I
L B
IC-NRLF
SB 50 bEM I
"'Vublic School Laws
OF LOUISIANA
Sanitary Regulations of the State Board
of Health
AND THE
Important Decisions of the Supreme Court
of Louisiana, Relative to Schools
EIGHTH COMPILATION
(Containing All Laws, Regulations, etc., Now in Force.)
T. H. HARRIS, STATE SUPERINTENDENT.
1912
GIFT OF
Public School Laws
OF LOUISIANA
Sanitary Regulations of the State Board
of Health
' \
AND THE
Zf'l 6 f'i
Important Decisions of the Supreme Court
of Louisiana, Relative to Schools
EIGHTH COMPILATION
(Containing All Laws, Regulations, etc., Now in Force.)
T. H. HARRIS, STATE SUPERINTENDENT.
RAMIRE8- JONES ^Ihteg^ro BATON ROUGE, LA.
\
INDEX
CONSTITUTIONAL PROVISIONS.
PAGE
Books for Indigent Pupils 10
Debt due A. & M. College 9, 10
Debt due Seminary Fund 9
Eligibility to public office 10
Establishment of Educational Institutions 10
Free Schools for Children between 6 and 18 6
French Language * 7
Inheritance Tax 11
Interest due Townships 9
Louisiana Industrial Institute 9
Louisiana State Normal School 9
Louisiana State University 8
Parish School Boards 6, 7
Parish Superintendent 6, 7
Poll tax kept in Parish 7
Poll tax of $1.00 5
Private and Sectarian Schools 7
Property Exempt from Taxation 5
School Bonds 12
School Funds — Cannot be used to aid religious or private
schools 5
School Funds — Sources 7
Special School Tax 5, 6, 11
State Board of Education 3, 6, 7
Southwestern Louisiana Industrial Institute 9
Southern University 9
State Superintendent 6
Three Mill Tax for Schools 14, 15
LEGISLATIVE PROVISIONS.
A
Agriculture and Home Economics (A. 306, '10) 108
Agricultural Schools — State Appropriation (A. 186, '12). 57
Annual Reports — Parish Superintendents (S. 29, A. 214,
'12) 25
Appropriations for Education— 1912-1913, and 1913-
1914 128-130
Associations, Parish Teachers (S. 39) 27
Assessors' Fees (A. 213, '08) 59
Attorneys for Public Boards (A. 125, '12) 48
Attorney General, Required to give opinions (S. 26, A.
214, '12) 24
ii INDEX — Continued
B PAGE
Bird Day (S. 14, A. 198, '06) 64
Bonds Forfeited (S. 64) 65
Branches Taught (S. 16, A. 214, 12) 21
Budget of Revenues (S. 68, A. 214, 12) 35
Buildings, Light in 125
Buildings, Contracts for (S. 7, A. 214, '12) 18
Buildings, Disinfecting (S. 46) 126
c
Clerk of Court— report on poll taxes (A. 87, '86) 87
Closets 127
Columbus Day (A. 56, '10) 64
Commissioner of Military Records (A. 73, '12) 52
Communicable Diseases. 126
Compulsory Education for Orleans (A. 232, '12) 55
D
Deducting Fees of Witnesses and Jurors for Poll Taxes
(A. 87, '86) 87
Demonstration Farms Established by Police Juries (A.
145, '12) 45
Deposit of School Funds (A. 282, '08) 100
Diseases, Communicable 126
Disinfecting School Buildings 126
Dismissal of Teachers (S. 46, A. 214, '12) 29
District Attorney, Counsel for School Board (S. 8, A.
214, '12) 19
Doors Opening Outward (A. 91, '08) 125, 108
Domestic Science Schools — State Appropriation (A. 186,
'12) 57
Donations to Public Schools (A. 158, '04) 58
Draining School Premises 126
Drinking Cups 127
Drinking Water 127
E
Education, Compulsory for Orleans (A. 73, '12) 55
Enumeration of School Children (S, 69, A. 214, '12) 36
Expropriation of Property for School Sites (S. 1492, R. S.,
and A. 227, '02) 59
Examination of Teachers (SS. 47-58, A. 214, '12) 29, 30
Examining Committee 29, 30
Exemptions from Jury Duty (A. 89, '94) 109
INDEX — Continued iii
r PAGE
Farmers' Co-Operation Demonstration Work (A. 69, '12) 44
Fees of School Children (S. 9, A. 214, '12) 19
Fees of Assessors (A. 213, '08) 59
Fees of Tax Collector (SS. 1-2, A. 181, '08) 63
Fines and Forfeited Bonds (S. 64, A. 214, '02) 65
Fiscal Agent (A. 282, '08) 100-105
Flag — improper use of (A. 34, '12) 43
Flag— official for Louisiana (A. 39, '12) 44
Forfeited Bonds (S. 1044, R. S.) 61
Free Passage over Ferries, etc. (S. 10, A. 214, '12) 19
Funds of Towns on Recision of Charters (A. 173, '94) ... 106
Funds, Deposit (A. 282, '08) 100
Funds of Public Schools— sources (S. 2957, R. S.) 107
G
Garbage Cans .- 127
Graduates exempted from certain examinations (SS. 60-62,
A. 214, '12) 31, 32
H
Health Certificates— Teachers 126
High Schools— how created (S. 9, A. 214, '12) 19
High Schools — State Appropriation (A. 85, '12) 57
Home Economics and Agriculture (A. 306, '10), : 108
I
Indemnity Lands— how disposed of (A. 217, '02) 98, 99
