warrants, see School Dis-
trict v. Cramer, 52-454.
6O SCHOOL LAWS.
meeting, by posting notices thereof, at least fifteen days
previous to such meeting, in three or more conspicuous
places within the district (s) ; but it shall not be lawful for a
district, at any annual meeting, to fix a site for a school-
house, or to raise money for building or purchasing a school-
house, unless the directors shall have particularly set forth
in the previous notice given of such meeting that these
matters were to be submitted for their consideration and
action (t).
SEC. 7054. One of the directors shall act as clerk at all
district meetings, shall keep a record of the proceedings
thereof in a book provided for that purpose, or, if absent,
shall transcribe into said book the minutes kept by the
clerk pro tempore, and signed by the chairman, as so much
of the authenticated records of the district ; and he shall
enter on the said book copies of all his reports to the county
clerk and the county examiner.
SEC. 7055. He shall keep, in a book provided for that
purpose, the accounts of the district, by debits and credits,
including the accounts with the county treasurer, and shall
present the same to each annual meeting, showing the cur-
rent expenses for the year, for school-houses, out-buildings,
fences with which to inclose a school-house site, for stoves,
wood, maps, charts, blackboards, a dictionary, and other
necessaries for a school, and stating the numberof days the di-
rectors have been necessarily employed in the performance
of their duties as directors ; the date of each order drawn by
them on the county treasurer, and for what services or con-
(s.) It is the duty of the directors to designate the place of the annual meeting,
and notice of the time and place is essential to the validity of a tax voted at such
meeting. But the statute designates the time, and all are bound to take notice
of it. If notice of the place be given, the meeting will be legal, though the time
be not specified in the notice. Hodgkin v. Fry, 33-716. A notice given by two
of the directors is sufficient. Holland v. Davies, 36-446 ; Davies v. Holland,
(/.) See Fluty v. School District, 49-94.
SCHOOL LAWS. 6 1
sideration, for what amounts and in whose favor, exhibiting
vouchers therefor ; a statement of the indebtedness of the
district, and also of the surplus moneys, if any, in the county
treasury belonging to the district at the commencement of
the year ; the amount of taxes levied on the district for
school purposes within the year; the different purposes for
which said taxes were levied, and the amount levied for
each purpose. If, on examination, the report be found cor-
rect, the chairman of the meeting shall approve the same,
and order that it be filed with the records of the district.
SEC. 7056. The directors shall, within ten days after any
school meeting, report to the clerk of the county so much
of the proceedings of said meeting as pertains to the election
of officers ; and they shall, on or before the first day of
October in each year, furnish to the clerk so much of the
copy of their record, attested by the chairman of the meet-
ing, as shows the amount of money voted to be raised by
the district, for school purposes, at the annual meeting.
SEC. 7057. They shall, annually, between the first and
tenth days of September, transmit, verified by their affidavit,
to the county examiner, a written report, in proper form, of
the name of their county; of the number of their district ;
the names and ages of all persons, between the ages of six
and twenty-one years, residing in their district on the first
day of September ; the number of males and females respec-
tively, of each color, that attended the common schools dur-
ing the last school year ; the average number of each sex
' that attended daily ; the number that pursued each of the
studies designated to be taught in the common schools of
this state ; the number of times the school was visited each
term by the directors ; the number of days the school was
taught during the year by a licensed teacher ; the name of
/each teacher; the grade of his certificate; the wages paid
each teacher per month, and the whole amount of wages
paid teachers during the year. They shall include in their
62 SCHOOL LAWS.
report the amount of taxes voted by the district during the
last school year, for what purpose voted, and the amount
voted for each purpose ; the amount drawn from the county
treasurer for each purpose for which money was raised by
district tax the previous year ; the amount of revenues re-
ceived from the common school fund, and the amount re-
ceived from each of the various other sources from which
school revenues are derived ; the amount of each kind of
revenue remaining in the county treasury and subject to the
order of the district; the number of school houses erected
during the year, and the cost and material of each ; the num-
ber, the material, the condition and the value of those before
erected, and the value of all other property belonging to
the district ; the condition of the school-house grounds, and
whether the said grounds are enclosed; also, name, age and
post-office of deaf, dumb, blind and insane in each district,
including all who are blind or deaf, or to such an extent as
not to be educated in common schools; and they shall
record the said report in the proper place in the district book
in which the current record of the proceedings of the district
is kept.
SEC. 7058. If the directors of any district fail or neglect
to make a report of the enumeration, statistics and finances
of their district at the time and in the manner prescribed in
the preceding section, the said directors, in addition to their
forfeiture for neglect of duty, shall severally be liable for any
damages, including the costs of the suit, that the district
may sustain by reason of losing the school revenues that
would otherwise have been apportioned to them.
SEC. 7059. They shall, at the close of the school year, set-
tle with the county treasurer, and ascertain what moneys, if
any, to which their district may be entitled, and the amounts,
severally, thereof that are in the county treasury and sub-
ject to be drawn by their district. Ib , sees. ^-75.
SEC. 7060. The directors of any school district may, at
SCHOOL LAWS. 63
the instance of the teacher, suspend from the school any
pupil for gross immorality, refractory conduct or insubor-
dination, or for infectious disease. Provided, Such suspension
shall not extend beyond the current term.
Directors should remember that the right to attend school grows out of bona
fide residence and not from an enumeration in a district or the payment of taxes.
When a man moves into a district with the intention of making it his permanent
residence, he acquires the right to send to the public schools at once. The
directors are to decide from all the circumstances, whether the residence is per-
manent or temporary. If temporary no free school privileges obtain.
It will be seen that the power to suspend is lodged with the directors. The
teacher has no authority to perform this act of discipline upon his own motion.
He must report the infraction of discipline to the board of directors, who are
alone authorized to act.
DECISIONS.
The general school committee of a town has power to exclude therefrom a
child of immoral or licentious character though such character be not manifested
by any acts in the school room. The learned judge reasoned as follows : " It
seems to be admitted, if not, it could hardly be questioned,, that for misconduct in
school, for disobedience to its reasonable regulations, a pupil may be excluded.
Why so ? There is no express provision in the law (as it then was) authorizing
such exclusion ; it results by necessary implication, from the provision of law re-
quiring good discipline. It proves that the right to attend school is not abso-
lute, but one to be enjoyed by all on reasonable conditions."
Trustees v. People, 87 Illinois, 303.
Ruleson v. Post, 79 ///., 567.
Morrow v. Wood, 36 Wis., 59.
Sherman v. Charleston, 8 Cush., 160.
Peck v. Smith, 41 Conn., 442.
It is undoubtedly true ihat trustees or committees have the power, and it is
their duty to dismiss or exclude a pupil from their school when, in their judg-
ment, it is necessary for the good order and proper government of the school so
to do.
Stephenson v. Hall, 14 Barb., 222.
They may do so to prevent a pupil from bringing contagion into a school.
Spear v. Cummins, 23 Pick., 225.
The school authorities have a right to exclude from their grounds or buildings
anyone who enters therein to disturb the peace or interfere with the legitimate
exercises of the school.
Hughes v. Goodell, 3 Pitttb., L. /., 264.
Whatsoever has a direct and immediate tendency to injure the school in its
important interests, or to subvert the authority of those in charge of it, is prop-
64 SCHOOL LAWS.
er!y a subject for regulation and discipline, and this is so w.herever the acts may
be committed.
Burdich v. Babcock, 31 Iowa, 562.
There is a limit to the powers of the school directors, and that limit is the
needfulness or reasonableness of the rule. Thus, where a rule forbade the attend-
ance of pupils upon social parties, and where a pupil was expelled for a violation
thereof, it was held that the board had power to make all needful rules for the
government of pupils while at school, but no power to follow them home and
govern their conduct while under the parental eye ; and that in prescribing the
rule it had gone beyond its power.
Drift v. Snodgrass, 66 Mo., 286.
• But in the same state it was held that a rule forbidding pupils from fighting
and using profane language on the way to and from school was good, and that
punishment could be inflicted for a violation thereof.
Deskins v. Gose, 85 Mo., 585.
Teachers should remember that the rule makers are the directors.
State v. Barton, 45 Wis., 150.
Morrow v. Wood, 35 Wis., 50.
Wherever, however, it is absolutely necessary for the teacher to act in order
to preserve the school from anarchy, or to maintain order and discipline, he is
justified in so doing without waiting for an order of the directors. Wherever
the exercise of this right is not called for by present necessity, it should be de-
ferred for action by the board.
State ex rel, etc. v. Barton, 45 Wis., 150.
Neither the teacher with a legal certificate and lawfully employed, nor the
board of school directors, are liable in damages for tort by reason of having ex-
pelled a child from school, so long as they act in good faith. If they err in
good faith in the discharge of their duties they are not liable.
Donahue v. Richards, 38 Me., 376.
Sewell v. Board of Education, 29 Ohio St., 89.
Spear v. Gumming s, 23 Pick., 22.
Boydv. Blaisdel, 15 Ind., 73.
Stephenson v. Hall, 14 Barb., 222.
But where the child is entitled to go to school and the expulsion is wrongful,
see contra.
Roe v. Deming, 21 Ohio St., 666.
To make either liable there must be malice.
Dritt v. Snodgrass, 66 Mo., 286.
Commonwealth v. Seed, 5 Pa., L. J. R., 78.
Nor is the teacher liable on an implied contract to teach. There is no im-
plied contract in the public schools between teacher and pupil. The only con-
tract is with the board of directors to whom he is accountable for his acts, unless
he is stirred by malicious motives and renders himself amenable to law.
SCHOOL LAWS. 6$
Steckey v. Churchman, 2 Bradiv. (///.), 584.
In Michigan it has been held that before expulsion or suspension may be ad-
judged against pupils who in any way deface or injure the school building, out-
houses, furniture, maps or anything else belonging to the school, that such injury
or defacement must be shown to be wilful and malicious. A careless act will
not sustain the rule, even though the pupil be too poor to make satisfaction.
Holman v. School Trustees of Avon, Supreme Court Reports, 1889.
Directors, in the absence of promulgated rules, may suspend or expel, when-
ever upon due examination they become satisfied that the interests of the school
demand such expulsion, any pupil who transgresses unwritten but well-defined
rules of conduct prescribed by common sense and decency.
State v. Hamilton, 42 Mo. App., 24.
See also,
Holman v. Trustees, 77 Mich., 605.
AS TO RULES GENERALLY.
Sections 7041, 7042 and 7060 place the rule-making power with the directors.
The power ordinarily given and its txtent has been well expressed by the learned
judge in Rtilison z/. Post, 79 ///., 567. He said :
" In the performance of their duty in carrying the law into effect, the directors
may prescribe certain rules and regulations for the government of the schools in
their district, and enforce them. They may, no doubt, classify the scholars, reg-
ulate their studies and their deportment, the hours to be taught, besides the per-
formance of other duties necessary to promote the success and secure the well-
being of such schools. But all such rules and regulations must be reasonable,
and calculated to promote the objects of the law — the conferring of such an ed-
ucation upon all, free of charge. The law having conferred upon each child of
proper age the right to be taught the enumerated branches, any rule or regula-
tion which by its enforcement would tend to hinder or deprive the child of this
right can not be sustained. All rules must be adapted to the promotion and ac-
complishment of this great and paramount object of the law."
Now, what are reasonable rules?
In Thompson v. Beaver^ 63 ///., 353, the following conclusion was reached :
"What are reasonable rules is a question of law, and we do not hesitate to
declare that a rule that would bar the doors of the school house against little
children who had come from so great a distance (one and one-half miles) in the
cold winter, for no other reason than that they were a few minutes tardy, is un-
reasonable and therefore unlawful. In its practical operation it amounts to little
less than wanton cruelty."
Among the rules established by the board in a certain district was this:
" All pupils will be required to bring written excuses from their parents to
teachers for absence, and such excuses must be satisfactory and reasonable, oth-
erwise they will not be granted."
The court commented upon the rule as follows:
S— 5
66 SCHOOL LAWS.
" The rule in question is not a hard or harsh one. It does not of itself indicate
any sinister or malevolent purpose, or wicked force, on the part of the directors.
It does not trench upon .the rights or dignity of any one. We instantly and
properly repel any encroachment upon our rights as citizens. We have a proper
pride and ambition in maintaining these rights under any and all circumstances.
But I am utterly unable to understand how this simple rule or regulation, requir-
ing the pupil in certain cases to bring a written excuse from its parents to the
teacher, is an attack upon, or an abridgment of, our inalienable rights as citizens
of this free country."
Churchill v. Fewkes, 13 ///. App. (13 Brad.}, 520.
The directors may make and enforce a rule forbidding the use of tobacco or
whisky in any form, or the carrying of any deadly weapon, in any 'school room
or in any part of the school building.
ENFORCEMENT OF RULES BY CORPORAL PUNISHMENT.
The following summary of cases will give an idea of what has been held with
reference to corporal punishment in schools by courts of last resort in other
states. ,
'• The right of the parent to keep the child in order and obedience is secured
by the common law. He may lawfully correct his child, being under age, in a
reasonable manner, for this is for the benefit of his education. He may dele-
gate, also, a part of his parental authority, during his life, to the tutor or school-
master of his child, who is then in loco par entis, and has such portion of the power
of the parent committed to his charge — viz.: that of restraint and correction — as
may be necessary to answer the purpose for which he is employed,
i Black., Com., 453, 454.
I ffalis P. C., 473, 474.
" The rights of parents (over their children) result from their duties. As they
are bound to maintain and educate their children, the law has given them the
right to such authority ; and, in support of that authority, a right to the exercise
of such discipline as may be requisite for, the discharge of their sacred trust.
' The power allowed by law to the parent over the person of the child may be del-
egated to a tutor or instructor, the better to accomplish the purposes of educa-
tion.' "
Kent's Com., 169, 170.
Although the town school is instituted by the authority of the statute, the chil-
dren are to be considered as put in charge of the instructor for the same purpose,
and be clothed with the same power as when he is directly employed by the pa-
rents. The power of the parent to restrain and coerce obedience in children can
not be doubted, and it has seldom or never been denied. The power delegated
to the master by the parent must be accompanied for the time being with the
same right, as incidental, or the object sought must fail of accomplishment.
"The practice, which has generally prevailed in our town schools since the set-
tlement of the country, has been in accordance with the law thus expressed, and
SCHOOL LAWS. 6/
resort has been had to personal chastisement when a milder means of restraint
had been unavailing."
Stevens v. Fassett, 27 Me., 266.
. " The law having elevated the teacher to the place of the parent, if he is still
to sustain that sacred relation, it become him to be careful in the exercise of his
authority, and not make his power a pretext for cruelty and oppression."
14 Johns. R., 119.
" Whenever he undertakes to exercise it, the cause must be sufficient, the in-
strument suitable to the purpose ; the manner and extent of the correction, the
part of the person to which it is applied, the temper in which it is afflicted ; all
should be distinguished with the kindness, prudence and propriety which be-
comes the station."
Cooper v. Mcjunkin, 4 /«</., 291.
The law, as we deem it to exist, is this : A schoolmaster has the right to in-
flict reasonable corporal punishment. He must exercise reasonable judgment
and discretion in determining when to punish, and to what extent. In determin-
ing upon what is a reasonable punishment various considerations must be re-
garded— the nature of the offense, the apparent motive and disposition of the
offender, the influence of his example and conduct upon others, and the sex, age,
size and strength of the pupil to be punished. Among reasonable persons much
difference prevails as to the circumstances which will justify the infliction of pun-
ishment, and the extent to which it may properly be administered. On account
of this difference of opinion, and the difficulty which exists in determining what
is a reasonable punishment, and the advantage which the master has by being on
the spot to know all the circumstances — the manner, looks, tone, gestures and
language of the offender (which are not always easily described), and thus to
form a correct opinion as to the necessity and extent of the punishment, consid-
erable allowance should be made to the teacher byway of protecting him in the
exercise of his discretion. Especially should he have this indulgence when he
appears to have acted from good motives and not from anger or malice. Hence,
the teacher is not to be held liable on the ground of excess of punishment unless
the punishment is clearly excessive, and would be so held in the general judgment
of reasonable men. If the punishment be thus clearly excessive, then the master
should be held liable for such excess, though he acted from good motives in in-
flicting the punishment, and in his own judgment considered it necessary and
not excessive. But if there is any reasonable doubt whether the punishment was
excessive, the master should have the benefit of the doubt."