Inheritance Tax (A. 42, '12, and A. 45, '04) 51, 78-86
Institute for Blind 119, 120
Institute for Deaf and Dumb 120, 121
Interest on Deposit Funds (S. 1328, R. S.) 65
Jurors— Fees deducted (A. 87, '86) 87
K
Kindergarten Departments (S. 16, A. 214, '12) 21
L
Lake Beds— proceeds to schools -(SS. 1-7, A. 124, '02) 94
Lectures on Sanitation •. 128
Libraries for Schools (SS. 1-6, A. 202, '06) 110-112
Light in School Buildings 125
Local Trustetes (S. 18, A. 214, '12) 21
iv INDEX — Continued
PAGE
Louisiana Industrial Institute 118, 119
Louisiana State Normal School 115-117
Louisiana State University 112-115
Loyola University (A. 136, M2) 57
M
Minimum Number of Pupils (S. 11, A. 214, '12) 20
N
Number of Pupils to Constitute a School (S. 11, A. 214,
'12) 20
o
Office of Parish Superintendent at Parish Seat (S. 32,
A. 214, '12) 26
Overlapping Boards (S. 5. A. 214, '12) 16, 17
Orleans Schools (SS. 70-77, A. 214, '12) 36-42
1. Assistant Superintendents (S. 71) 37
2. Attendance officer (S. 71) 37
3. City Council (S. 77) 42
4. Duties of Board (S. 72) 38
5. Duties of Superintendent (S. 74) 40
6. Filling Vacancies (S. 70) 36
7. School Board (S. 70) 36
8. Superintendent of Schools (S. 70) 37
9. Secretary (S. 71) 37
10. Treasurer (SS. 75-76) 41
P
Parish Associations, Teachers (S. 39, A. 214, '12) 27
Parish School Boards— how elected (S. 5, 214, '12) 16
Parish Superintendent's Annual Eeport (S. 29, A. 214,
'12) 25
Parish Superintendent— election (S. 7, A. 214, '12) 17
Parish -Superintendent— qualifications (S. 27, A. 214, '12) 24
Parish Superintendent— records (S. 30, A. 214, '12) 25
Parish Superintendent— removal (S. 7, A. 214, '12) 17, 18
Parish Superintendent — minimum salary (S. 27, A. 214,
'12) 25
Parish School Boards— meetings (S. 7, A. 214, '12) 18
Plnns of School Buildings 124, 125
Police Jury, Three Mills for Schools 14, 15
Poll Taxes— duty of Tax Collector (SS. 2, 3, A. 89, '88) .. 86
INDEX — Continued
PAGE
Police Juries — Demonstration Farms (A. 145, '12, and
SS. 1-3, A. 89, '88) 45, 86
Poll Taxes— Orleans (A. 56, '94) 88
Prescription of Debts (A. 103, '80) 106
President School Board (S, 7, A. 214, '12) 17
President School Board— duties (S. 17, A. 214, '12) 21
Pupils, Minimum (S. 11, A. 214, '12) 20
o
Quarterly Reports — to State Supervisor of Public Ac-
counts (SS. 5-10, A. 25, '10) 61, 63
R
Records Kept by Superintendents and Teachers (S. 63,
A. 214, '12) 33
Records, Military 52
Religious Schools— No State Funds (S. 12, A. 214, '12) .. 20
Reports of Parish Superintendents (S. 4, A. 214, '12) 16
Revenues, Budget (S. 68, A. 214, '12) 25
S
Salary, Superintendent (S. 27, A. 214, '12) 25
Sanitary Regulations 124-128
School Boards, overlapping (S. 5, A. 214, '12) 16, 17
School Bonds (A. 256, '10') 66-78
School Boards, attorneys for (A. 125, '12) 48
School Childrens' Fees (S. 9, A. 214, '12) 19
School Districts (S. 13, A. 214, '12) 20
School Districts in Two Parishes (SS. 14-15, A. '214, '12) . 20
School Children, enumeration (S. 69, A. 214, '12) 36
School Libraries (SS. 1-6, A. 214, '12) 110-112
School Session— daily (S. 16, A. 214, '12) 21
School Sites, expropriation (S. 1492, R. S.) 59
School Treasurer, duties (SS. 65-67, A. 214, '12) ........ 34, 35
Schools, how created (S. 7, A. 214, '12) 18
School Fund, how applied (S. 1327, R. S.) 65
School Houses, changing location (S. 7, A. 214, '12) .... 18, 19
School Lands donated to State 105, 106
Sixteenth Sections:
1. Annulling Sale for Non-Payment (S. 2965, R. S.). 91
2. Collecting Notes (SS. 1-4, A. 57, '84) 92
3. Fixing Capital Due Schools (A. 96, '86) 93
4. Interest Paid by State Treasurer, S. 2963, R. S.) . 91
vi INDEX — Continued
PAGE
5. Compensation of Attorneys (A. 158, 10) 97, 98
6. Lease of Lands 95
7. Making up Deficiencies 100
8. Rights-of-Way Over (A. 14, '08) 89
9. Sale of Uninhabitable Lands (A. 168, '94) 90, 91
10. Sale of Timber 95, 96
11. Sale of Sixteenth Sections (S. 2958, R. S., and
S. 2960, R. S 88. 89
12. Trespass (A. 14, '82, and A. 158, '10) 96
13. Treasurer's Commission (A. 33, '59) . . 91
14. Statement by Attorney General and Registrar
showing location (A. 11, '12) 42
15. Survey of (S. 2959, R. S.) 88
16. Swamp Lands, sale of (A. 151, '12) 50
17. Vote Against Sale of (A. 54, '10) 94
Spitting on Floors of School Houses 108, 125
Special School Tax Elections (A. 256, '10) 66-74
Southern University, Changing Location (A. 118, '12) .. 46
State Board of Education, organization (S. 1, A. '214, '12) 15
State Board of Education, duties (S. 3, A. 214, '12) ..... 15
State Superintendent, duties (SS. 19-25, A. 214, '12) .... 22
State Treasurer, accounts (S. 1326, R. S.) 64, 65
State Institute Conductor, duties (.S. 42, A. 214, '12) .... 28
Subjects Taught (S. 16, A. 214, '12) 21
Suspension of Pupils (S. 64, A. 214, '12) 33
Supervisor Public Accounts, quarterly reports (SS. 5-10). 61-63
Superintendent's Reports to State Board of Health 128
Sweeping Floors of School Buildings 125
Supreme Court Decisions:
1. Apportioning School Funds 121
2. All School Funds Handled by Parish School Board 123
3. Discipline — Authority of teacher 121, 122
4. District Attorney — No fee on fines 122
5. Property exempted from taxation pays no special
school taxes 123
6. Members of partnership vote in special tax elec-
tions 123
7. Persons who have sold their property cannot vote
it in special tax elections 123
8. When widows can vote in special tax elections . . . 123
» 9. School houses cannot be used as theaters 124
T
Tax Collector, Fees (S. 12) 63
Teachers, Examination of (SS. 47-58, A. 214, '12) 29, 30
INDEX — Continued vii
PAGE
Teachers, Election of (S. 7, A. 214, '12) ............... 18
Teachers, Dismissal (S. 46) ......................... ; 29
Teachers' Institutes (SS. 34-45, A. 214, '12) ............. 26
Testing Eyes of Pupils (A. 292, '08) .................. 60, 61
Text-Books, adoption of (S. 2, A. 214, '12) ............. 15, 16
Trustees, local (S. 18, A. 214, '12) ................. ____ 20
U
Ursuline Nuns (A. 14, '12) .......... ' ................. 56
V-
Vacancies in Parish School Boards — filling (S. 6, A. 214,
'12) ....................................... •. ... 17
Vaccination of Pupils ................................ 126
Ventilation of School Buildings ....................... 125
Women Eligible to Office (A. 162, '12, and S. 7, A. 214,
12) ..................................... , ..... 54,17
Witnesses and Jurors, Deducting Fees (A. 7, '86) ...... 87
STATE BOARD OF EDUCATION
GOVERNOR LUTHER E. HALL Baton Rouge
SUPT. T. H. HARRIS Baton Rouge
HON. L. N. LARCHE Monroe
HON. D. C. SCARBOROUGH Natchitoches
HON. W. E. KREBS Lake Charles
HON. ROBERT MARTIN ....... St. Martinville
HON. J. ZACH SPEARING New Orleans
HON. T. J. BUTLER . Ponchatoula
HON. RUPFIN G. PLEASANT New Orleans
HON. D. M. ATKINS/ Arcadia
Articles of the Constitution Having Ret
erance to Public Education.
(Art. 53. Limitation of Legislative Powers.)
No money shall ever be taken from the public treasury, di-
rectly or indirectly, in aid of any church, sect or denomination
of religion, or in aid of any priest, preacher, minister or teacher
thereof, as such; and no preference shall ever be given to, nor
any discrimination made against, any church, sect or creed of
religion, or any form of religious faith or worship; nor shall
any appropriation be made for private,, charitable or benevolent
purposes to any person or community; provided, this shall not
apply to the State Asylum for the Insane and State Institution
for the Deaf and Dumb and State Institution for the Instruction
of the Blind, and the charity hospitals and public charitable
institutions conducted under State authority.
(Art. 230. Educational Institutions Exempt from Taxation.)
The following shall be exempt from taxation, and no other,
viz : All public property, places of religious worship, or burial,
all charitable institutions, all buildings and property used ex-
clusively for public monuments or historical collections, colleges
and other school purposes, the real and personal estate of any
library, and that of any other library association used by or
connected with such library, all books and philosophical appa-
ratus, and all paintings and statuary of any company or asso-
ciation kept in a public hall ; provided, the property so exempted
be not leased for purposes of private or corporate profit and
income. ******
(Art. 231. Poll Tax of One Dollar.)
The General Assembly shall levy an annual poll tax of one
dollar upon every male inhabitant in the State between the ages
of twenty-one and sixty years, for the maintenance of the public
schools in the parishes where collected.
(Art. 232. School Tax on a Vote of Property Taxpayers.)