Lander v. Slaver, 32 F/., 1 14.
In State v. Mizner, 59 la., the supreme court approved the following instruc-
tions :
" In the absence of all proof, the law presumes that a father or school teacher
punishes a child of the father or the pupil of the teacher for a reasouable cause
68 SCHOOL LAWS.
and in a moderate and reasonable manner. But this presumption, like all other
legal presumptions, may be rebutted by the proof.
"The legal objects and purposes of punishment in schools are like the objects
and purposes of the state in punishing the citizens. They are threefold. First,
the reformation and the highest good of the pupil ; second, the enforcement and
maintenance of correct discipline in school; and third, as an example to like
evil-doers. And in no case can the punishment be justifiable unless it is in-
flicted for some definite offense or offenses which the pupil has committed, and
the pupil is given to understand what he or she is being punished for. And if
you find from the evidence that the punishment in this case was inflicted upon
the prosecutrix without her knowing what she was being punished for. then the
punishment was wrong on the part of the defendant. Punishment inflicted when
the reason of it is unknown to the punished, is subversive and not promotive of
the true objects of punishment, and can not be justified."
It was also held that any punishment with a rod which left marks or welts on
the person of the pupil for two months afterward, or much less time, was im-
moderate and excessive, and that the court would have been jusrified in so in-
structing the jury. In this case the pupil was punished by the teacher because,
acting under the direction of her father, she did not study algebra or attend
school at the hours fixed. The court held that such a violation of rules should
be punished by suspension or expulsion and not by whipping.
" We hold, therefore, that it may be laid down as a general rule, that teachers
exceed the limits of their authority when they cause lasting mischief; but act
within the limits of it when they inflict temporary pain.
" Within the sphere of this authority the master is the judge when correction
is required, and of the degree of correction necefsary ; and, like all others in-
trusted with a discretion, he can not be made personally responsible for error of
judgment, but only for wickedness of purpose.
" But the master may be punishable when he does not transcend the powers
granted, if he grossly abuse them. If he use his authority as a cover for malice,
and under pretense of administering correction gratify his own bad passions, the
mask of the judge shall be taken off, and he will stand amenable to justice as
an individual not invested with judicial power."
State v. Pendergrass, 2 Dev. & Bat., 365.
" If, inflicting punishment upon his pupil, he went beyond the limit of mod-
erate castigation, and, either in the mode or degree of correction, was guilty of
any unreasonable and disproportionate violence or force he was clearly liable
for such excess in a criminal prosecutioia."
i Hawk., c. 60, sec, 23.
Kussell an Crimes, 'jth Amer. Ed., 755.
Bac. Ab. Assault and Battery, C. J.
" It is undoubtedly true, that, in order to support an indictment for an assault
and battery, it is necessary to show that it was committed ex intentione, and
SCHOOL LAWS. 69
that if the criminal intent is wanting the offense is not made out. But this intent
is always inferred from the unlawful act. The unreasonable and excessive use of
force on the person of another being proved, the wrongful intent is a necessary
and legitimate conclusion in all cases where the act was designedly committed'
It then becomes an assault and battery, because purposely inflicted without
justification or excuse. Whether, under all the facts, the punishment of the pu-
pil is excessive, must be left to the jury."
Commonwealth v. Randall, 4 Gray, 36.
" In inflicting such punishment the teacher must exercise sound discretion and
judgmentrand must adapt it not only to the offense but to the offender. Horace
Mann, a high authority in the matter of schools, says of corporal punishment :
* It should be reserved for baser faults. It is a coarse remedy, and should be
employed upon the coarse sins of our animal nature, and, when employed at all,
should be administered in strong doses.' Of course the teacher, in inflicting
such punishment, must not exceed the bounds of moderation. No precise rule
can be laid down as to what shall be considered excessive or unreasonable pun-
ishment."
Reeve's Dom. Rel, 288.
" Each case must depend upon its own circumstances. And we think it equally
clear that he should also take into consideration the mental and moral qualities
of the pupil, and, as indicative of these, his general behavior in school and his
attitude towards his teacher becomes proper subjects of consideration.
'• We think, therefore, that the court acted properly in admitting evidence of
the prior and habitual misconduct of the plaintiff, and that it was perfectly proper
for the defendant, in chastising him, to consider not merely the immediate offense
which had called for the punishment, but the past offenses that aggravated the
present one, and showed the plaintiff to have been habitually refractory and dis-
obedient. Nor was it necessary that the teacher should, at the time of inflicting
the punishment, remind the pupil of his past and accumulating offenses. The
pupil knew them well enough without having them freshly brought to his notice."
Shelion v. Sturgess, 53 Conn., 481.
If a pupil who is of age attends school, she submits herself to all the rules of
the school and to like discipline with those pupils who are under age.
State v. Mizner, 45 /a., 248.
The same rule holds if the pupil is over twenty-one years of age and attends
the school by consent of the directors.
Stevens v. Fassett, 27 Me., 266.
In Peckv. Smith, 41 Conn., 442, the judge held that a member of a school
board may eject a pupil from the school house for insulting conduct towards him:
" The defendant, being at the school house performing certain duties connected
with the school, called the attention of the plaintiff to certain acts, not specially
culpable in character, which he acknowledged he had committed. His bearing
and manner were insolent and offensive, and the language in which he indulged
70 SCHOOL LAWS.
was grossly profane. Such language, reprehensible at all times, should not have
been allowed to pass with impunity from a school boy of the older class, within
the walls of a school house, in the presence and hearing of younger pupils.
After being told to leave he so conducted himself that it was proper to remove
him, no unnecessary force being used to attain that object.
" It may be proper to observe, however, that public sentiment does not now
tolerate such corporal punishment of pupils as was formerly thought permissible
and even necessary."
i Coolers Blackstone, 453.
Rules which should control the teacher in inflicting punishment. The opinions
of the highest judicial tribunals and eminent jurists concur in respect to the pro-
priety and necessity of granting school teachers authority to inflict corporal pun-
ishment in certain cases, and of protection to them in the prudeut and reasona-
ble exercise of such authority either to promote the welfare of the child or the
welfa-re of the whole school. Teachers are, however, held to a just accountability
for the abuse of the power conferred. The decisions cited relate to punishments
with the rod, ferule, etc., but the rule of discretion and accountability is the same
for all other forms of punishment. Without doubt the best teachers do, as a general
rule, use the rod least, because they have a more perfect personal discipline, and
command a wider range of mental and moral resources from which to draw in deal-
ing with the wayward and erring ; and because they have, by nature, the faculty
of dealing easily and successfully with youth. It may be that if we all were wise
enough, some other remedy might be found in every case; I cannot say. But it
is quite certain that, so far as we can judge of cause and effect, cases arise at
one time or another in the experience of most teachers, when the timely and ju-
dicious infliction of corporal punishment seems, both at the time and afterwards,
the wisest and best thing that could be done. Certain it is, also that castigation
with the rod is often less cruel than sharp words, tones of irony, sarcasm or in-
vective, and less humiliating and harmful than some of the substitutes therefor.
Illinois School Laws and Decisions.
SEC. 7061. They may permit older persons to attend
the school under such regulations as they may deem proper.
Ib., part sec. 76.
SEC. 7062. The county court shall have power, upon the
petition of any person residing in any particular school dis-
trict, to transfer the children or wards of such person, for
educational purposes, to an adjoining district in the same
county, or to an adjoining district in an adjoining county ;
Provided, Said petitioner shall state under oath that the
transfer is for school purposes alone. Provided, further,
SCHOOL LAWS. /I
Where a number of colored children or wards, not exceed-
ing ten, reside in a particular school district, the county
court shall have power, upon the petition of any person, to
transfer said colored children or wards of such person to an
adjoining district in the same county, or an adjoining district
in an adjoining county ; and, also, where a number of white
children or wards, not exceeding ten, reside in a particular
school district, the county court shall have power, upon the
petition of any person, to transfer said white children or
wards of such person to an adjoining district in the same
county, or an adjoining district in an adjoining county; and
said transfers under the last named proviso shall not destroy
the legality of such school districts, although the number of
children be reduced to a number less than thirty-five persons
of scholastic age ; and said petitioner shall at once notify
the county examiner of the county or counties and the di-
rectors of both districts. Act April 3, 1891. See sec. 6988.
It must be remembered that the right is a personal one and reaches no further
than the children or wards of the person asking it. It does not transfer the ten-
ants of the person nor any on'e living upon his estate. Tenants are not serfs and
may not be transferred nolens nolens upon the petition of the landlord.
The transfer can only be made to adjoining districts. The practice of trans-
ferring to distant districts not adjoining is pernicious and unlawful.
SEC. 7063. The directors of the district to which such
children have been transferred, at the time of the enumera-
tion shall include such children in the district to which they
have been transferred, and they shall not be enumerated in
the district where they reside. The district school tax of
such person shall be added to the school revenues of the
pistrict to which he has been transferred, and shall not be
included in the school revenues of the district where he re-
sides.
A transfer into a new district places the children and all the taxes for school
purposes of thn party transferred in the district to which said party transfers.
The party thus transferred can vote and hold office in said district, provided said
party is not transferred out of his own township. See following section.
72 SCHOOL LAWS.
SEC. 7064. Any person who transfers his child, children
or wards and property to any district for educational pur-
poses, shall have the same right to vote in said district for
directors and tax as other electors have of the district to
which he is so transferred. Where such person is transferred
to a district out of his county, the county treasurer of the
county wherein he resides, shall open an account with the
district to which he is transferred, and his school taxes
shall be credited to the same and paid on the warrants of
the directors of the district to which he is transferred.
Provided, Any person transferring his property and children
to an adjoining school district, for educational purposes,
shall not have the right to vote for directors or tax out of
his county, and to vote only in the political township in
which he resides. ' Dec. 7, 1875, sec. j6% as amended by act
March 30, 1883, sec. i.
SEC. 7065. The directors may permit a private school
to be taught in the district school house during such time
as the said house is not occupied by a public school, unless
they be otherwise directed by a majority of the legal voters
of the district. Act December 7, /#75, sec. 77.
SEC. 7066. The directors shall cause the public schools
in their districts to be closed on the days appointed for
public examination of teachers in their county, and also
cause the said school to be closed during the session of the
teachers institute ; Provided, Said schools shall not be closed
for a greater length of time than five days during any one
session of not more than five months. Act March 27, 1885.
By Act XXVII, approved March 5, 1895, so much of this section as relates
to public examinations is repealed. Teachers are not now required to attend
examinations unless they desire to obtain license to teach. No examination
and institute can be held at the same time. Teachers are required to attend an
institute of one week each year and cannot be charged for loss of time while
attending. See sec. 7073.
SEC. 7067. Directors and county examiners shall be ex-
SCHOOL LAWS. 73
empt from working on roads and highways. Act December
7, 1875, sees. 77-79, cis amended by act March 23, i8gi.
SEC. 7068. Any director or other person whose duty it
may become to report to the county court the per cent, of
tax levied by any school district at an annual meeting, and
who shall neglect or refuse to do so in the manner and at
the time provided by law, shall be liable for all loss which
may be sustained by such failure and for all costs, and shall
be fined not less than ten nor more than fifty dollars.
SEC. 7069. Within fifteen days after any special tax
shall be voted by a school district at an annual meeting, it
shall be the duty of the directors to furnish the county
clerk with a certified list of all persons owning property in
the district liable to pay such special tax.
SEC. 7070. Any person whose duty it is to execute sec-
tions 7046, 7069 or 7084, and who shall fail to do so, shall
be fined not less than ten nor more than fifty dollars, and
the same shall be paid into the county treasury. Act March
if, 1881, sees. /, j and g.
TEACHERS.
SEC. 7071. Any person who shall teach in a common
school in this state, without a certificate of his qualification
and his license to teach, shall not be entitled to receive for
such services any compensation from- revenues raised by tax
or in any wise appropriated for the support of common
schools ; Provided, If his license expire by limitation during
any school, such expiration shall not have the effect to in-
terrupt his school, or to debar his claim against school
revenues for the payment of teacher's wages.
The right to teach is based upon an approved examination before a state
officer. Every teacher must show a certificate or not receive state revenue.
This includes all assistants. The assistant is a teacher and can only receive
compensation lawfully through the directors. No principal can draw a lump
salary from the school revenues to pay for either licensed or unlicenr ed assistants.
Each teacher must have a separate contract and draw his separate compensation.
74 SCHOOL LAWS.
The treasurer is warranted in demanding the license and the contract before
paying any warrant ; and if such contract discloses the fact that the warrant is
drawn to cover the salary of an unlicensed teacher, it should not be paid. See
sees. 7052, 7051 and 7043.
The teacher must have a living license on the day he begins the actual work
of teaching. Having begun his school lawfully he may finish it, although his
license expires before the end of his term. This, however, does not preclude
the board of directors from demanding of each applicant a license which shall
cover the entire term provided for in the contract.
The district is entitled to the services of a teacher qualified under the law and
no act of the directors can bind the district to pay for the services of an
incompetent man.
Deval v. School District No. 3, Michigan Supreme Court Reports,
1889.
As elsewhere stated, all funds collected from taxes levied by school directors,
must be held subject to and paid out upon the orders of the directors of the dis-
trict. But the orders on such tax funds must be for the payment of debts legally
contracted and no others. Hence a board of directors cannot use any portion
of such special district taxes to pay a teacher who taught without having the
necessary certificate of qualifications. Directors are empowered to levy taxes for
the sole purpose of supporting or extending the terms of such schools, and such
only as the law contemplates. But the law does not contemplate or in any man-
ner recognize, schools taught by teachers who have no certificates, and no public
or special tax fund can, therefore, be used to pay any of the expenses of schools
so taught. Any other interpretation of the statute would be absurd, because if
the directors may ignore every other provision in respect to certificates, they may
ignore every other provision of the act, and levy taxes to pay the teachers of
writing schools, singing schools, or any other description of schools, however un-
like they may be to the public schools provided for in the statute.
Casey v. Baldridge, 15 ///., 65.
Wells v. People, 71 ///., 532.
Directors who pay a teacher who has not a certificate are personally liable for
the loss of school funds through their misuse of them. The school taught by a
teacher without a certificate is not a legal school ; and if, on that account, the
district loses its share of funds distributed by the trustees, the directors are further
liable personally for such loss. They are also liable to a fine for a failure to per-
form their duty under the law.
If directors employ a teacher who has not a certificate, as required by law, and
the treasurer knows the fact, even if the directors certify to his schedule, the
treasurer can not pay it. It would be a case of open violation of a positive re-
quirement of the law, and should not be overlooked. Known and palpable
fraud always vitiates.
Any interested tax-payer may enjoin the payment of a teacher who has no cer-
SCHOOL LAWS. 75
tificate, or may stop the payment of a judgment in favor of such teacher, if ob-
tained by collusion with the directors.
Barrv. Deniston, 19 N. H., 170.
Noble v. Directors, 1 1 7 ///., 30.
If a teacher teaches for a while without a certificate and then gets one, the di-
rectors can not pay for the time taught without a certificate. Neither can they
pay him indirectly for such time by hiring him over at an advance in salary suffi-
cient to make up for the time taught before he got a certificate. Public officers
must not do indirectly what the law forbids them to do directly.
Wells v. People, 71 ///., 532.
Substitutes and assistants must have certiocates. The teacher employed as a
substitute for however short a time, must have a certificate of qualification, make
a schedule, and comply with all other requirements of the law, or the public
funds can not be used in payment of temporary services so rendered. One
teacher can not receive wages on the certificate of another, or in the name of
another teacher.
All assistant teachers, special teachers of writing, etc., included, in the public
schools, must have certificates of qualification from the county examiner — there
is no exception to the emphatic requirements of the law in respect to certificates.
This opinion is grounded upon the plain object of the legislature in requiring
teachers to possess certificates; which can be none other than to secure the em-
ployment of teachers of approved character and ability — a consideration of quite
as much moment in the case of assistant teachers, as any other.
It is held that the superintendent of city and village schools belongs to the
teaching force, and should, therefore, have a certificate of qualification in order
that he may draw his pay.
When the directors persist, in violation of law, in retaining a teacher who does
not hold a certificate, any tax-payer or patron of the school would be entitled to
an injunction to restrain the teacher or board from continuing the school. The
county superintendent can not take out an injunction in such a case.