The State tax on property for all purposes whatever, includ-
ing expenses of government, schools, levees and interest, shall
not exceed in any one year, six mills on the dollar of its assessed
f.
valuation, and, except as otherwise provided in this Constitution,
no parish, municipal or public board tax for all purposes what-
soever, shall exceed in any one year ten mills on the dollar of
valuation ; provided, that for giving additional support to public
schools, and for the purpose of erecting and constructing public
buildings, public schoolhouses, bridges, wharves, levees, sewerage
work and other works of permanent public improvement, the
title to which shall be in the public, any parish, municipal cor-
poration, ward or school district may levy a special tax in excess
of said limitation, whenever the rate of such increase and the
number of years it is to be levied and the purposes for which the
tax is intended, shall have been submitted to a vote of the prop-
erty taxpayers of each parish, ward or school district entitled
to vote under the election laws of the State, and a majority of
the same in numbers and in value voting at such election shall
have voted therefor.
(Art. 248. Fre« Schools; for Whom; Apportionment of Funds.)
There shall be free public schools for the white and colored
races, separately established by the General Assembly, through-
out the State, for the education of all the children of the State
between the ages of six and eighteen years ; provided, that where
kindergarten schools exist, children between the ages of four
and six may be admitted into said schools. All funds raised
by the State for the support of public schools, except the poll
tax, shall be distributed to each parish in proportion to the num-
ber of children therein between the ages of six and eighteen
years. The General Assembly, at its next session, shall provide
for the enumeration of educable children.
(Art. 249, as amended by Act 28 of 1908. State Superintendent.)
There shall be, elected by the qualified electors of the State a
Superintendent of Public Education, who shall hold his office for
the term of four years, and until his successor is qualified. His
duties shahll be prescribed by law, and he shall receive an annual
salary of five thousand dollars.
(Art. 250. State Board of Education; Parish Boards and Officers.)
The General Assembly shall provide for the creation of a
State Board and Parish Boards of Public Education. The Parish,
Boards shall elect a Parish Superintendent of Public Education
for their respective parishes, whose qualifications shall be fixed
by the Leeislature, and who shall be ex-officio secretary of, the
Parish Board. The salary of the Parish Superintendent shall
be provided for by the General Assembly, to be paid out of the
public school funds accruing to the respective parishes.
(Art. 251. French May Be Taught.)
The general exercises in the public schools shall be conducted
in the English language ; provided, that the French language may
be taught in those parishes or localities where the French lan-
guage predominates, if no additional expense is incurred thereby.
(Art. 252. Application of the Poll Tax.)
The funds derived from the collection of the poll tax shall
be applied exclusively to the maintenance of the public schools
as organized under this Constitution, and shall .be applied ex-
clusively to the support of the public schools in the parish in
which the same shall be collected, and shall be accounted for
and paid by the collecting officer directly to the treasurer of
the local school board.
(Art. 253. Private and Sectarian Schools Cannot Receive Public School
Funds.)
No funds raised for the support of the public schools of the
State shall be appropriated to or used for the support of any
private or sectarian schools.
(Art. 254. School Funds— Of What They Shall Consist.)
The school funds of the State shall consist of : 1st. Not less
than one and one-quarter mills of the six mills tax levied and
collected by the State. 2d. The proceeds of taxation for school
purposes as provided by this Constitution. 3d. The interest on
the proceeds of all public lands heretofore granted or to be
granted by the United States for the support of the public
schools, and the revenues derived from such lands as may remain
unsold. 4th. All funds and property, other than unimproved
lands, bequeathed or granted to the State, not designated for
any other purpose. 5th. The proceeds of vacant estates falling
under the law to the State of Louisiana. 6th. The legislature
may appropriate to the same fund the proceeds of public lands
8
not designated or set apart for any other purpose, and shall
provide that every parish may levy a tax for the public schools
therein, which shall not exceed the entire State tax; provided,
that with such a tax the whole amount of parish taxes shall not
exceed the limits of parish taxation fixed by this Constitution.
The City of New Orleans shall make such appropriations for
the support, maintenance and repair of the public schools of
said city as it may deem proper, but not less than eight-tenths
of one mill for one year; and said schools shall continue to
receive from the Board of Liquidation of the City Debt, the
amounts to which they are now entitled under the Constitutional
amendment, adopted in the year 1892.
(Art. 255. Louisiana State University and A. & M. College.)
The Louisiana State University and Agricultural and Mechan-
ical College, founded upon land grants of the United States
to endow a seminary of learning and a college for the benefit of
agriculture and mechanic arts, now established and located in
the City of Baton Rouge, is hereby recognized ; and all revenues
derived and to be derived from the seminary fund, the Agricul-
tural and Mechanical College fund, and other funds or lands
donated to or to be donated by the United States to the State of
Louisiana for the use of a seminary of learning or of a college
for the benefit of agriculture or the mechanic arts, shall be ap-
propriated exclusively to the maintenance and support of the
said Louisiana State University and Agricultural and Mechan-
ical College; and the General Assembly shall make such addi-
tional appropriations as may be necessary for its maintenance,
support, and improvement, and for the establishment, in connec-
tion with saiji institution, of such additional scientific or literary
departments as the public necessities and the wellbeing of the
people of Louisiana may require.
The Tulane University of Louisiana, located in New Orleans,
is hereby recognized as created, and to be developed in accord-
ance with the provisions of the legislative act No. 43, approved
July 5th, 1884, and by approval of the electors, made part of
the Constitution of the State.
9
(Art. 256. Other State Schools.)