Perkins v. Wolf, 17 la., 228.
Barrv. Deniston, 19 N. H.t 170.
SEC. 7072. Every teacher shall keep a daily register of
his school in the manner prescribed by law, and indicated
by the blank school register to be furnished by the directors
at the commencement of his school.
Directors cannot make the reports required by law without the information
contained in this register, and they should exact rigidly a compliance with the
requirements of this section. No teacher who refuses to comply with law or who
is unable to comply therewith should be retained as a teacher, and the proper
steps should be taken at oner to revoke his license.
76 SCHOOL LAWS.
Directors must not draw warrant for last month's salary until this register is
completed for the term.
ACT XXVII.
SEC. 7073. An act to amend section 7073 of Sandels &
Hill's Digest.
SECTION
. I. Only teachers to be examined for position in public schools of any county
required to attend examinations in county.
2. Teachers in public schools shall attend county normal once a year.
3. Normal institute and quarterly examination shall not be held at same time.
4. No teacher attending either shall be charged with loss of time.
Be it enacted by the General Assembly of the State of Arkansas:
That section seven thousand and seventy-three of Sandels
& Hill's Digest be amended so as to read as follows :
Section I. It shall be the duty of only such teachers as
desire to be examined for license to teach in the public
schools of any county to attend any public examination for
teachers in said county.
Sec. 2. It shall be the duty of all the teachers of the
public schools to attend one institute annually, which shall
be held by the county examiner, after having given twenty
days' notice of the time and place of the institute in the
same manner as is now required by law for quarterly exam-
inations.
Sec. 3. No institute and quarterly examination shall be
held at the same time.
Sec. 4. No teacher, when attending a quarterly examina-
tion, or an institute, shall be charged for loss of time while
necessarily absent from his school to attend such examina-
tion or institute.
Approved March 5, 1895.
There is no way to avoid this duty, nor is it lawful for directors to encourage
teachers in a wilful violation of law. It is still worse when they try to force
teachers to do this by reservations in the contract. No teacher is bound by any
contract which requires him to violate the law.
Teachers must attend these institutes. This law only excuses them from the
examinations while they hold certificates.
SCHOOL LAWS. //
SEC. 7074. No teacher employed in any of the com-
mon schools shall permit sectarian books to be used as a
reading or text-book in the school under his care.
The law leaves the discretion of reading or not reading the Bible with the
school boards, and the courts have uniformly refused to restrain, coerce or inter-
fere with this discretion.
Board of Education of Cincinnati v. Minor , 23 Ohio Stat., 211.
McCormich v. JSurt., Northwestern Reporter, Illinois Supplement,
Vol i,/. 340.
The use of any version of the Bible as a text-book in the public schools, and
the stated reading thereof in such schools by the teachers, without restriction,
although unaccompanied by any comment, was held by the supreme court of
Wisconsin in State v. Board of Education (76 Wis., 177), as having a tendency
to inculcate sectarian ideas, and such use enjoined.
It was held however that text-books founded upon the fundamental teachings
of the Bible, or which contain extracts th'erefrom, and such portions of the Bible
as are not sectarian, might be used in the secular instruction of the pupils and
to inculcate good morals.
This is the latest legal deliverances upon this important subject and deserves
the most careful study of all educators.
SEC. 7075. Any teacher who shall have complied with
the provisions of this act shall be paid from the first money
received into the county treasury to the credit of the district;
and his claim shall not be superseded by any subsequent
claim (u) ; and no money in the county treasury belonging
to any district shall, so long as there is any such claim filed
against the said district, be applied to any purposes what-
ever other than the payment of teachers' wages. Act De-
cember 7, 1875, sees. 80-84..
SEC. 7076. No teacher shall be entitled to the last
month's pay for any school taught by him until he shall have
returned to the directors of the district in which such school
was taught the daily register furnished him, with all statisti-
cal work which teachers are by law required to perform,
perfected and complete, and no director shall otherwise issue
an order for such last month's pay. Act March //, 1881,
sec. 4..
(u.) See sec. 7081.
78 SCHOOL LAWS.
TRESPASS ON SCHOOL HOUSES, ETC.
SEC. 7077. Any person who shall wilfully destroy or in-
jure any building used as a school house, or for other edu-
cational purposes, or any furniture, fixtures or apparatus
thereto belonging, or who shall deface, mar or disfigure any
such building, furniture or fixtures, by writing, cutting,
painting or pasting thereon any likeness, figure, words or
device, without the consent of the teacher or other person
having control of such house, furniture, or fixtures shall be
fined in a sum double the value of any such building, furni-
ture, fixtures or apparatus so destroyed, and shall be fined
in a sum not less than ten nor more than fifty dollars for
each offense for writing, painting, cutting or pasting in any
such building, furniture or fixtures any such words, figures,
likeness or device, to be recovered by civil action in any
court of competent jurisdiction; and the punishment
provided in this section is in addition to, and not in lieu of,
the punishment provided by the statutes for such offenses
(v). .Act December 7, /#75, sec. 86.
SCHOOL WARRANTS (w] — DISBURSEMENTS OF FUNDS, ETC.
SEC. 7078. It shall be unlawful for county collectors
and treasurers to purchase or otherwise be the owners of or
interested, directly or indirectly, in any school warrant
issued by any school director of the county in which they
reside.
SEC. 7079. The district school tax in each county may
be payable and receivable in the warrants drawn by the di-
rectors of the school district in which a school tax may be
levied by the county court.
SEC. 7080. It shall be the duty of the county treasurer
(£>.) For an offense committed by insulting a teacher in the presence of his
pupils, see sec. 1539. For cutting, writing upon or defacing school-houses, see
sec. 1794. For disturbing schools, see sec. 1798.
(«/.) The statute of limitations runs on school warrants. School District v.
C 'roomer, 52-454 ; School District v. Reeve, 56-68.
SCHOOL LAWS. 79
of each county to keep in his office a suitable anc) well-
bound book, in which he shall register by number and in
the order of presentation all district school warrants that
may be presented to him ; this registration to be made be-
fore the warrant is paid, and it shall show the date of the
presentation of the warrant, by whom drawn, on what dis-
trict and in whose favor, and for what purpose drawn, the
amount and date of the warrant, date of payment, and to
whom paid ; and said book shall at all times be subject to
the inspection of any tax-payer (x).
SEC. 7081. It shall be the duty of the county treasurers,
immediately upon the receipt by them of any school funds,
to give notice of the amount and kind of funds received,
and from what source received, by written or printed no-
tices put up in two public places in each and every school
district and at the court-house door, and the funds so re-
ceived shall be paid out pro rata on the warrants registered
in accordance with the provisions of the preceding section
(y) > Provided, Application for such payment is made within
thirty days from the giving of the notice herein required.
SEC. 7082. Any officer failing to comply with the re-
quirements of this act for each and every offense, shall be
subject to indictment, and, if found guilty, shall be punished
by a fine of not less than five hundred dollars and by con-
finement in the penitentiary of the state for a period not
less than three nor more than twelve months.
SEC. 7083. Any director who shall fraudulently issue
any school warrant shall be guilty of a misdemeanor, and,
upon conviction, shall be subject to the penalties enum-
erated in the preceding section. Act May 2J, 1874..
SEC. 7084. The county treasurer shall, on or before the
first day of September each year, forward to the superin-
(.*•.) The legislature may relieve the treasurer and his bondsmen from liability
for school funds. Pearson v. State, 56-148.
(y.) See sec. 6993.
8O SCHOOL LAWS.
tendent of public instruction a certified statement showing
the amount, in kind, of public school funds received by
him ; from what sources they were received ; how and for
what purposes they have been disbursed, and what amount,
in kind, remains in the treasury. Act March //, iS8i, sec. 8.
SEC. 7085. The order of any board of directors, prop-
erly drawn after the passage of this act, other than those of
single school districts in cities and towns, shall be presented
to the treasurer of the proper county within sixty days
after it was drawn by the said board of directors. All
such orders shall be paid in the order of their presentation
(2). Act March 21, 1885, sec. i.
SEC. 7086. If there are no funds with which to pay such
order, the treasurer, shall indorse the same : "Not paid for
want of funds," giving the date and signing his name officially.
He shall number and record each warrant in the book pro-
vided for such purpose, keeping a separate record for each
district, and shall pay said warrants in the order of their
number. Act March 21, 1885, sec. 2.
VIOLATION OF SCHOOL LAWS — DUTY OF PROSECUTING ATTOR-
NEYS.
SEC. 7087. The prosecuting attorney of each judicial
district shall, upon being satisfied that any violation of the
school laws of this state has been committed by any officer
or person, in any county of his district, which renders such
officer or person so offending liable to any fine, pain, penalty
or forfeiture for damage, without delay, institute in any
court of competent jurisdiction such proceeings as are
necessary to bring such offender to trial, and secure to the
county school district, or person damaged by such violation,
the benefits and reliefs to which each or any of them may
be entitled ; and for such services the prosecuting attorney
shall be allowed the same compensation as he is allowed in
(0.) See School District v. Reeve, 56-68.
SCHOOL LAWS. 8 1
cases of misdemeanor, which shall be assessed against such
offender as cost. Act March //, 1881, sec. 10.
SPECIAL ACT FOR THE REGULATION OF PUBLIC SCHOOLS IN
CITIES AND TOWNS.
SEC. 7088. Any incorporated city or town in this state,
including the territory annexed thereto for school pnrposes,
may be organized into and established as a single school
district in the manner and with the powers hereinafter speci-
fied. Act February 4., 1869, sec. i.
SEC. 7089. Upon the written petition of twenty voters
of such city or town, praying that the sense of the legal
voters of said city or town may be taken on the adoption of
this act for the regulation and government of the public
schools therein, it shall be the duty of the mayor of such
city or town, within five days after the presentation of such
petition, to designate and fix a day, not less than seven nor
more than fifteen days distant, for holding an election in
said city or town for that purpose and also for the election
by ballot, at the same time, of a board of six school directors
for said city or town.
. SEC. 7090. The mayor shall cause notice of said election
to be given by posting notices in at least five public places
in said city or town, and by one insertion in such newspa-
pers as may be published in said city or town. The electors
at said election desiring to vote in favor of the adoption
'of this act shall have written or printed on their ballots,
"For the school law," and those opposed thereto shall have
written or printed on their ballots, "Against the school law ;"
and, if a majority of the ballots cast at said election shall be
"For school law," then, and in that case only, shall such
city or town be deemed and held to be a single school dis-
trict under and in pursuance of this act, and the directors
voted for and elected at said election shall qualify and enter
S-6
82 SCHOOL LAWS.
upon the discharge of their duties as hereinafter provided.
/#., part sec. 2.
SEC. 7091. On the third Saturday in May, 1893, and an-
nually thereafter, an election shall be held at the usual vot-
ing place in each ward of all incorporated towns and cities
heretofore organized into single or special school districts,
for the election of two directors, who shall serve for three
years, and until their successors are elected and qualified.
The ballot of the voter, in addition to the names of the per-
sons voted for as directors, shall have written or printed on
it the words "for tax" or "against tax," and the rate the
voter desires levied ; Provided, In incorporated towns and
cities of the second class, the election may be held at one or
more of the voting places therein, and not in each ward, if
the board of directors shall so direct by notice posted "in
three public places in said city or town ten days before the
election designating the place or places at which said elec-
tion shall be held.
SEC. 7092. Said election shall be held by the judges ap-
pointed to hold the municipal elections in said city or town
next preceding the said election, for the ward or wards in
which said school election may be held. The judges at each
voting place shall appoint two clerks, and each judge and
clerk shall take the oath required by law, and shall receive
for their services the sum of one dollar each, to be paid out
of the school fund of the district on the order of the board
of directors,
The four preceding sections are to determine whether the special act for the
regulation of public schools in cities and towns shall be adopted. They are
preliminary to organisation. They require the following modus operandi :
1. A written petition of twenty voters asking that the sense of the legal
vote's be taken on the adoption of the act.
2. The mayor must fix within five days from the presentation of said peti-
tion a day for said election.
3. Said election shall be not less than seven nor more than fifteen days from
the date of the proclamation.
4. Said election shall also determine by ballot a board of six directors.
SCHOOL LAWS 83
5. The mayor must promulgate the election notices by posting and by print
ing should there be a paper.
6. The electors must vote by ballot and as prescribed.
7. A majority of all the votes cast are necessary to make said city or town
a single school district.
8. A majority of all the votes cast is also necessary to elect each of the six
directors. It results that the special act may be legally adopted and all or some
part of the directory fail of an election. This failure will not affect the adoption
of the special act, but said city or town will be a single school district with a
vacancy or vacancies in the director/.
The following act provides how all vacancies on boards in special school dis-
tricts are filled :
ACT LVI.
AN ACT to give notice of election in special school dis-
districts and fill vacancy in school board.
SECTION
1. Notice of annual election to be given fifteen days prior to election. How.
2. Provides for filling vacancy on board.
3. Repeals all laws in conflict. Act takes effect from passage.
Be it enacted by the General Assembly of the State of Arkansas:
SECTION i. When any special school district has been
organized as provided by law, the board of directors shall
give notice of each annual election at least fifteen days pre-
vious to such election, by posting notices in at least five pub-
lic places in said district.
SEC. 2. That if the office of director in any special
school district shall become vacant, the remaining directors
of said district shall elect a director to fill such vacancy, who
shall serve until the next annual election for school directors,
at which time all vacancies, shall be filled by the electors
for the unexpired term.
SEC. 3. That all laws and parts of laws in conflict with
this act be and are hereby repealed, and that this act take
effect and be in force from and after its passage.
Approved March 26, 1895.
SEC. 7093. The judges shall cause the polls to be opened
at nine o'clock and closed at sunset.
84 SCHOOL LAWS.
SEC. 7094. If any of the regular judges shall fail to ap-
pear by ten o'clock, the assembled voters, net less than ten
in number, shall select other judges in their places.
SEC. 7095. If the election shall be held in all the wards
of the city or town, each voter shall vote in the ward where
he resides ; Provided, Voters residing in any part of the
district not embraced in any ward may vote at any place he
may deem most convenient.
SEC. 7096. The returns of said election shall be made to
the county clerk, who shall forthwith deliver a certificate of
election to each of the persons elected directors.
SEC. 7097. He shall also declare the result of the votes
for and against tax, and certify the same to the county court
on the first day of the term fixed by law for levying county
taxes ; and the rate of taxes so certified shall be levied by
the court as other school taxes.
SEC. 7098. Each person elected director shall take the
oath of office within five days after receiving a certificate of
election, which shall be filed with the county clerk, and
thereafter during his term of office no further oath nor affi-
davit shall be required of him in the discharge of his official
duties.
SEC. 7099. The provisions of chapter Ivii shall have
no application to the elections herein provided for. Act
April 10, 1893, sees, i 7.
SEC. 7100. Said board of directors shall organize by
choosing from their own number a president and secretary,
who shall hold their offices until the last Saturday in May,
and annually, on that day, said board shall meet and elect
from their number a president and secretary. Act March
21, 1885, sec. 2.
SEC. 7101. Said board of directors shall hold a regular
meeting on the last Saturday in each month, and may hold
stated meetings at such other times and places in said dis-
trict as they may appoint ; four members of said board shall
SCHOOL LAWS. 85
constitute a quorum, but a less number may adjourn from
time to time; special meetings thereof may be called by the
president, or by any two members of the board, on giving
one day's notice of the time and place of the same, and, in
case of the absence of the president, a president pro tern-
pore shall be chosen. The office of any member of said
board, as such, who shall, without good cause, fail to attend
three consecutive monthly or stated meetings of said board,
may be declared vacant by the board. The board may make
rules and regulations for their own government and for the
dispatch and regulation of the school business and affairs of
the district, not inconsistent with law. Act February ^, 1869,
sec. 4..
SEC. 7102. Said board of directors shall have power to
purchase or lease school house sites, to build, hire or pur-
chase school houses, and to keep in repair and furnish the
same with the necessary seats, desks, furniture, fixtures and
fuel, and to insure the same; to fence the school grounds,
erect out-houses, provide wells, and make all other improve-
ments on the school house grounds and school houses be-
longing to said district necessary and proper for the comfort,
convenience and health of the scholars, and the preservation
of said property ; to hire teachers for all public schools of
the district (a a), employ a superintendent of the schools (bb),
who may also be principal of any graded or high school
that said board may establish ; to provide books and appa-
ratus for the schools, and the necessary blank books and
stationery for the board, and school registers and the blanks
for the teachers ; to establish and maintain a sufficient num-
ber of primary, graded or high schools to accommodate all
(aa,] See School District v. Maury, 53-47 r.
(bb.) The power to employ a superintendent is not limited to the term of
office of the board. Gates z\ School District, 53-468.
In a suit for salary after unlawful discharge, for liability of board and measure
of damages, see Gates v. School District, 57-370.
86 SCHOOL LAWS.
the scholars in said district (cc)\ to determine the branches
to be taught and the text-books to be used in the several
schools of the district (dd}\ to admit pupils not belonging
to the district on such terms as they may agree upon with
the parents or guardians of said pupils, or the district from
whence they carne ; to appoint a board of three visitors and
examiners for the schools of the district, which board shall
examine persons applying to teach in any of the schools in
said district ; Provided, No teacher shall be employed who
does not hold a certificate from the state superintendent or
county examiner ; to examine, from time to time, the books
and accounts of the county treasurer, so far as the same re-
late to the several school funds belonging to the district ;
and when, in the opinion of a majority of the members of
said board, the best interests of the district demand a sale
or exchange of any real estate or school-house site belong-
ing to the district, they may sell or exchange the same, the
deed therefor to be executed by the president of the board
upon a majority vote of the whole board of directors au-
thorizing and directing such sale or exchange. lb., sec. 5.
This section does not authorize the directors to substitute their examination
for that of the examiner. The examiner's rights are superior to those of the di-
rectors. He should examine under his oath, and license or refuse to license as
his judgment decides, and is not accountable to any board of directors. Nor
should he hold his examination in connection with the examination of the board.
His work should be entirely separate from their work. They have the right to
examine, but not to interfere in any particular with the examiner's work. Any
regulation of a board of directors which requires the examiner's certificate to be
granted only after an examination of city teachers in the presence of examiners
appointed by the board is absolutely nugatory so far as the county examiner is
concerned. His examinations should be separate from and entirely free from
supervision of city examiners.
EXACTION OF FEES.
Under the constitution of Georgia, providing that public schools shall be free
(cc.) But no tax for any purpose can now be levied by the county court with-
out a vote of the electors of the district. Article 14, section 3, Const.; Cole v.
Blackwell, 38-271.
(dd.} See sees. 6975, 7046.
SCHOOL LAWS. 8/
to all children, a municipal public school established under a local act cannot
exact incidental fees from resident scholars.
Irvin v. Gregory, 86 Ga., 605.
The following opinion of the attorney general should be carefully considered :
" In answer to your inquiries, I have the honor to say that, in my opinion, sec-
tion 7043 applies as well to special or single school districts as to ordinary com-
mon school districts.
"I am also of opinion that it applies to the superintendent of schools in such
special districts, provided he is to act as a teacher; otherwise not.
"I am also of the opinion that said section is mandatory upon the directors;
but I do not believe, or mean to be understood as saying, that a verbal contract
made with a qualified teacher would be void because not in writing."
The following decision of the supreme court interprets the law very clearly :
REMOVAL OF A TEACHER FOR INCOMPETENCY.
Under sections 7102 and 7103, which enjoin the board of school directors to
hire suitable teachers ; to enforce all necessary rules for the government of teach-
ers and pupils; and to visit the schools and observe the discipline and progress
of the pupils, the board hns the power to remove a teacher for incompetency
and for immorality; and the fact that the teacher has been- duly licensed by the
county examiner, and that the latter has failed to revoke the license as he is em-
powered to do by section 7013, is not conclusive on the board as to the compe-
tency or morality of the teacher.
See Dist. of Fort Smith v. Mansy, 53 Ark., 471.
The fact that the board has tolerated the teacher's misconduct and inefficiency
for a time does not operate as a waiver of its right to discharge him therefor, as
the teacher's undertaking to perform his duty in a moral and skilful manner is
assumed for the benefit of the school, its pupils, and patrons, and not for the
benefit of the board.
School District of Port Smith v. Mansy, 53 Ark., 471.
The following decision is so sound that it is introduced here as a guide to di-
rectors of this state :
" Non-residents. In a local statute authorizing the establishment of pub-
lic schools in a town, a provision that the local board may admit pupils not
residents of the town on such terms as the board may prescribe, does not per-
mit the board to prescribe terms which would cast upon the town or its inhab-
itants any part of the expense of educating non-resident pupils. Such pupils
can not be received at a less rate per scholar than the inhabitants of the town
pay by taxation for their children, nor can they be received at all to the exclu-
sion of resident children who would otherwise attend."
Irvin v. Gregory. 86 Ga., 605.
SEC. 7103. It shall be the duty of said board, as soon as
the means for that purpose can be provided, to establish in
88 SCHOOL LAWS.
said district an adequate number of primary schools, so lo-
cated as best to accommodate the inhabitants thereof; and
it shall be the further duty of said board to establish in said
district a suitable number of other schools of a higher grade
or grades, wherein instruction shall be given in such studies
as may not be provided for in the primary schools ; the
number of schools, the grades thereof, and the branches to
be taught in each and all of said schools to be determined
by said board. It shall be the duty of said board to keep
said schools in operation not less than three nor more than
ten months in each year. The said board shall have power
to make and enforce all necessary rnles and regulations for
the government of teachers and pupils in said schools. Said
board shall also, separately or collectively, together with
such persons as they may appoint or invite, visit the schools
in the district at least twice in each year, and observe the
discipline, mode of teaching, progress of the pupils, and see
that the teachers keep a correct register of the pupils, em-
bracing the periods of time during which they attend school,
the branches taught, and such other matters as may be re-
quired by law or by the instructions of the state superin-
tendent. Ib,, sec. 6.
SEC. 7104. No draft or warrant shall be drawn on the
county treasurer, except in pursuance of an order of said
board ; all drafts or warrants on the treasurer shall be signed
by the president, or president pro tempore, and the secretary,
and shall specify the fund on which they are drawn and the
use for which the money is assigned. Ib., sec. 8.
SEC. 7105. The secretary shall record all the proceed-
ings of the board in books kept for that purpose ; shall make
and preserve copies of all reports required by law to be
made to the state superintendent of public instruction or
county examiner ; shall file all papers transmitted to him
pertaining to the business of the district; shall make, or
cause to be made, the annual enumeration of the youth of
SCHOOL LAWS. 89
the district in the time and manner required by law of school
directors, and shall perform such other duties as the board
of directors may order and direct ; and for his services may
be allowed reasonable compensation, to be audited and al-
lowed by a majority of said board. The other members of
said board shall receive no compensation for their services.
Ib.t sec. p.
SEC. 7106. The title of all real estate and other prop-
erty belonging, for school purposes, to any city or town or-
ganized into a separate school district under this act, shall
vest, and hereby is vested, in said city or town, as a school
district, and shall be under the management and control of
the board of school directors for said district as fully and
completely as other school property belonging to said dis-
trict. Ib., sec. 10.
SEC. 7107. All school districts formed under and gov-
erned by this act shall be known by the name of the city
or town constituting the district, with the words " School
District of" prefixed thereto (as, for example, " School
District of Little Rock " ) ; and by such name, may sue and
be sued, contract and be contracted with, purchase, acquire,
hold and sell property, receive gifts, grants and bequests,
and generally shall possess and enjoy all the corporate
powers usually possessed by bodies corporate of like char-
acter. The style of the board of directors for school dis-
tricts under this act shall be "Board of School Directors."
Ib., sec. ii.
SEC. 7108. The board of school directors of any dis-
trict organized under this act shall pay and discharge all
debts and liabilities lawfully incurred by the several school
districts existing under previous law and embraced in the
district organized under this act. Ib., sec. 12.
SEC. 7109. Any person elected a director under the pro-
visions of this act who shall fail to take the oath of office
and qualify as herein required, or who, after qualifying as
9O SCHOOL LAWS.
such director, shall fail to perform and discharge the official
duties incumbent upon him as a director, shall be liable to
the same penalties that now are or may be hereafter pro-
vided by law against directors of school districts for failing
or refusing to qualify, or for neglect of official duty. Ib.,
sec. ij.
SEC. 7110. The board of directors may fix the term of
office and define the duties of the board of visitors and ex-
aminers of the public schools in their district, and any per-
son appointed by the board of directors a member of said
board of visitors and examiners who shall refuse to act as
such, and discharge the duties pertaining to such position,
shall forfeit and pay to said district the sum of twenty-five
dollars, to be recovered in civil action in the name of said
district, and added to the teachers' fund belonging to said
district. Provided, No person shall be compelled to serve
in that capacity more than three consecutive years. Said
board of visitors and examiners shall receive no compensa-
tion for their services. Ib., sec. 14.
SEC. 7111. All school districts organized under this act
shall have and receive their full proportion and distribu-
tive share of the general school fund of the state, in the
same manner and according to the same rule as it is or may
be apportioned to other districts. Ib., sec. 75.
SEC. 7112. It shall be the duty of the state superinten-
dent and county examiners to make such suggestions and
recommendations to the board of directors in relation to or-
ganizing and conducting the public schools in the districts
organized under this act as they shall deem important.
SEC. 7113. The provisions of the general school laws of
the state which are now or may hereafter be in force, when
not inapplicable, and so far as the same are not inconsistent
with and repugnant to the provisions of this act, shall apply
to districts organized under this act ; and such provisions
of said laws as are inconsistent with and repugnant to the
SCHOOL LAWS. 9 1
provisions of this act and inapplicable to districts organized
thereunder, shall have no operation, force or effect in such
districts. The county court shall annex contiguous terri-
tory to single school districts under the provisions of this
act, when a majority of the legal voters of said territory
and the board of directors of said single district shall ask,
by petition, that the same shall be done. Ib., sees. 16 and 77.
II— SCHOOL LANDS (ee).
SEC. 7114- Whenever the inhabitants of any congres-
sional township in this state shall desire the sale of the six-
teenth section of such township, or of any lands substituted
therefor, or any which have been or may be mortgaged to
the state of Arkansas for the use of the school fund, which
after foreclosure and sale have been stricken off to the state
of Arkansas ; they may, by written petition, signed by a ma-
jority of the male inhabitants of such township, require the
collector of taxes of the county wherein such land is situ-
ated to sell the same. Act April 14., 1893.
SEC. 7115. Upon the reception of such petition, the col-
lector shall ascertain that it is signed by a majority of the
male inhabitants of such township and shall immediately
proceed to divide the land into. forty-acre tracts, and after
making such division, a statement or plat of the same and a
number of each tract shall be made so that the boundaries
may be defined and ascertained, which statement or plat of
the sections shall be used as a guide in advertising and sell-
ing said lands. Provided, The collector may, when necessity
requires it, call the county surveyor of his county to assist
in such survey and division, and he shall be allowed and paid
(ee.) Directors can confer no authority to cut timber on school lands, and one
who does so by their authority, under an agreement with them to pay the value,
commits a trespass for which he may be sued by the state. Widner v. State,
49-172. The legal title to school lands is in the state, and a school district can
not maintain an action for such lands. Ib.; -School District v. Driver, 50-346.
See State v. Morgan, 52-150.
92 SCHOOL LAWS.
out of the funds arising from the sale of such school lands
by said collector such compensation as he is allowed by
law for similar services, and the receipts of such surveyor
to said collector shall be a sufficient voucher for the money
so paid.
SEC. 7116. In subdividing the sixteenth section lands
for sale, no tract shall contain more than forty acres, and
the division may be made into town or city lots with roads,
streets or alleys between them.
SEC. 7117. The collector shall cause each tract or sub-
division of such school land to be appraised at a fair value
by three disinterested householders of the county, each of
whom shall take an oath which shall be indorsed upon the
appraisement that he does not desire or intend to buy said
land or any part thereof, and that he will not directly or in-
directly be or become interested in the purchase thereof at
the sale to be made by the collector; such appraisement
shall be returned to the collector.
SEC. 7118. The collector shall then give notice that he
will sell the said school lands at the court-house door of the
county on the first day of the next term of the county court
upon the terms prescribed by law. Such notice shall be
published in some newspaper published in the county where
the land is situated at least four weeks before the day of
sale. If there be no newspaper published in said county,
then the collector shall post up written notices in at least six
of the most public places of the county four weeks before
the day of sale.
The collector shall also in either case put up a copy of the
notice upon the school house situated on the land, if there
be one thereon ; if not, at the most public place on the
land.
SEC. 7119. Upon the day of sale the collector shall offer
the lands at public auction in separate subdivisions, begin-
ning with number one and' ending with the last mentioned
SCHOOL LAWS. 93
division. Such sale shall be made between the hours of 12
m. and 3 p. m., but may be continued from day to day at the
same place and between the same hours until all have been
sold or offered. The sale shall be made for cash. If any
bidder shall fail to perfect his bid by paying the cash, the
collector shall immediately resell the land and the bidder
shall be responsible for the difference between his bid and
the price at which the land sold, which may be recovered
'from hfm by the collector, in action for the use of the town-
ship, and the collector shall, if necessary, at once institute
suit against such bidder to recover the amount of difference
between his bid and the price at which the land sold. No
tract or such division shall be sold for less than three-fourths
of its appraised value. Provided, No tract or subdivision
of the sixteenth section lands shall be sold at a less price
than one dollar and twenty-five cents per acre. If any tract
offered is not sold it may be offered again upon like notice,
upon the first day of the next, or any succeeding term of the
county court, and so on until sold without a new petition.
SEC. 7120. The collector shall, without delay, report all
sales to the county court, which may reject or confirm the
same. If any sale be rejected, the county court may direct
the collector to again advertise and offer the land, and may
specify the minimum price at which the tract or tracts may
be sold, not to be less than two-thirds of its appraised value.
Provided, No tract or subdivision of the sixteenth section
lands shall be sold at a less price than one dollar and twenty-
five cents per acre. If the sale be confirmed by the county
court the collector shall execute and deliver to the purchaser
a certificate in the following form :
I, collector in and for the county of
, state of Arkansas, certify that
has purchased of section , in township
.range , containing acres
at $ dollars per acre, and has paid to me in full
94 .SCHOOL LAWS.
the. sum of $ dollars. The expense of the sale
was :
Cost of advertising, $
Cost of order of confirmation, $
Cost of rejection of prior sale, $
Surveyor's fee (if any), $
Collector's commission, per cent., $
Leaving a net balance of $ in my hands due
the sixteenth (i 6) section fund account of this county.
Now, therefore, upon the presentation of this certificate to
the commissioner of state lands, the said „
his heirs or assigns, shall be entitled to a deed from said
commissioner of state lands for the tract or land above
described.
Collector of county.
In all cases proper orders of confirmation or rejection
shall be entered on record by the county court.
SEC. 7121. Out of the money received by the collector
for the sale or sales of the sixteenth section lands, he shall
pay the cost of advertising, cost of confirmation order, cost
of rejection of sale (if any), surveyor's fees (if any), and he
may retain for his services two percent, of the gross amount
received by him for the sale of such land ; the residue of
the money received for the sale of said land, after deducting
the expenses as are above provided for, he shall at once
transmit to the treasurer of state, who shall place the amount
to the credit of the county's sixteenth section fund to which
it rightfully belongs.
SEC. 7122. The county clerks of the several counties in
this state shall examine carefully and closely the tax books
of their respective counties and ascertain what person or
persons are paying taxes on any part or parts or the whole
of the sixteenth section lands, and it shall be the further
duty of the county clerks after ascertaining from the tax books
SCHOOL LAWS. 95
the names of any person or persons paying taxes on any of
the sixteenth section lands, and the numbers of said lands,
to examine the record of deeds and find by what authority
and whether any title or titles vest in said person or persons
in whose name or names said lands are assessed, and shall
on or before the first Monday in September, eighteen hun-
dred and eighty-five, make and forward to the commissioner
of state lands a full and complete statement of the exact
status and condition of all of the sixteenth section lands in
their respective counties. The county clerks shall be al-
lowed the sum of forty dollars each for their services in
making this report, and it shall be paid to them by their
respective counties.
SEC. 7123. The county clerks of th'e several counties in
this state shall keep in a well-bound book, provided for that
purpose, correct and accurate accounts with each and every
township in their several counties, which may be entitled to
any of the funds under this act, and shall immediately after
each and every sale of any part of said sixteenth sections
certify to the auditor of state the amount of moneys received
by such collectors on account of such sales, and the auditor
shall thereupon charge the same to such collector.