The Louisiana State Normal School, established and located
at Natchitoches ; the Industrial Institute and College of Louisi-
ana, whose name is hereby changed to the Louisiana Industrial
Institute, established and located at Ruston; and the Southern
University, now established in the City of New Orleans, for the
education of persons of color, are hereby recognized; and the
General Assembly is directed to make such appropriations from
time to time as may be necessary for the maintenance, support
and improvement of these institutions ; provided, that the appro-
priation for the maintenance and support of the Southern Uni-
versity shall not exceed ten thousand dollars per annum.
(Art. 257. Interest Due the Townships.)
The debt due by the State to the free school fund is hereby
declared to be the sum of one million, one hundred and thirty
thousand, eight hundred and sixty-seven dollars and fifty-one
cents in principal, and shall be kept on the books of the Auditor
and Treasurer to the credit of the several townships entitled 'to
the same; the said principal being the proceeds of the sales of
lands heretofore granted by the United States for the use and
support of free public schools which amount shall be held by
the State as a loan, and shall be and remain a perpetual fund, on
which the State shall pay an annual interest of four per cent,
and said interest shall be paid to the several townships of the
State entitled to the same, in accordance with the Act of Con-
gress, No. 68, approved February 15th, 1843.
(Art. 258. Debt Due Seminary Fund.)
The debt due by the State to the Seminary fund is hereby
declared to be one hundred and thirty-six thousand dollars, being
the proceeds of the sale of lands heretofore granted by the
United States to this State for the use of a seminary of learning,
and said amount shall be kept to the credit of said fund on the
books of the Auditor and Treasurer of the State as a perpetual
loan, and the State shall pay an annual interest of four per cent
on said amount.
(Art. 259. Debt Due A. and M. College.)
The debt due by the State to the Agricultural and Mechan-
ical College fund is hereby declared to be the sum of one hun-
10
drend and eighty-two thousand three hundred and thirteen dol-
lars and three cents, being the proceeds of the sale of lands and
land scrip heretofore granted by the United States to this State
for the use of a college for the benefit of agricultural and
mechanical arts; the said amount shall be kept to the credit of
said fund on the books of the Auditor and Treasurer of the
State as a perpetual loan, and the State shall pay an annual
interest of five per cent on said amount.
(Art. 280. How Interest Shall Be Paid.)
The interest due on the free school fund, the seminary fund
and the Agricultural and Mechanical College fund, shall be paid
out of any tax that may be levied and collected for the payment
of the interest on the State debt.
Art. 261. School Books for Indigent Pupils.)
All pupils in the primary grades in the public schools
throughout the Parish of Orleans, unable to provide themselves
with the requisite books, an affidavit to that effect having been
made by one of the parents of such pupils, or if such parents
be dead, shall be furnished with the necessary books free of
expense, to be paid out of the school fund of said parish; and
the School Board of the Parish of Orleans is hereby directed
to appropriate annually not less than two thousand dollars for
the purpose named, provided such amount be needed.
(Art. 60. Establishment of Additional Educational or Charitable Insti-
tutions.)
No educational or charitable institution, other than the State
institutions now existing, or expressly provided for in this Con-
stitution, shall be established by the State except upon a vote
of two-thirds of the members elected to each House of the Gen-
eral Assembly.
(Art. 210. Eligibility to Office.)
No person shall be eligible to any office, State, judicial, pa-
rochial, municipal or ward, who is not a citizen of this State, and
a duly qualified elector of the State, judicial district, parish,
municipality or ward, wherein the functions of said office are
to be performed. And whenever any officer, State, judicial,
11
parochial, municipal or ward, may change his residence from
this State, or from the district, the same shall thereby be vacated,
any declaration of retention of domicile to the contrary not-
withstanding.
(Art. 232. Limitation of State Tax; Of Other Taxing Bodies; When and.
How Special Taxes May Be Levied.)
The State tax on property for all purposes whatever, in-
cluding expenses of government, schools, levees and interest,
shall not exceed, in any one year, six mills on the dollar of its
assessed valuation, and except as otherwise provided in this
Constitution, no parish, municipal or public board tax for all
purposes whatsoever, shall exceed in any one year ten mills on
the dollar of valuation; provided, that for giving additional
support to public schools, and for the purpose of erecting and
constructing public buildings, public schoolhouses, bridges,
wharves, levees, sewerage work and other works of permanent
public improvement, the title to which shall be in the public, any
parish, municipal corporation, ward or school district may levy
a special tax in excess of said limitation, whenever the rate of
such increase and the number of years it is to be levied and the
purpose or purposes for which the tax is intended, shall have been
submitted to a vote of the property taxpayers of such parish, mu-
nicipality, ward or school district entitled to vote under the elec-
tion laws of the State, and a majority of the same in numbers,
and in value voting at such election shall have voted therefor.
(Art. 235. Inheritance Tax for Public Schools.)
The Legislature shall have power to levy, solely for the sup-
port of the public schools, a tax upon -all inheritances, legacies
and donations; provided, no direct inheritance, or donation, to
any ascendant or descendant, below ten thousand dollars in
amount or value shall be so taxed; provided, further, that no
such tax shall exceed three per cent for direct inheritances and
donations to ascendants or descendants, and ten per cent for
collateral inheritances, and donations to collaterals or strangers ;
provided, bequests to educational, religious or charitable institu-
tions shall be exempt from this tax.