SEC. 7124. A neglect, failure or refusal by any county
clerk to perform any and all duties e'njoined upon him by the
provisions of this act, shall be deemed a misdemeanor, and,
upon conviction thereof, such clerk shall be fined in any sum
not less than one hundred dollars, nor more than five hundred
dollars, for each offense, and may be removed from office.
ACT LX.
AN ACT to amend section 7114 of Sandels & Hill's Digest
of the Statutes of Arkansas and for other purposes.
SECTION
1. Sixteenth section or equivalent lands may bs sold upon petition of major-
ity of voters.
2. Sheriff vested with powers of collector for purposes of this act.
3. Repeals laws in conflict. Act takes effect from passage.
96 SCHOOL LAWS.
Be it enacted by the General Assembly of the State of Arkansas:
SECTION I. Whenever the inhabitants of any congres-
sional township in this state shall desire the sale of the six-
teenth section of such township, or of any lands substituted
therefor, or any which have been or may be mortgaged to
the state of Arkansas for the use of the school fund, which
after foreclosure and sale have been stricken off to the state
of Arkansas, they may, by written petition signed by a ma-
jority of the adult male inhabitants of such township, require
the collector of taxes, or if there be no collector, then the
sheriff of the county wherein such land is situated, to sell
the same.
SEC. 2. That for the purpose of making sales of any of
the lands mentioned in the preceding section, the sheriff is
hereby vested with all powers now conferred by law upon
collectors.
SEC. 3. That all laws and parts of laws in conflict here-
with are hereby repealed, and this act take effect and be in
force from and after its passage.
Approved March 26, 1895.
HOUSE MEMORIAL NO. I.
Resolved by the Senate arid House of Representatives of the
State of Arkansas :
That our senators in congress be instructed and our rep-
resentatives requested to use all their influence with the con-
gress of the United States so as to change and modify the
compact entered into between the United States and the
state of Arkansas with regard to the " sections of land num-
bered sixteen in every township," and when such section
has been sold or otherwise disposed of, other lands equiva-
lent thereto, and as contiguous as may be "and granted to
the state for the use of the inhabitants of such township for
the use of the schools," so that the said lands or any funds
now on hand derived from the sale or lease of same may be
apportioned by the state to common school purposes for the
SCHOOL LAWS. 97
promotion of education in said state. And that the governor
transmit to our senators and representatives, respectively, a
a copy of this resolution.
Approved March 26, 1895.
COLLECTION OF CLAIMS DUE COMMON SCHOOL FUND.
SEC. 7125. The attorney general of the state of Arkan-
sas is authorized and instructed to employ competent attor-
neys residing in the counties in which the lands are situated
to collect all claims and notes due the school fund arising
from the sale of the sixteenth section lands. Before taking
charge of any such notes or claims, each of said attorneys
shall be required to give bond for the faithful keeping, col-
lecting and accounting for same, as provided for in this act,
in double the sum of the amount supposed to come into his
hands, and such security as shall be approved by the circuit
judge of the judicial circuit in which said attorney resides,
and such bond when approved shall be filed with the com-
missioner of state lands, and the commissioner of state lands
shall, when such bond has been filed with him, turn over, or
cause to be turned over to the said attorney all notesand claims
due the school fund pertaining to the sixteenth section lands.
Said attorneys may retain, as fees for collection, ten percent,
of the gross amount collected by them under the provisions
of this act (ff). The remainder of said gross amount, after
deducting their fees, as above provided for, shall be by said
attorneys transmitted without delay to the treasurer of state,
who shall place the same to the credit of the sixteenth sec-
tion fund of the county to which it rightfully belongs, and
said attorneys shall prepare and forward to the commissioner
of state lands a statement for each and every collection
made by them, setting forth the name of the maker of the
note or claim, the date of same, the dates of all previous
payments (if any) made on such note or claim.
See Wallace v. State, 54-611.
S— 7
98 SCHOOL LAWS.
SEC. 7126. All moneys paid into the state treasury aris-
ing from the sale or the collection of notes and claims per-
taining to the sixteenth section lands, shall be by the state
treasurer placed to the credit of the county's sixteenth sec-
tion fund, to which said moneys may rightfully belong, and
the treasurer of state shall, for each payment to him on ac-
count of the sixteenth section fund, issue triplicate receipts,
one of which receipts shall be filed with the auditor of state,
one filed with the commissioner of state lands and one given
to the party making payment.
SEC. 7127. The treasurer of state shall, by and under
direction of the board of commissioners of the common
school fund, as soon as practicable after the receipt of any
moneys paid into the state treasury on account of the six-
teenth section fund, invest the same in either United States
bonds or bonds of the State of Arkansas, and as interest
accrues on said investment he shall collect the same and
place to the credit of the respective counties' sixteenth sec-
tion fund accounts such interest on said investment, in the
proportion to which each county is properly entitled.
SEC. 7128. The interest, accruing to the several counties
and townships, that may hereafter be in the state treasury,
shall be drawn out of the treasury in the same manner as
now provided by law for drawing other funds due counties,
and when drawn shall be accounted for by the county treas-
urer in the same manner as for other county funds thus
drawn, and the county court shall distribute and set apart
to the proper townships all such sums and funds as shall be
due such township, either from the sales of sixteenth sec-
tions in such townships or from collections of notes belong-
ing thereto.
SEC. 7129. All notes, claims, bonds, papers or evidences
of debt belonging to the school fund, arising from the sale
or sales of the sixteenth section lands, in the hands of county
collectors or other persons, shall be, within ninety days after
SCHOOL LAWS. 99
the passage of this act, turned over to the commissioner of
state lands.
SEC. 7130. All county treasurers, collectors, or other
persons, having in their possession any funds arising from
the sale or sales of the sixteenth section lands, shall, within
ninety days after the passage of this act, pay the same into
the state treasury, and the state treasurer shall place the
same to the credit of the respective counties' sixteenth sec-
tion fund accounts to which said funds do rightfully belong.
SEC. 7131. That upon the presentation to the commis-
sioner of state lands of any certificate of purchase as speci-
fied in section 7120 the commissioner shall execute to the
purchaser a deed for the lands therein described, and shall
keep a full and complete record of all such sales and of the
deeds so issued, and it shall be the further duty of'the com-
missioner of state lands to keep as correct records of sale or
sales of the sixteenth section lands as the reports made to
him from time to time may enable him to do. Act March
31, 1885, sees. 2-18.
PATENTS (££).
SEC. 7132. When the purchaser of any portion of the
common school lands has heretofore assigned, or may here-
after assign, the certificate of purchase of such land, the
title thereof may be made directly to the last assignee of
such certificate of purchase, upon full payment of all the
purchase money and interest due on said land. Act April
12, 1869, sec. 10.
SEC. 7133. If any person who shall have purchased any
portion of the sections of school lands from the collector of
any of the counties of this state, and paid one-fourth the
purchase money therefor, and received a bond for title from
such collector, shall die before such payment is fully made,
and the executor, administrator, guardian or legal represent-
(gf-) See State v. Morgan, 52-150.
IOO SCHOOL LAWS.
ative of such deceased person shall pay or cause to be paid
the balance, if any, that shall be due to the collector on
said purchase, upon the certificate of the collector of the
proper county that the whole of the purchase money, with
all the interest due thereon, has been fully paid, the com-
missioner of state lands shall forthwith execute a deed, as is
now required by law, to the heirs at law of such deceased
person (hh). Ib., sec. n, as amended act February 16, 1885+
SEC. 7134. The land thus conveyed to the heirs shall
stand charged with the amount of money necessarily ad-
vanced to the school fund, in order to procure title, and
shall, in other respects, be chargeable with the rights and
incumbrances that would have attached had it descended
regularly to the same heirs. Ib.
SEC. 7135. All patents issued for sixteenth section, or
any part thereof, or common school land during the war
between the states and all the official acts of the officers of
this state, in regard to such lands, during the said war, and
also all deeds made by the common school commissioners
of the several counties in compliance with an act of the
legislature of the state, entitled, "An act to relieve certain
citizens of Arkansas who purchased school lands," passed
March 4, 1867, are hereby confirmed, ratified and made
valid, and full faith and credit shall be given to said patents,
deeds and official acts in all the courts of this state. Pro-
vided, Nothing herein shall be construed to prevent the
setting aside of any of said deeds or patents for actual fraud
or mistake.
SEC. 7136. Any right, title or interest which the state of
Arkansas may have acquired, or holds by virtue of any judg-
ment, decree, execution or sale of any court in this state, in
lands for which patents or deeds have been made and issued
(hh.) See section 7138.
sec. 2.
SCHOOL LAWS. IOI
as mentioned in section 7135, is hereby vested in the proper
owners thereof under such deeds or patents.
SEC. 7137. The attorney representing the state of Arkan-
sas is hereby instructed and required to dismiss all suits now
pending for school lands where patents or deeds have been
made therefor, as specified in section 7135, or if it does not
appear on the face of the pleadings filed that such patents
or deeds have been made, then the patent or deed may be
pleaded in bar of the suit, or the court may dismiss the suit
on exhibition and profert of such deed or patent ; and where
judgment or decree have been entered, and sale has not been
made, the state's attorney shall enter satisfaction in full
thereof on the presentation to him of such deed or patent.
SEC. 7138. If any purchaser of school lands shall have
paid the purchase money thereof, and received no deed or
patent therefor, or if any person now owing for school lands
bought shall hereafter pay out his indebtedness therefor,
and shall produce to the commissioner of state lands satis-
factory evidence of such payment, the commissioner of state
lands is authorized and required to execute to such person,
or to his legal representative, a deed conveying all the
right, title and interest of the state of Arkansas in such
lands ; but if payment has not been made before suit is be-
gun, the purchaser shall also pay the costs of the suit. Act
December 14, i8j$< as amended by act March 31, 1885, sec-
18, and act of February 16, 1885, sec. 2.
LEASE OF SCHOOL LANDS.
SEC. 7139. All school lands in any county in this state
susceptible of cultivation shall be leased by the county col-
lector of said county from the first to the tenth of January in
each year. Act April 12, 1869, sec. 12.
SEC. 7140. The manner and terms of leasing said lands
shall be by public outcry to the highest bidder, the lessee
paying one-half the amount of rent in cash at the time of
leasing and the balance at the end of the year. Ib.
102 SCHOOL LAWS.
SEC. 7141. At least twenty days' public notice of the
time and place of offering such lands for rent or lease shall
be given by said collector by publishing the same in the
newspapers of the county and by posting up hand-bills at
the most prominent points throughout the county. Ib.
SEC. 7142. If any school lands offered for rent or lease
at the time and in the manner above indicated shall not
bring such price as the collector shall think a reasonable
rent therefor, he shall be authorized to rent the same by pri-
vate contract for the ensuing year, or for a longer term if he
shall deem it expedient. Ib.
SEC. 7143. The occupants of school lands prior to the
passage of this act shall be required to pay a reasonable an-
nual rental during the time said lands had been so occu-
pied. Ib.
SEC. 7144. The lessees of school lands shall be subject
to the same provisions governing the lessees of other prop-
erty. Provided, It shall not be rented for a less amount
than was offered at public sale. Ib.
ACT xxxvn.
AN ACT to amend section 3325 of Sandels & Hill's Digest of
the Statutes of Arkansas.
SECTION
1. Amends section 3325. County treasurers not to deduct commissions
from same fund more than once.
2. Repeals all laws in conflict.
3. Act takes effect and in force from passage.
Be it enacted by the General Assembly of the State of Arkansas:
SECTION i. That section 3325 of Sandels & Hill's Digest
of the statutes of this state be and the same is hereby
amended so as to read as follows : He shall be allowed, as
commissions on the aggregate amount of all the school funds
of the county coming into his hands in anyone year, the rate
of two per cent, and no more ; Provided, That if any county
treasurer shall have taken commissions from any particular
SCHOOL LAWS. IC>3
school fund, the same fund shall not be subject to commis-
sions in the hands of his successor in office.
SEC. 2. That all laws and parts of laws in conflict here-
with be and the same are hereby repealed.
SEC, 3. That this act take effect and be in force from
and after its passage.
Approved March 12, 1895.
OPINIONS
OPINIONS.
APPLICATION OF FUNDS.
BY JONES.
I am, therefore, of opinion :
1. That the funds derived from the state and from the
per capita tax, and from the tax voted by the district at the
annual school meeting, after they reach the county treasury
and are apportioned by the county court to the school dis-
trict, become the absolute property of such district for the
purpose of maintaining public schools therein, subject to
disbursement on the warrant of the board of directors of a
separate school district.
2. That, in other than separate school districts, the school
directors may apply such funds to no other purpose than
those directed by a majority of the electors of the district
at their annual school meeting.
3. That, in other than separate school districts, the elec-
tors may, at their annual meeting, fix a site for the school
house, or raise money for building or purchasing a school
house ; Provided, The directors have given notice that, these
matters were to be submitted for consideration and action,
as required by section 69 of the school law of December 7,
1875.
4. That it is within the power of the board of directors
of separate school districts to apply any part of the fund
belonging to such district, which has not been otherwise ap-
propriated, to the purpose of building and purchasing a
school house, irrespective of the source from which such
fund came ; but that such power cannot be exercised by the
IO8 SCHOOL LAWS.
directors of other school districts, unless they have been
authorized to do so by the electors of the district at an an-
nual school meeting. See School 'Act of December 7, /#75/
Lee v. Trustees of School District 36 ; New Jersey Equity
Reports, 581 ; Sandels & Hill's Digest, chapter I^Q.
NOTE. — Most of the following opinions were made before the publication of
Sandels & Hill's Digest, and the sections are changed to correspond with those
in that digest.
RIGHTS OF PUPILS AS TO ADMISSION INTO
PUBLIC SCHOOLS.
BY JONES.
I have the honor to acknowledge receipt of your commu-
nication of the /th inst., in which you ask my opinion as to
the legality and binding force of the following resolution,
adopted by the board of directors of the school district of
Prescott, to-wit :
Resolved, That such children only are entitled to admis-
sion as pupils in the Prescott free school as were residing in
the school district of Prescott on the first day of the pre-
ceding September, and if names of such pupils do not ap-
pear in the enumeration, application for admission must first
be made to the school board ; Provided, That children of
bona fide residents who may attain to the school age during
the year may be admitted to the school.
The latter clause of section 7101, Sandels & Hill's Digest,
reads as follows: "The board," referring to the board of
directors of single school districts, " may make rules and
regulations for their own government, and for the dispatch
and regulation of the school business and affairs of the dis-
trict not inconsistent with law."
The supreme court of Iowa, in the case of Burdick v.
Babcock, ji Iowa, 362, 365, in speaking of certain rules
adopted by the board of directors of a school district by
which certain pupils were suspended from the school for
SCHOOL LAWS.
absence and tardiness, says : " Any rule of the school, not
subversive of the rights of the children or parents, or in con-
flict with humanity and the precepts of divine law, which
intends to advance the object of the law in establishing pub-
lic schools, must be considered reasonable and proper."
So, in this case, the single question seems to me to be :
Is the regulation of the Prescott board subversive of the
rights of the children and parents, or in conflict with hu-
manity and the precepts of divine law, and does it tend not
to advance the object of the law in establishing public
schools? If not, then it is unreasonable and improper, and
can not be enforced. And this is the question to be deter-
mined and should be determined, as 1 conceive, by ascer-
taining as nearly as possible the spirit and intention of the
legislature in dividing the counties into school districts, and
investing each of such districts with certain powers to be
exercised independently of others, and the scope and extent
of such powers.
We find article 14 of the constitution of this state, sec-
tion 3, that it is made the duty of the general assembly to
provide by general laws for the support of common schools
by taxes, not to exceed in any one year two mills on the
dollar on the taxable property of the state ; and by an an-
nual per capita tax of one dollar, to be assessed on every
male inhabitant of this state over the age of twenty-one
years. This much is imperative on the general assembly ;
but the same section provides that " the general assembly
may, by general law, authorize school districts to levy, by a
vote of the qualified electors of such district, a tax not to
exceed five mills on the dollar in any one year for school
purposes; Provided, further, That no such tax shall be ap-
propriated to any other purpose, nor to any other district
than that for which it was levied."