12
(Art. 236.)
The tax provided for in the preceding article shall not be
enforced when the property donated or inherited shall have borne
its just proportion of taxes prior to the time of such donation
or inheritance.
(Art. 281, as amended by Act 197 of 1910. School Bonds and Special
Taxes.)
Municipal Corporations, parishes or school, drainage, sub-
drainage, road, navigation, or sewerage districts, the City of
New Orleans excepted, hereinafter referred to as subdivisions,
when authorized to do so, by a vote of a majority in number
and amount of the property taxpayers, qualified to vote under
the Constitution and laws of this State, who vote at an election
held for that purpose, after due notice of said election has been
published for thirty (30) days in the official journal of the mu-
nicipal corporation or parishes, and where there is no official
journal, in a newspaper published therein, may "through their
respective governing authorities" incur debt and issue negotia-
ble bonds therefor, and each year while any bonds issued to evi-
dence said indebtedness are outstanding, the governing authori-
ties of such subdivision shall levy and collect annually, in excess
of all other taxes, a tax sufficient to pay the interest, annually
or semi-annually, and the principal falling due each year, or
such amount as may be required for any sinking fund provided
for the payment of said bonds at maturity ; provided, that such
special taxes, for all purposes, shall not in any year exceed ten
(10) mills on the dollar of the assessed valuation of the property
in such subdivisions.
No bonds shall be issued for any other purpose than that
stated in the submission of the proposition to the taxpayer, and
published for thirty (30) days as aforesaid, or for a greater
amount than therein mentioned; nor shall such bonds be issued
for any other purpose than for constructing, improving and
maintaining public roads and highways, paving and improving
streets, roads and alleys, purchasing or constructing systems of
waterworks, sewerage, drainage, navigation, lights, public parks
and buildings, together with all necessary equipments and fur-
nishing, bridges and other works of public improvement, the
13
title to which shall rest in the subdivision creating the debt, as
the case may be; nor shall such bonds run for a longer period
than forty years (40) from their date or bear a greater rate of
interest than five per cent (5) per annum, or be sold for less
than par. The total issue of bonds by any subdivision for all
purposes shall never exceed ten per centum (10) of the as-
sessed valuation of the property in such subdivisions.
Municipal councils shall have authority to create within their
respective limits one or more sewerage districts; and nothing
herein contained shall prevent drainage districts from being
established under the laws of this State shall, in addition to the
powers hereinabove granted, have the further power and au-
thority to levy and assess annual contributions or acreage taxes
on all lands situated in such districts, for the purpose of pro-
viding and maintaing drainage systems, not exceeding fifty
(50) cents per acre for a period not exceeding forty (40) years,
when authorized to do so by a majority in number and amount
of the property taxpayers of said district, qualified to vote un-
der the Constitution and laws of this State, who vote at an
election held for that purpose and in the manner provided in
the first part of this Article, and said drainage districts, through
the Boards of Commissioners thereof, when authorized as here-
inabove provided, "may incur debt and issue negotiable bonds
therefor, payable in principal and interest out of and not to ex-
ceed in principal and interest, the aggregate amount to be
raised by said annual contributions or acreage taxes during the
period for which the same are levied. No such drainage bonds
shall be issued for any other purpose than that for which said
contributions or acreage taxes were voted or run for a longer
period than forty (40) years from their date or bear a greater
rate of interest than five (5) per cent per annum or be sold for
less than par.
When the character of any land is such that it must be
levied and pumped in order to be drained and reclaimed, the
Board of Drainage Commissioners of the district in which the
land is situated, shall, upon petition of not less than a ma-
jority in acreage of the property taxpayers, resident and non-
resident, in the area to be affected, ascertain the cost of drain-
14
age and reclaiming said land and incur debt against said land
for an amount sufficient to drain and reclaim it, and issue for
said debt negotiable bonds running not longer than forty (40)
years from their date and bearing interest at a rate not ex-
ceeding five (5) per centum per annum, payable anuually or
semi-annually, which bonds shall not be sold for less than par ;
and said Board of Drainage Commissioners shall levy annually
upon said land forced contributions or acreage taxes in an
'amount sufficient to maintain the drainage of said land and to
pay the interest, annually or semi-annually, and the principal
falling due each year, or such .amount as may be required for
any sinking fund provided for the payment of said bonds at
maturity; provided, that such forced contribution or acreage
taxes,- for all purposes shall never exceed Three Dollars and
Fifty Cents ($3.50) per acre per annum.
The police juries of the various parishes throughout the
State, for the purpose of constructing highways and public
buildings for the parish, and the governing authorities of mu-
nicipal corporations, for the purpose of paving or: improving
streets or alleys, or for other municipal improvements, after
making provision for the • payments of all statutory and ordi-
nary charges, may fund into bonds, running for a .period not ex-
ceeding ten (10) years, and bearing interest at a rate not ex-
ceeding five (5) per centum per annum, which bonds shall not
be sold for less than par, the avails of the residue of the ten
,(10) mill tax authorized by Article 232 of the Constitution of
Louisiana. ' '
(Three- Mill Tax for Support of Schools. Act 257 of 1910.)
The police juries of the several parishes and boards of trus-
tees and muicipal councils of incorporated cities and towns
(the Parish of Orleans excepted) shall levy, collect and turn
over to the parish school boards of their respective parishes for
the support of the public schools of their respective parishes,
cities or towns, the proceeds of at least three mills of the annual'
tax whicli they are empowered to levy on each dollar of the
assessed valuation of the property thereof; provided that cities
and towns that are not exempted by the terms of their charters
from the payment of parish taxes and which are subjected to
15
the similar burdens of taxation as are the parishes shall not pay
this tax, as same is included in the taxes imposed by the parish
in which the town is situated, "unless the parish boards of
school directors of that parish certify that the needs of the
schools can be met by a smaller levy of such taxes."
ACT No. 214 OF 1912
Section 1. The Governor, Superintendent of Public Edu-
cation and the Attorney General, together with as many citizens
appointed by the Governor as there are Pongressional Districts,
being one from each congressional district of the State, shall
be a body politic, and corporate by the name and style of the
Board of Education for the State of Louisiana, with authority
to sue and defend suits in all matters relating to the public
schools. The above specified citizens shall receive as compen-
sation for their services in attending the meetings of the board,
their actual traveling expenses and per diem for the number of
days that the board is in session, the same as members of the
State Legislature, payable on their warrants, approved by the
president and secretary of the board, out of the current school
fund.
Section 2. The Governor shall be ex-officio president, and the
State Superintendent, secretary of said Board. The State Super-
intendent shall be authorized to appoint an assistant secretary
for this office. The Board shall meet on or before the first
Monday in December of each year, and at other times when
called by the Governor. The acts of the Board shall be attested
by the signature of the president and secretary of the Board.
All papers, documents, and records appertaining to the Board
shall be filed by the Secretary in the office of the State Super-
intendent of Public Education. The Board may direct the pro-
ceedings of the State Board of Education to be published in the
official journal of the State or in an official pamphlet.
Section 3. The State Board of Education shall prepare rules,
by-laws and regulations for the government of the public schools
of the State, which shall be enforced by the Parish Superintend-
ent and the several School boards, and shall give such directions
as it may deem proper as to the branches of study which shall
be taught. The State Board of Education shall strictly enforce
16
a uniformity of text-books in all of the public schools of the State,
and shall adopt a list thereof which shall remain unchanged for
six years after such adoption. Not more than three subjects or
parts of subjects of the elementary grades and not more than
two of the following high school subjects can be changed at any
one adoption, to-wit: Algebra, English Grammar, Composition
and Rhetoric, Botany, Zoology, Chemistry, Geometry, American
History, Ancient History, Mediaeval and Modern History, and
of the remaining high school subjects not more than five can be
changed at any adoption, provided that any text book used in the
schools of this State may be changed at any time upon the writ-
ten application of forty parish school boards, as per resolution
of said boards duly certified to the State Board of Education ; and
all contracts for the adoption of text-books for use in the public
schools shall cover a period of six years. The adoption of ele-
mentary text-books and high school books shall be made in pe-
riods of three years apart, and, for the purpose of carrying out
this provision the first adoption of high school text-books shall
be made in the year 1913 and the first adoption of elementary
text-books shall be made in the year 1916.
The mode or procedure for the announcement of bids, award-
ing of contracts, location of depositories for the distribution of
school text-books shall be left to the State Board of Education.
Section 4. The State Board of Education may require reports
to be made by the parish superintendent whenever the interest
of the common schools indicate the necessity of other reports
than are now required.
Section 5. There shall be elected by the qualified voters of each
police jury ward of the several parishes of the State a member
of the Board of Directors of the Public Schools of such parish
for each police juror in said ward. The first election above pro-
vided for shall take place the same time as the congressional
election in 1912. As soon as the Boards as above provided for
have qualified, each Board shall by resolution divide the member-
ship by wards into three divisions as nearly equal as possible,
the members of the first group shall hold office for two years,
the members of the second group for four years, and the members
of the third group for six years. The successors of the members
17.
in the several groups shall be elected for terms of six years.
That the compensation of said members of the school board is
hereby fixed at three dollars for each day that he may be re-
quired to attend the meetings of the* board, and five cents a
mile he may travel to and from the meetings of said board. The
Board of Directors as now constituted shall hold their office until
their successors shall have been elected as provided for in this
Act. The qualifications of a person to be a member of a school
board shall be that he be a qualified elector in the ward from
wilich he is elected, able to read and write, who does not hold
any office or position of honor, trust or emolument, city, parish
or State ; or hold any permanent employment in any capacity by
any board, department or officer, city, parish or State; notaries
public, and justices of the peace being excepted; provided, that
should the Constitution of this State be so amended so as to per-
mit women to be members of Boards of Public Schools then and
in that event they shall be eligible to membership on the various
Boards of Directors provided for in this Act.
Should any vacancy occur in any School Board by deaths,
resignation or otherwise, the same shall be filled by appointment
by the Governor for the unexpired term ; provided, that the unT
expired term shall not be for a longer period than 12 months;
otherwise to be filled by special election.
A majority of the membership of such board shall constitute a
quorum thereof for the transaction of business.
Section 6. The several school boards are constituted bodies
corporate, with power to sue and be sued under the name and
style of the "Board of Directors of the Public Schools of the
Parish "as the case may be. Citation
shall be served on the president of the Board, and in his absence
on the vice-president.