Thus, we see, school districts are recognized by the con-
stitution, and they are put beyond the power of the legisla-
IIO SCHOOL LAWS.
ture, so far as the levying taxes for school purposes within
their respective limits is concerned, and such tax can only
be levied by the vote of the electors of the district {Cole v.
Blackwell 38 Ark., 271); and can be appropriated to no
other purpose, nor to any other district than that for which it
was levied. The legislature is only authorized to confer upon
the districts the power to levy such tax, but can not com-
pel the levy. This power has been conferred, and each dis-
trict is made a body corporate, capable of suing and being
sued, contracting and being contracted with, acquiring and
holding property, etc., etc., etc.
Section 7113,2^., makes the provisions of the general
school laws of the state, so far as applicable and not incon-
sistent or repugnant with the provisions of the special act for
the regulation of public schools in cities and towns, apply
to districts organized under said special act. Under the
general school laws we find that the directors of each dis-
trict shall annually, between the first and tenth days of Sep-
tember, transmit to the county examiner a written report of
names and ages of all persons between the ages of six and
twenty-one years residing in their district on the first day of
September (sec. 7077, ib.) ; that the county examiner shall
make a similar report to the superintendent of public in-
struction on or before the twentieth day of September (sees.
7020 and 7023, ib.)\ and to the county clerk of his county
between the tenth and twentieth of September (ib., sec.
&995\ which shall be laid by the county clerk before the
county court (ib.t sec. 6996} ; and that the county court shall
distribute the distributive share of the county apportioned
by the superintendent to the several districts in proportion
to the number of persons within school age, respectively (ib.,
sec. 6993).
We further find that the directors " shall submit to the
district, at the annual meeting, an estimate of the expenses
of the district for that year, including the expenses of the
a r» i-\ .
OV TKS
SCHOOL LAWS III
school for the term of three months for the next year, after
deducting the probable amount of school moneys to be ap-
portioned to the district for that school year, and shall also
submit an estimate of the expenses per month of continuing
the school beyond the term of three months, and of what-
ever else may be necessary for the comfort and advance-
ment of said school " (ib.t sec. 7049}. And it is upon this
report that the qualified electors, at their annual school
meeting, act, when they determine the amount of taxes to
be raised out of the district for the support of its schools
The qualified electors of each district select the directors,
who are entrusted with the management of the school af-
fairs, and who in that capacity act as the representatives of
the electors.
From all these provisions of the constitution and laws of
the state, it seems apparent to me to be the policy of our state,
that each school district should have the care and manage-
ment of its entire school interests, independent of any con-
trol except the limitations prescribed by the law. How, it
may well be asked, can a district provide the necessary
means to carry on its schools, when persons outside of the
district, who have contributed nothing towards the support
or maintenance of the schools, shall have the absolute right
to bring their children within the district, after the time for
enumeration has passed, and compel their admission to the
school as a matter of right ? If it may be done by one per-
son, it may be done by a thousand, or more ; the principle
is the same. And thus we may find a school district which
has only provided the means necessary to support its own
children — and this is all it can be required to do — forced
to take into its schools other children for whom no provis-
ion has, or can be, made during the scholastic year, and
without the power to provide adequate means for such a
contingency. It could only result in disaster to the entire
112 SCHOOL LAWS.
school interests of the district, which could certainly never
have been within the contemplation of the law-makers.
The county court is empowered by the law to transfer
children from one district to another (ib., sec. 7062}. But
in every such case tax of such children, levied by the dis-
trict from which they were transferred, goes with them, and
is used for their education (ib.t sees. 7063 and jo6f). Why
does the law make such provisions, if it be true that the
right exists without such exercise of authority by the county
court? The very fact of the law making such provisions is
evidence of the fact that the right does not otherwise exist.
The regulation of the Prescott school board does not ab-
solutely exclude from the district school the children whose
names fail to appear on the enumeration list, but it merely
requires such children to make application to the board for
admission before they shall be entitled to enter the school.
By this means the board can judge whether such children
should or should not be admitted. If it should act arbi-
trarily or unjustly, and refuse admission to one lawfully en-
titled, the law has provided an ample remedy for such cases.
By the regulation the board can protect the district against
imposition and fraud, and the better advance the objects for
which free schools were organized.
I am, therefore, of the opinion that the regulation of the
Prescott school board, above set forth, is reasonable and
proper, and may be enforced
BY JONES.
Directors may not exclude children from any school to
which they are lawfully entitled to admission.
In answer to your communication of this date, in which
you ask my opinion upon the question, "whether the children
of school age of parents who have become bona fide residents
of a school district since the last enumeration are entitled
to admission into the public schools of the district free of
SCHOOL LAWS. 113
charge," I have the honor to say that I am of opinion that
they are so entitled.
This opinion is not at all at variance with my opinion to
you, of date March 10, 1885, contained in my biennial re-
port to the governor in December, 1886, at page 72 ab seq.
By reference to that opinion, it will be seen the question
presented to me was whether a certain regulation adopted
by the board of directors of the school district of Prescott
was legal and binding. The regulation was as follows :
"Resolved, That such children are only entitled to admis-
sion as pupils in the Prescott free school as were residing in
the school district of Prescott on the first day of the pre-
ceding September, and if names of such pupils do not ap-
pear in the enumeration, application for admission must first
be made to school board. Provided, The children of bona
fide residents who may attain to the school age during the
year may be admitted to the school."
In the conclusion of that opinion, I said : " The regulation
of the Prescott school board does not absolutely exclude
from the district school the children whose names fail to ap-
pear on the enumeration list, but it merely requires such
children to make application to the board for admission be-
fore they shall be entitled to enter the school. By this
means the board can judge whether they should or should
not be admitted. If it should act arbitrarily or unjustly,
and should refuse admission to one lawfully entitled, the law
has provided an ample remedy for such cases. By the reg-
ulation, the board can protect the district from imposition
and fraud, and to better advance the objects for which free
schools were organized."
The question now presented by you does not relate to the
power of such boards to make regulations and rules for their
own government, and for the dispatch and regulation of the
school business and affairs of the district, not inconsistent
with law. Such power is vested in them by the statute (Di-
114 SCHOOL LAWS.
gest, sec. 7101} ; but it is whether they can exclude from the
public schools any child who is lawfully entitled to admis-
sion. This they cannot do.
Directors should remember that the right to attend school grows out of bona
fide residence and not from an enumeration in a district or the payment of
taxes. When a man moves into a district with the intention of making it his
permanent residence, he acquires the right to send to the public schools at once.
The directors are to decide from all the circumstances whether the residence is
permanent or temporary. If temporary no free school privileges obtain. —
[SUPERINTENDENT.
BY JONES.
Power of county court to fill vacancies in office of county
examiner :
You refer me to section 7000, Sandels & Hill's Digest,
requiring the county court of each county, at the first term
thereof after each general election, to appoint a county ex-
aminer, and ask my opinion as to the power of the county
court to make such appointment at any other time when a
vacancy occurs in the office of county examiner. In reply
I will say, that the matter of making such appointments
being invested in the county court, it certainly has the
power to fill any vacancy which may occur, but the tenure
of office of such appointee will expire at the first term of
the county court which shall be held after the next general
election, when another appointment must be made.
BY JONES.
School directors may not teach in their own districts :
I have the honor to acknowledge receipt of your com-
munication of the 3d instant, in which you ask my opinion
upon the following questions :
" First — Can a school director be legally employed to
teach in the public schools of his own district?
"Second — If not, what remedy have the people, if the
directors presist in employing one of their own number to
teach ? »
SCHOOL LAWS. 115
In reply :
The f office of school director is one of trust. Previous
to the passage of the present school law he was called a
trustee. In many of the states such officers are still called
trustees. It is, however, immaterial whether the name be
director or trustee, the office is one purely of trust and
confidence, and the person filling it is governed by the
same rules of law which govern other trustees, in so far as
not to be allowed to make any profit from his office. It is
a well settled rule that a trustee cannot use the trust prop-
erty, nor his relation to it, for his own personal advantage.
All the power and influence which the possession of a trust
fund gives must be used for the advantage and profit of the
beneficial owners, and not for the personal gain and emolu-
ment of the trustee. No other rule would be safe.
By examination of the school law it will be seen that the
powers of the director are very large, and for the failure to
perform, or for neglect of any duties of his office, he is
liable to forfeit to his district the sum of twenty-five dollars.
Among his duties he is required to visit the schools at
least once each term, and encourage the pupils in their
studies, and give such advice to the teacher as may be for
the benefit of teacher and pupils.
By other sections of the law it will be seen what the duties
of the teachers are, and that it would be inconsistent with
those duties for him to be a director. In fact, if a director
were allowed to be a teacher in his own district, he would
have to make a contract with himself, and would be using
his position of trust for his own emolument and gain. This
cannot be legally done.
I am, therefore, of opinion, in answer to your first ques-
tion, that a school director cannot be legally employed to
teach the public schools of his own district.
As to your second question, if the directors persist in em-
ploying one of their own number to teach, the people of
Il6 SCHOOL LAWS.
the district can obtain redress through the courts to prevent
such an abuse of power. They can be enjoined from
doing so.
BY JONES.
Clerks may not charge fees for performing the duties re-
quired of them under the common school laws.
In answer to your inquiry, "Are county clerks entitled to
ask, demand or receive fees from the several school districts-
in their respective counties for performing the duties required
of them under the common school laws of the state — such,
for instance, as filing reports of organization, of elections,
of levy of school tax, of apportionment of common school
funds, or any other duty enjoined upon them by said law? "
I have the honor to say that the fees for clerks are regulated
by statute in this state, and that unless the statute fixes a
compensation for any particular service required of that
officer, he is not entitled to ask, demand or receive any for
the performance of it. See Cole v. White County, 32 Ark., 4.5.
By examination of the common school laws of this state,
it will be observed that there is no compensation provided
for the services required by the county clerks ; consequently
they are not entitled to fees for such services.
This is not a new question by any means, but has been
frequently passed upon by the courts of the various states
and by the English courts. From these decisions it may be
considered as established law that where the law imposes a
duty upon an officer he cannot claim a remuneration for ful-
filling it unless the law has expressly conferred such right.
I am, therefore, clearly of the opinion that clerks are not
entitled to fees for services required to be performed by them
under the common school laws of this state.
BY JONES.
A school director may not be elected by less than a ma-
jority vote.
SCHOOL LAWS. 1 1/
In answer to your inquiry, I have the honor to state that
all the powers vested in the electors of a school district, in
their annual school meetings, must be exercised by a major-
ity of the votes cast at such meetings, and that no power
can be exercised by Jess than such majority. Consequently
a director cannot be elected by less than a majority of the
votes cast at the meeting.
BY JONES.
Separate schools must be maintained in every district for
each race — directors have discretion but to maintain the
schools.
I am in receipt of your communication of a late date, in
which you say : " In a certain school district of this state
there are seventy-five or more white children of school age
and only four colored children of that age.
" In another school district there are seventy-five or more
colored children of school age and only four white children
of that age.
" I wish to know whether it is the duty of the school di-
rectors in the first mentioned district to provide a school for
the four colored children, and in the second mentioned dis-
trict for the four white children."
In reply :
Section I, article 14, of the constitution of the state, is
as follows :
u Section I. Intelligence and virtue being the safeguards
of liberty, and the bulwark of a free and good government,
the state shall ever maintain a general, suitable and efficient
system of free schools, whereby all persons in the state be-
tween the ages of 6 and 21 years, may receive gratuitous
instruction."
In compliance with this mandate of the constitution, the
general assembly has prepared a system of free schools, one
provision of which is as follows :
Il8 SCHOOL LAWS.
"The said board [of directors] shall make provisions for
establishing separate schools for white and colored children
and youths, and shall adopt such other measures as they
may judge expedient for carrying the free-school system
into effectual and uniform operation throughout the state,
and providing, as nearly as possible, for the education of
every youth." See sec. 704.1.
The constitution of .California, upon the subject of educa-
tion, is similar to ours. The legislature of that state enact-
ed that the education of children of African descent, and
Indian children, shall be provided for in separate schools.
In the case of Ward v. Flood, 4.8 Cal. Rep., 36, it is decided
that it is clearly within the power of the legislature to enact
such a law, and that a colored child may be excluded from a
white school, and a white child from a colored school, where
separate schools have been in fact established and main-
tained; but that "unless such separate schools be in fact
maintained, all children of the school district, whether white
or colored, have an equal right to become pupils at any
common school organized under the laws of the state." To
the same effect is the case of State of, ex rel. Stontmeyer, v..
Duffy, 7 Nevada Rep., 34.2.
In the case of Maddox, et al., v. Neal, et al., 45 Ark. Rep.,
121, the supreme court of this state says: "A wide range
of discretion is vested in these boards by the statute in the
matter of the government and details of conducting the
common schools, but in the nature of things, there is a limit
to this discretion. Some positive and imperative duties are
imposed upon them about which they have no discretion.
The first and most important duty of the board is to make
provisions for establishing schools. When the funds are pro-
vided, and the directors are not otherwise instructed by the
school meeting of the district, the duty to provide a school
for at least three months is mandatory, and the duty to es-
tablish separate schools for the whites and blacks is also in-
SCHOOL LAWS. IIQ
cumbent on them. All the provisions of the law in rela-
tion to schools, in conformity to the constitutional mandate,
are general, and the system, as far as the statute can make
it, is uniform. No duty is imposed upon or discretion given
to the directors about schools for one race that is not appli-
cable to the other. It is the clear intention of the constitu-
tion and statutes alike to place means of education within
the reach of every youth. Education at the public ex-
pense has become a legal right extended by the laws to all
the people alike. No discrimination on account of nation-
ality, caste or other distinction has been attempted by the
law-making powers. The boards of directors are only the
agents, the trustees appointed to carry out the system pro-
vided for. Their powers are no greater than the authority
conferred by legislation. They can do nothing they are
not expressly authorized to do, or which does not grow out
of their expressed powers. * * * The opportunity of
instruction in the public schools, given by the statute to all
the youths of the state, is in obedience, as we have seen, to
special command of the constitution, and it is obvious that
a board of directors can have no discretionary power to
single out a part of the children by the arbitrary standard
of color, and deprive them of the benefits of the school
privilege. To hold otherwise would be to set the discretion
of the directors above all law."
It appears clear to me, from the authorities, and in view
of the provisions of the constitution, and the statute above
cited, that it is the duty of the directors of each school dis-
trict to establish and maintain, with the funds at their dis-
posal, separate schools for the white and colored children
within their respective districts, so that every child of school
age shall have the full benefit thereof ; and I, therefore, con-
clude and so advise you, that this duty of directors is not
limited by the number of children of either kind in the dis-
I2O SCHOOL LAWS.
trict, but applies to one child as well as to seventy-five or
more.
NOTE. — This opinion represents the law as it stood at the time of its deliver-
ance. Since then the legislature has authorized the transfer of the children of
either race to adjoining districts where the number of either race in any district
is ten or less. Now, if said transfer had been made then no school need be
maintained. But where there are eleven or more children of either race they
have the right to demand a school and it is the duty of the directors to maintain
it out of the funds in their hands. See sec. 7062.
BY ATKINSON.
The treasurer of state to place the ten per cent, of the
sales of all state lands to credit of school fund.
I am in receipt of your favor of the i$th inst., in which
you ask my official opinion upon the following points, to-
wit :
(i.) Has section 6932 of Sandels & Hill's Digest been
repealed or amended ?
(2 ) If not, who should place to the credit of the school
fund "ten per cent, of the net proceeds of the sales of all
state lands ? "
(3.) How and by whom are the net proceeds determined ?
In reply. I am of the opinion that the section of the di-
gest mentioned by you has not been repealed or amended.
It seems to be the duty of the treasurer to keep books
which shall show from whom moneys have been received by
him and on what account. He is made the receiver of all
public moneys not expressly required by law to be kept by
some other person (see section 3255 of Sandels & Hill's Di-
gest). I am of the opinion that the treasurer should place
the funds mentioned to the credit of the common school
fund. See sec. 6139, Mansfield' s Digest.
Section 3210 of Mansfield's Digest makes it the duty of
the commissioner of state lands to make a statement of the
amount due or required by law for the purchase of state
lands, in which he shall state concisely the particular matter
or account for which said sum is to be paid, which is handed
SCHOOL LAWS. 121
to the purchaser of state land and by him turned over to the
treasurer. This would enable the latter officer to properly
credit the funds received by him.
BY ATKINSON.
1. Every transferred person must pay the tax voted in
the district to which he goes.
2. The tax which follows the person transferred is what
he actually paid on his realty and personalty.
3. Nature of assessment.
Replying to your favor of the 26th inst, wherein you refer
to me certain matters submitted by Duncan Flanagan, Esq.,
county judge of Clark county, relating to the construction
of sections 7062-4 of Sandels & Hill's Digest, I have the
honor to submit my opinion herewith.
You ask :
(i.) If a transfer of children be granted under section
7062, will the person applying for transfer pay the district
school tax voted in the district from which he was transfer-
red to the one in which his children have been transferred ?
(2.) If he has real estate in several districts, will all or
what part of the district tax follow the transfer ?
(3.) In case of transfer, in what district must the real es-
tate be assessed ; and, if assessed in the district from which
transfer is made, how can the district to which children have
been transferred obtain the benefit of the tax?
The act of December 7, 1875, merely provided that "the
district school tax " of the person whose children were trans-
ferred should be added to the school revenues of the district
to which he had been transferred, and should not be included
in the school revenues of the district wherein he remained.
The difficulty under this law was, that a person might trans-
fer his children to a district which levied a five-mill tax and
get the benefit of this tax, while his property was taxed as
belonging to the district in which he resided where he might
vote " no tax," and, if a majority of the voters so voted, he
122 SCHOOL LAWS.
would pay no tax. The tax was fixed by the district in
which he resided, but was turned over to the district to which
he was transferred when collected. This inequitable rule
was intended to be changed by the act of March 30, 1883,
and the more reasonable rule, " Qui sentit comwodum, sen-
tire debet et onus" adopted. Although very obscurely draft-
ed, the act sufficiently manifests an intention to transfer
both the property and children to the district to which the
tax-payer wishes to transfer for educational purposes. The
act provides that the elector may vote in the district to which
he had his children transferred. It is not to be supposed
that he could vote there if his property was assessable in
another district. The proviso that he could not vote out-
side of his political township was intended to prevent the act
from being unconstitutional under section I, of article 3, of
constitution 1874. If he chose to remove his children and
property out of his township and deprive himself of a right
to vote in school elections, that was his own affair. " Quili-
bet potest renunciare juri pro se introducto"
(l.) To your first question, therefore, I answer that a
person obtaining a transfer of his property and children to
an adjoining district will pay the district school tax voted by
the district to which he has been transferred.
(2.) The law only provides that as to the district school
tax, the property on which he paid in the district wherein
he resides should be transferred to the district to which
transfer of his children is made. This includes his tax on
personalty and realty lying in that district only.
(3.) In case of transfer, the property is assessed as if in
the district to which transfer is made. §ection 7064, San-
dels & Hill's Digest provides the way the accounts are to be
kept where the districts are in two counties.
BY ATKINSON.
School boards must act as corporate bodies and separately
as individuals.
SCHOOL LAWS. 123
You ask, " Can a majority of a board of directors of a.
school district bind the district by a contract for the em-
ployment of teachers, or for other purposes, without a full
meeting of the board ? "
This question has been frequently adjudicated by the
courts of the different states. I have collected a few ex-
tracts from them, which I present you, viz.:
In Herring ton v. District, 47 Iowa, ij, the court said
" While it is true that a majority of the board will govern
in the absence of a provision by statute, or in the articles of
incorporation, requiring the concurrence of a greater number,
yet their determination is valid only after the minority have
had an opportunity to be heard. A board must act as a
unit, and in the manner prescribed. The determination of
the members individually is not the determination of the
board. In McCullock v. Ross, 577, 5 Denio, the court said :
' The concurrence of a majority of the board when duly
assembled is requisite to constitute a valid act. The assent
of the members separately is not enough.' "
In Townsend v. School Trustees, 41 N.J. L., J/J, it was
held :
"The duty of these trustees, in the selection of teachers,
was not ministerial merely ; they were obliged to examine
into the qualifications of teachers, and to exercise judgment
and discretion in their selection ; it was the performance of
an important public duty, in the execution of which confer-
ence and comparison of judgments were necessary in reach-
ing proper results. It was an act judicial in its nature, and
the general rule governing such bodies so acting is, unless
special provisions of the is otherwise made, that all must
meet, or have notice to meet, when official action is in-
tended." * * * * " It was clearly not the intention of
the legislature, in the school law, to confer upon the indi-
vidual members constituting the board of trustees the power
of acting separately in the selection and . appointment of
124 SCHOOL LAWS.
teachers. The intention was to have them act and confer
together, the result of their combined judgment, or of the
majority of them, constituting a single act."
In the State ex rel. v. Leonard, j Cooper's Ch., 179, it is
said :
"Neither the majority nor the whole of these had power
individually to grant such permission. It could only be
given by them when assembled as a board."
" It was evidently contemplated by the legislature that a
school district should have the benefit to be derived from
the united experience and wisdom of all the members of the
board." People v. Peters, 4. Neb., 254.
In Wilson v. Waltersville School District, 4.6 Conn., 4.07 ', it
was held :
"The rule of the common law undoubtedly is that public
agents may act by majorities, provided all are present, or
have proper notice, to be present.
"Their duties are important, and require the exercise of
sound judgment and discretion, and their action in the em-
ployment of teachers may be attended with important con-
sequences, both pecuniary and moral. When several per-
sons are appointed it would seem to be for the very purpose
of giving the district the benefit of the combined judgment
and good sense of all."
I am of the opinion that the rules for the government of
school boards, as promulgated in the foregping decisions,
are correct and proper, and shoujd be recommended by you
for the observance of those acting in that capacity in our
state.
BY KINSWORTHY.
Junius Jordan, Superintendent of Public Instruction :
DEAR SIR — I have the honor to acknowledge receipt of
your recent communication requesting me to answer the fol-
lowing question :
II When does a newly elected member of the board ofdi-
SCHOOL LAWS. 125;
rectors of a special school district become an active member
of the board?"
Answering this question, I have this to say :
Section 7091 of Sandels & Hill's Digest states that annually
on the third Saturday in May, there shall be elected two di-
rectors who shall serve three years and until their successors
are elected and qualified. This section does not state that
said directors shall hold three years from the date of their
election, but that they shall hold three years from the day
they begin to serve.
Section 7098 of Sandels & Hill's Digest states : " Each
person. elected director shall take the oath of office within
five days after receiving a certificate of election." While
the directors are elected on the third Saturday in May, they
are given five days from the date they receive their certifi-
cate of election in which to qualify ; so if a director qualifies
within the said five days his term of office would begin the
day he qualifies and end three years from that day, provided
his successor qualifies on or before that day.
I am, therefore, of the opinion that a newly elected director
can be qualified as soon as he receives his certificate of elec-
tion, but that his term of office would begin upon the day
his predecessor's term of office expires, which day would
be three years from the date he began to serve as director,
provided that time was within five days after he received a
certificate of election ; if not, his term of office would begin
the fifth day after receiving his certificate of election.
In giving this opinion I have not been unmindful of section
7100 of the digest, for this section cannot change the pro-
visions of the sections previously mentioned, as this section
is a part of the act of 1885, and the above mentioned sec-
tions are a part of the act of 1893, so the latter act repeals
the former act wherever and whenever they come in conflict..
Yours respectfully, E. B. KINSWORTHY,
Attorney General.
APPENDIX.
APPENDIX.
FORMS FOR THE USE OF SCHOOL OFFICERS.
Form I. Examiner's Requisition Blank.
OFFICE OF COUNTY EXAMINER,
.18.
To the State Superintendent of Public Instruction,
Little Rock, Ark.
SIR : The blanks and blank books needed for a proper administration of
the public school affairs of this county are as follows :
No. on Hand
No. Required
Examiner's Record »
Annual School Meeting Notices
Directors' Estimates of District Expenses
Certificate of Election of School Directors
Certificates of Tax Levied ...
Directors' Oaths
Directors' Annual and Enumeration Reports
Contracts between Directors and Teachers
Directors' Warrant Books
Examination Notices
County Examiner's Annual Reports
Teachers' Certificates
Directors' Records
School Laws . * .
County Institute Notices
Poll-Books . .
No. of School Districts in the County
Directions for shipping the above.
Respectfully,
County Examiner.
S— 9
I3O SCHOOL LAWS.
Form II.
ANNUAL SCHOOL MEETING.
NOTICE.
There will be an Annual School Meeting of the Electors of School District
No County, at
, the third
Saturday in May, 189.... At this meeting the following matters will be sub
mitted to the consideration and action of the Electors of said District :
It is desired that every Elector be present.
Directors.
Date 189....
Directors will please bear in mind that this notice must be posted in three
or more conspicuous places, at least fifteen days before the time of meeting, and
that the objects of this meeting must be inserted in the appropriate blanks above,
as provided for in section 7035 of the present School Law of Arkansas.
SCHOOL LAWS.
Form III.
DIRECTORS'
ESTIMATE OF DISTRICT EXPENSES.
Electors of School District No County of
State of Arkansas.
\Ve respectfully submit, in accordance with Section 7049 of the School Law, the
following as our estimate of the expenses of the Public Schools in this District, for the
term of three months during the present scholastic year, beginning the first of last July,
and of the expenses per month of continuing the schools longer than three months.
AMOUNT NECESSARY.
For Teachers' Salaries '
For Purchase or Lease of Sites
For Purchase, Erection or Hire of Houses
For Repairs of Houses and Grounds
For Fuel and Incidental Expenses..
P"or Furniture, Apparatus, Light, &c
For other purposes
Total
Amount which we will probably receive from the State Apportionm't
Remainder to be raised by a District Tax ..I
Expense for continuing the schools longer.than
three months, at dollars per month ! '
Total amount to be raised bv District Tax
The above estimate is respectfully submitted for your consideration and action.
• Directors.
Dated, May
132 SCHOOL LAWS.
Form IV.
CERTIFICATE OF ELECTION OF SCHOOL
DIRECTORS.
STATE OF ARKANSAS, )
SCHOOL DISTRICT No
County of. )
We hereby certify that at the Annual School Election held on the.
day of May, 189 /
was elected School Director for the next years.
Judges.
This May, 189
(See Section 7036, School Law.)
SCHOOL LAWS. 133
Form V.
CERTIFICATE OF JUDGES AND CLERKS OF
SCHOOL ELECTION.
STATE OF ARKANSAS,
County,
District Xo.
We hereby certify, that the election held on this day, in District Xo
County, Arkansas, pursuant to law,
the number of votes hereinafter mentioned were cast for the several persons named be-
low for Directors, and for and against Tax, and amount of Taxes voted.
For Directors
X'o. Votes
Received
For Tax
X'o. Votes
Received
Mills
Whole Xo of Votes Ca«;t
Whole Xo. of Votes Cast
Against Tax
For Teachers' Salaries
For Purchasing or Lease
For Building or Repairing
For Furniture and
Given under our hands this.
ATTEST :
.dav of ... ....A. D.
Clerks.
Judges.
NOTE. — This form is a part of the poll book which is furnished by the examiner to
each district.
134 SCHOOL LAWS.
Form VI.
DIRECTORS' OATH.
I, , do solemnly swear
(or affirm) that I will support the Constitution of the United States, and the Constitu-
tion of the State of Arkansas, and that I will faithfully discharge the duties of the
office of Director of District No upon which I am
about to enter.
Post-office
Sworn and subscribed to before me this .-. day of
189 '
County Clerk.
See Section 7036, School Law.
SCHOOL LAWS.
135
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SCHOOL LAWS.
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SCHOOL LAWS. 137
Form VIII.
TEACHER'S CONTRACT.
STATE OF ARKANSAS,
County of
THIS AGREEMENT, between
as Directors of School District No in the County of
State of Arkansas, and t
who agrees to teach a Common School in said District, is as follows:
The said Directors agree upon their part, in consideration of the covenants of said
'Teacher, hereinafter contained, to employ the said to teach
a Common School in said District, for the term of months, commencing
•on the day of A. D. 189 , to pay therefor in the
manner, and out of the funds provided by law, the sum of Dollars,
for each school month.
Said Directors further agree that all the steps required or allowed by law to be taken
by said District and its officers, to secure the payment of teachers' wages, shall be so
had and taken promptly, and the requirements of the law in favor of the teacher,
complied with by said District.
The Teacher, on part, agrees to keep school open hours each
school day; keep carefully the Register required by law; preserve from injury to the
utmost of. power the District propertv; give said school ...entire time and
best efforts during the school hours; use utmost influence with parents to secure
a full attendance of scholars, and generally to comply with all the requirements of the
laws of this State in relation to Teachers to the best of ability.
Signature —
Directors.
Teacher.
Date 189 Place
(See Sections 7042 and 7043 of School Law.)
138 SCHOOL LAWS.
Form IX.
BLANK WARRANT.
DISTRICT SCHOOL FUND, DISTRICT No „.
189
To Treasurer County, Ark. :
Pay to or Order
the sum of 1 ... DOLLARS,.
100
for . } out of the
Fund.
Directors.
(See Sections 7051 and 7052 of School Law.)
Form X.
FOR PUBLIC EXAMINATIONS.
NOTICE.
Notice is Hereby Given that there will be a
PUBLIC EXAMINATION OF TEACHERS
At
the ..days
of A. D. 189 , to ascertain the
Professional Qualifications of all persons desiring to teach in the PUBLIC SCHOOLS
of County.
County Examiner..
County, Arkansas.
Date
(See Section 7009 of School Law. "I
SCHOOL LAWS.
'39
Form XI.
STATEMENT
OF THE PUBLIC SCHOOL FUNDS OF
THE YEAR ENDING JUNE 30,
COUNTY, FOR
Amount Received.
U. S.
Currency.
State
Scrip.
To
tal.
Aggregate.
Balance on hand June 30, 189 —
"""
From Common School Fund (State)
" District Tax
" Poll Tax
" Sale or Lease of Houses or Sites
" Grants or Gifts
" Other Sources
Total
™^™
«—» •
""""
™"
Amount Expended.
U. S.
Currency.
State
Scrip.
Total.
For Teachers' Salaries
" Purchasing Houses or Sites
" Building and Repairing
" Purchasing Apparatus, etc.
" Treasurer's Commissions
" Other Purposes
_
Total
—
—
—
Balance in County Treasury Unexpended.
U. S.
Currency.
State
Scrip.
Total.
Of Common School Fund
" District Fund
" Funds from all other Sources
_
—
—
Total
STATE OF ARKANSAS, ^
County of )
I do hereby certify that the foregoing is a correct state
ment of the Public School Funds of County, for the
year ending Ju»e 30, 189
County Treasurer.
Date
(See Section 7084 of School Law.)
140
SCHOOL LAWS.
FORM XII.
REQUIREMENTS — NOTHING BELOW FIFTY TO BE CONSIDERED.
For First Grade — Arithmetic, Grammar, Orthography, Eighty-five per cent each;
Average of Eighty-five per cent in the remainder.
For Second Grade — Arithmetic, Grammar, Orthography, Seventy-five per cent each;
Average of Seventy-five per cent in the remainder.
For Third Grade — Arithmetic, Grammar, Orthography, Sixty per cent each; Aver-
age of Sixty per cent in the remainder.
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SCHOOL LAWS.
Form XIII.
CERTIFICATE OF SCHOOL TAX LEVIED.
ARKANSAS.
Office of School Directors, District No
TO THE HONORABLE COUNTY COURT
of. .................................................. County, State of Arkansas:
We hereby certify that at a meeting of the voters of School District No ...................
in ............................................. County, held on the ............... day of ........................ 189 .......
it was voted that the following number of mills .................................................................
be levied on the taxable property in said District, for the following school purposes,.
to-wit :
Expense of Teachers, - ......... ......... Mills.
Purchase or Lease of Site, - - - .................. Mills.
Purchase, Erection or Hire of House, - .................. Mills.
Repair of House and Grounds, ................. Mills.
Fuel, .................. Mills.
Furniture, - .................. Mills. •
Other 1 ..................................................................... ............... Mills.
Purposes, \ .......................... ." ........................................... ................. Mills.
Total Amount ........................................................ Mills.
And your Honorable Body will please levy a tax on the taxable property of this-
District equal to the above total amount, in accordance to law.
Attest:
Directors.
Chairman.
Dated this day of....
H2 SCHOOL LAWS.
Form XIV.
NOTICE OF COUNTY INSTITUTE.
Office of COUNTY EXAMINER,
189....
BOARD OF DIRECTORS, DISTRICT NO
You will notify all Teachers holding Certificates of Qualification to teach in
Public Schools, that a Teachers' Institute will be held at
on the
>days of 189
Also that Section 7073 as amended of the School Law requires their attendance.
Urge upon them the importance of attending.
Very Respectfully,
County Examiner.
SCHOOL LAWS. 143
Form XV.
OATH OF JUDGES
OF SCHOOL ELECTION.
STATE OF ARKANSAS,
County of
\Ve,
and do swear that we will
perform the duties of Judges of this election according to law, and to the best of our
abilities, and that we will studiously endeavor to prevent fraud, deceit and abuse in con-
ducting the same, and that we will not disclose how any elector shall have voted, unless
required to do so as witnesses in a judicial proceeding, or a proceeding to contest an
election.
Judges.
Form XVI.
OATH OF CLERKS
OF SCHOOL ELECTION.
STATE OF ARRANSA^. j
nt of .............................. : ................ ;
STATE OF
County
We .......................................................................................................................
and .......................................... ........................... '.... .................. do swear that we will
perform the duties of Clerks of this election to the best of our abilities ; and that we will
faithfully record the names of all voters; and that we will not disclose how any elector
shall have voted, unless required to do so as witnesses in a judicial proceeding, or a pro-
ceeding to contest an election.
Clerks.
I DO CERTIFY, that
and Judges, and
and
Clerks, of the election held in District No on the day of
189 .... , were severally sworn as the law directs, previous to entering upon their respec-
tive duties.
Given under my hand as such this day of 189
(NOTE— Forms V, XV and XVI are parts of poll-book.)
INDEX.
ANNUAL SCHOOL MEETING : PAGE.
How constituted 42, 82
Who may vote 42
Quorum 42, 84
Powers of 42, 43, 44, 45, 82
Who to hold 46, 82
Ballot 46
How to count the votes 46
Duties of county court ... 47
APPARATUS :
What amount may be expended for 55
To be approved by whom 55
APPORTIONMENT :
By superintendent 19
By county court 27, 28, 29, 90
Basis of 27,19
ATTESTATION :
Of reports 61
AUDITOR:
Duties of concerning common school fund 13
Superintendent of public instruction has access to books of 20
ATTORNEY GENERAL (See Opinions}:
Duties of as to common school fund 14, 97
Opinion of, when given 20
Opinion of. 107 et seq.
AUTHENTICATION :
Of any paper or document 22
B
BLANKS:
Forms of 129 et seq.
To be furnished by state superintendent 16
11 INDEX.
BRANCHES :
For state certificate 21
For county certificate 36, 37, 140
For county examiner's certificate 32
BOOKS :
List of prepared by superintendent 22
To be adopted by directors 55
BOOK AGENTS :
State superintendent not to act as 21
County examiner not to act as 21
BOUNDARY LINES:
Of school districts changed by court 26
BUILDINGS :
Report to be made of 62
Care of, in whose hands 51
Site for, how designated 43
c
COMMON SCHOOL (See Free School):
COMMON SCHOOL FUND (See Free School Fund) :
Collection of n, 12, 13, 97
No cost where plaintiff is unsuccessful 13
Whence received II, 12, 13
Debts due 13, 97
County treasurers' commission on 102
COLLECTORS :
Duties of as to per capita tax 13
COMMISSIONERS, COMMON SCHOOL 13 et seq.
How composed , 13
Time and place of meeting 13
Who presides 14
The secretary of 14
Record of 14
General duties of 14, 15
CORPOREAL PUNISHMENT ...66 et seq.
COUNTY CLERKS:
Duties of 20, 29, 32, 1 16
COUNTY COURT:
Apportionment by 12, 27, 29
Change of districts 24, 25
To appoint county examiners 30
INDEX. lit
COUNTY EXAMINER (see examiner) 30 et seq
CERTIFICATES :
State , 21
County, form of 23, 140
Requirements 36, 37
Revocation of 36, 37
CHARTS 55
COUNTY, NEW, ETC 30
CONTRACTS GENERALLY 52, 53, 54, 57, 58, 59
CLERK BOARD OF DIRECTORS 43, 46, 60
D
DISTRICTS 10, 12, 24, 25, 26, 27, 88, 89
Dissolution of . . . , 25
Boundaries of 24, 25
Changes of 24, 25, 26
Style and name of 25
Powers of 26
New districts 26, 29
Special or separate districts 81 et seq.
Transfers from one to another 70, 71,72
Vacancy in office of. 49, 83
Rights of parties 72
Must be numbered 40, 41
Inhabitants of to be encouraged, how 38, 39
May be dissolved by county court , 24
DIRECTORS 47 et seq.
Become active members of board when .... 124, 125
How elected 43, 47, 81, 82
Cannot be elected without majority vote 1 16, 117
Duties of. 48-73, 84, 85, 86
May not be county examiners 32
When to qualify 48, 84
Who to administer 48
Penalty for refusing to serve , 48, 49
Penalty for non-performance of duty 49, 73
Penalty for failure to report tax 73
Vacancy, how filled 49, 83
Must establish separate schools 49
Must act as corporate bodies , . 122, 123, 124
Have general charge 50, 5 1 . 85
Must contract with teachers 52, 53, 85
IV INDEX.
DIRECTORS— Continued.
Must adopt text books: , . . 55
Must furnish register 55
Must visit the school > 5 5, 56, 90
Must submit estimate 56, 57
Must defend for district 59
Must draw orders on treasurer 59, 88
Must not teach in their own districts 114, 115
Must close schools on examination days 72, 76
Du ties as to notices 36, 59, 60
Duties of clerk of board 60, 88
Must report to county clerk 61
Must report to county examiner 61
Must settle with county treasurer 62
May permit elder persons to attend 70
May suspend pupils 63 et seq.
Duties as to rules 63 et seq.
Duties as to transferred children 71
Duties as to private schools 72
Exempt from working roads 72, 73
Penalty for failure to report tax levied 73
For separate school districts 81 et seq.
DISBURSEMENT OF FUNDS 79
DECISIONS 107 et seq.
DISTURBANCE OF SCHOOL 78
DICTIONARIES 55
E
ELECTION :
School 42, 81, 82
Who may vote 42
How to organize 42, 43, 46
What may be done at 42, 43, 44, 45, 46
Who to hold 46
Time for opening and closing poles 46
Form of ballots 46
Who to count 46
Duties of election j udges 46, 47, 82
Duty of county clerk 46, 47
Duty of county court 46, 47
In separate school districts 81, 82
Majority to elect 116, 117
INDEX. V
ELECTORS :
Must have pole tax receipt . . « 42
Powers of 42, 43, 44, 45
When to meet 42
ENFORCEMENT:
Of rules 63 et seq.
ENUMERATION :
Report of . , 61, 62, 63
EXAMINATIONS:
Must be public and quarterly 33, 35, 36
Only teachers deserving license must teach 76
Private 38, 39
Re-examination 35, 36
Schools must be closed 72
Not to be held at time of institute 76
Teachers not to be charged for loss of time 76
EXAMINERS:
Appointment of 30
Duties of clerk 32
Duties of judge 30, 31
Duties of state superintendent 32
Examination of 32
Examination a personal service 33, 34, 35
Expenses of '. 41
General duties of 31 et seq.
How removed 41
Institutes must be held by 76
May appoint deputy 41
May not be a director 32
Must hold public quarterly examinations 35
Must present expense account 41
Must keep record of licensed teachers 38
Must prepare a report 29, 40
Must number school districts 40
Must encourage the people 38, 39
Penalties for failure to perform his duties 41
Qualifications 33
Reports to county clerk 29
Revocation of license 36, 37
Salary of 33, 41
What to examine 36, 37
When to examine 33, 35
VI INDEX.
EXAMINERS— Continued.
When to qualify , 32
Who are excluded from examinations 36
Who may be cited to be re-examined 36
Vacancy in office of 114
ESTIMATE:
Of school directors 56, 57, 58
EXEMPTIONS:
From road duty 72, 73
FEES:
Exaction of 86, 87, 1 16
Of justice of the peace and other officers 13
Exaciion of 86, 87
Of surveyor .- 94
Of clerks 82, 95, 1 16
Of county examiners 32, 33
FORMS:
For use of school officers 1 29 et seq.
FREE SCHOOLS:
Definition of 10
High schools may be 1 1 , 88
Failure of county to receive school fund 30
Fund, common school n, 12, 13, 102
Claims due, how collected 13, 97
Limit of taxes for 9-47
Per capita tax for 9,12
Power to tax for '. 10
Right to attend 9, 63, 70
Support of. 9, 10
What may be taught in 37, 77
FUNDS:
Common school II, 12, 13, 102
Treasurers to report 79, 80
Treasurers' commission on 102
To be invested 14
How apportioned 19, 27, 90
How paid out of state treasury 20
G
GLOBES 55
GRADES OF CERTIFICATES 21, 22, 37
INDEX. Vll
H
HIGH SCHOOLS MAY BE SUPPORTED BY TAXATION 1 1 , 85, 86
I
INSTITUTES:
State Superintendent to hold 16
County examiner to hold • — 7^
Not to be held at time of examination 76
Teachers must attend 7°
County Normal Institute 23
INCOMPETENCY OF TEACHERS 37> 87
J
JUDGE, COUNTY (See County Court}: 12, 30
L
L/VND SURVEY, ETC.:
Required to be taught 37
LEASE OF SCHOOL LANDS 101, 102
LICENSE, COUNTY . „ 37
Unlawful without examination 38
State, requirements for 21
M
MONTH:
Term defined 54
MAPS 55
MAYOR:
Duties of in separate districts 81
MEMORIAL:
House No. i 96
NORMAL SCHOOLS:
Power to support by taxation .' 1 1
County normal institutes 23
Teachers must attend 76
Length of county normal 24
District normals 24
NOTICE :
Of annual school meeting 59. 60
Of petition for transferred children 71
Of county examiners 36, 76
Of change in district 25
For separate districts 81,83
Vlll INDEX.
o
OFFICE OF STATE SUPERINTENDENT 16
OATH OF OFFICE 32,48,84
OFFICERS:
Election of, how certified 61
OPINIONS OF ATTORNEY GENERAL :
Application of funds 107, 108
As to clerk's fees 1 16
As to separate schools 117, 118, 119, 120
. Directors must receive a majority 1 16, 1 17
Directors serve, how long. 124, 125
Duties of treasurer 1 20
Duties of transferred persons 121, 122
Power of court to fill vacancy 114
Rights of pupils 108—113
School boards, corporate bodies 122, 123, 124
School directors as teachers 114, 115
Directors become active members when 124, 125
PUBLIC SCHOOL (See free School) :
Private schools can not be based upon public taxation 10
PROSECUTING ATTORNEY :
Duties of as to school fund 14, 80
PERMANENT SCHOOL FUND 12
PENALTIES 41, 48, 49, 62, 73, 78, 79
PRIVATE SCHOOL 72
No taxation for support of 10
POLL BOOKS:
To be used by directors in annual meeting 17
PATENTS 99, 100, 101
PETITION :
For separate school 81
For transfer 70, 71
PUNISHMENT 66
Q
QUESTIONS :
To be furnished by State Superintendent 16
INDEX. 1*
R
RACES, SEPARATE SCHOOLS FOR 49, 7 1
RIGHTS :
Of district over funds
Of parties transferred 7*, 121, 122
Of pupils into public schools 108, 109, no, in, 112, 113, 114
REGISTERS :
Form of • • • • 25
Who to furnish 16, 25
Directors must procure 55
Teachers' duties 75' 77
RE-EXAMINATIONS :
Required 35> 38
Renewals of certificates 3^
REVOCATION OF LICENSE 36> 37
RECORDS:
Of state supnrintendent *6
REPORT :
Of state superintendent J7
Of county examiner 4°
Of school directors to county examiners 61, 62
Of school directors to county clerk 61
REMOVAL :
Of teacher 37, 87
Of county examiner ^ 41
RULES :
What may be prescribed by State Superintendent 16
Of directors and teachers 63 et seg.
s
SEAL OF STATE SUPERINTENDENT 22
SECRETARY OF STATE :
One of board of commissioners 13
Shall be president of board 14
May call meeting of board I3» H
SEPARATE SCHOOL DISTRICTS 81 et seq-
SEPARATE SCHOOLS :
For both races 49» 71* 120
SALARY OF EXAMINERS 32, 41
SCHOOL DIRECTORS (see directors) 47 ** ™3-
SCHOOL DISTRICTS (see districts) 24 et seq.
X INDEX.
SCHOOL LANDS 91 et seq.
SCHOOLS FOR CITIES AND TOWNS 81 et seq.
SCHOOL HOUSES:
Tax must be voted for 43, 44
Director to have charge of and contract for 51, 55
Not lawful to fix a site for, or vote tax for, when 60
Private school may be taught in 72
SCHOOL LAWS :
State superintendent to publish 20
SECTARIAN BOOKS PROHIBITED :... 77
SIXTEENTH SECTIONS 12, 91, 92, 93, 94, 96
SPECIAL SCHOOL DISTRICT 81 et seq'
STUDIES :
Report of 6 1
SUITS AT LAW:
Direcrors duties 59
STATISTICS 19
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION :
Duties of with reference to common school fund 14, 17, 18
Apportionment by 19, 21
General duties of 13 et seq.
To publish laws and render decisions . . . . , 20
Vacancy in office 21
Not to act as agent 21
To grant state certificats 21
To recommend books, etc 22> 55
Must examine county examiner 32
SUPERVISION OF PUBLIC SCHOOLS:
To whom confined 15, 1 6
STATE LANDS, TEN PER CENT OF SALES 1 1, 120
SUSPENSION :
Power of 63
T
TAXATION FOR SCHOOLS 9, 10, u, 46, 47
For normal and high schools 1 1
TEACHERS' INSTITUTES 23, 76
TEACHERS :
Assistants must hold license 53> 75
Assistants must have contract 53
Cannot suspend pupils 63
INDEX. XI
TEACHERS— Continued.
Causes for revocation of license 36, 37
Certificates, grades of. 21, 37
Certificates cannot be renewed 38
Certificates, valid, for how long 38
Certificates expiring while teaching, effect of 73» 74
Characteristics of good teachers 34, 35
Examination of 35
License expiring while teaching, effect of 73» 74
May have license revoked 36, 37
Moral character of 36
Must pay fees to county treasurer 32
Must contract with directors 52, 53, 54, 75
Must hold license 52, 73, 75
Must use register 55» 75> 75
Must be reported by directors 6 1
Must report infraction of rules 63
Must ba examined : . . . . 35 , 36
Must believe in a supreme being 36
Must teach common school branches 37
Must be re-examined, when 3g
Must attend county institutes 76
Must not permit sectarian teaching 77
Must not be charged for loss of time, when 76
Penalty for failure to report 77
Penalty for teaching without license. ... 73, 74, 75
Power as to rules 65 ,66, 67
Power as to corporal punishment 66
Superintendent must hold license when 54, 73, 75
Superintendent must have contract 54, 75
What teachers must report 55
With certain vices, may not teach 36
Wages, how affected by revocation 37
Removal of 37» 87
TEXT BOOKS :
State superintendent to prepare list of 22
Directors to adopt .• . . . 55» 86
TAXES :
How voted and levied 13, 43, 46, 47
How collected 13, 47, 71, 72, 73
TREASURER:
State , 22, 36, 120
County 22, 36, 78, 79, 80
Xll INDEX.
TREASURER— Continued.
Orders of directors upon 59, 74
Duties as to funds of transferred children 71, 121, 122
Commission on school fund 102
TRANSFERS :
General power 25, 70, 121, 122
Colored children, ten or less 71
White children, ten or less 71
Taxes of ^ 72, 121
Rights of 72
TRESPASS 78
U
UNIVERSITY :
Power to support by taxation 1 1
V
VACANCIES:
In office of Superintendent of Public Instruction 21
In office of examiner 41
In office of director 49, 83
VISITATION :
Of directors 55, 56
In separate districts 86, 90
VIOLATIONS OF SCHOOL LAW 80
WARRANTS 59, 78, 88
Statutes of limitation run against 59
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