Section 7. The Boards of Directors of the -several parishes
shall elect from among their number a president and a vice-
president. They shall also elect or appoint a Parish Superin-
tendent having the qualifications hereinafter required, for a
period- of four years, the first superintendents under this Act to
take. office July 1st, 1913; provided, that, if at any time a parish
superintendent should be found incompetent, inefficient, or un-
•18
worthy, he shall be for such cause removable by a vote of two-
thirds of the full membership of the Parish School Board. The
Board of Directors shall report to the State Board of Education
all deficiencies in the schools or neglect of duty on the part of the
teachers, superintendents, or other officers. The members of
the Board of Directors shall visit and examine the schools in
the several school districts of the parish from time to time, and
they shall meet ; and advise with the trustees when occasion re-
quires.
The board shall determine the number of schools to be open-
ed, the location of the schoolhouses, the number of teachers to
be employed, select such teachers from nominations made by the
Parish Superintendents, provided that two-thirds of the full
membership of the board may elect teachers without the en-
dorsement of the superintendent. The board shall fix the salaries
of the teachers. And the Board of Directors is entrusted with
seeing that the provisions of the State School laws are complied
with. Each Board of Directors shall make such rules and by laws
for its own government, not inconsistent with law, as it deems
proper. The regular meeting of each board shall be held on the
first Saturday of January, April, July and October, and it may
hold such special or adjourned meetings as the board may deter-
mine or as occasion may require. Each Board of Directors shall
exercise proper vigilance in securing for the schools of the par-
ish all funds destined for the support of the schools, including
the State funds apportioned thereto, the poll tax, collectible, and
all other funds. The Secretary shall keep a -record of all trans-
actions and proceedings of the board.
The board of Directors may receive land by purchase or do-
nation for the purpose of erecting scboolhouses, provided for
and secure the erection of same, construct such out buildings
'and enclosures as shall be conducive to the protection of
property and make repairs and provide the necessary furniture
equipment and apparatus. All contracts for improvements shall
be to the lowest bidder, the board reserving the right to reject
any and all bids. They shall have the power to recover for any
damage that may be done to the property in their charge ; they
may, by a two-thirds vote of the whole board after due notice
I
19
change the location of the schoolhouse, sell or dispose of the old
site, and use the proceeds thereof toward procuring a new one.
Section 8. The District Attorney of the district shall act as
counsel for the Board of Directors, except in and for the Parish
of Orleans, where the City Attorney of the City of New Orleans
shall act as counsel for the board of School Directors of said
Parish, but neither the District Attorney nor the said City At-
torney shall receive any extra fee, compensation, or allowance
for such service.
Section 9. The Board of Directors, the Parish of Orleans ex-
cepted, shall have authority to establish graded schools, and to
adopt such a system in that connection as may be necessary to
secure their success. Central or high schools may be established
when necessary, but no such school shall be established without
the sanction of the State Board of Education and unless the
amount be donated for the site, and suitable buildings are pro-
vided for without any expense out of the school fund. The Board
of Directors shall have the authority to assess and collect fifty
cents per annum from the parent or guardian of each child en-
rolled in the public schools of a parish or district, to be collected
in such manner as the said board shall determine ; provided that
no parent or guardian be required to pay more than one dollar
and fifty cents. The amount thus collected shall be used in
providing the necessary fuel and other comforts of the school.
Section 10. The free right of passage or conveyance over all
public ferries, bridges and roads which are rented out by the
State, Parish, or municipality, or over which the State or Parish,
or municipality, exercises any control, or for which license is paid
or toll exacted, be and is hereby granted to all children attending
the public schools ; and no tolls or fees shall be demanded or
exacted from said children by the keepers or attendants of said
ferries, bridges or roads in their passage to and from school be-
tween the hours of 7 o'clock A. M. and 9 o'clock A. M. and 4
o'clock P. M. and 6 o'clock P. M. ; provided, that on Sundays and
holidays no children shall have the right to cross said such
ferries, bridges, or roads on terms different from those of any
ordinary passenger. The provision of the foregoing section shall
apply to the parish of Orleans as well as other parts of the State,
20
Section 11. No school of less than ten pupils shall be opened
or maintained in any locality.
Section 12. The boards of directors of the public schools of
the several parishes of this State are prohibited from entering
into any contract, agreement, understanding or combination,
tacitly, or expressly, directly or indirectly, with any church,
monastic or other religious order or association of any religious
sect or denomination whatsoever, or with the representatives
thereof, for the purpose of running any public school or schools
of this State, together or in connection or in combination with
any private or parochial school, or other institution of learning
which may be under the control, authority, supervision, adminis-
tration or management of any church, monastic or other religious
order or association of any religious sect or denomination what-
soever.
Section 13. It shall be the duty of the parish board with the
parish superintendent to divide the parish into school districts of
such proper and convenient area and shape as will best accom-
modate the children of the Parish. The Parish Board of Direct-
ors shall as soon as practicable proceed to the work imposed upon
them and upon the completion of the work they shall make a
report to the parish superintendent, which report shall contain
the boundary and description of said district, designated by num-
ber. The parish superintendent shall record the same in a well
bound book kept by him for that purpose, which book shall be
held by the parish superintendent and be at all times open to
inspection. Parish Boards, if they deem it to be for the best in-
terest of the schools, may divide the parish into districts without
reference to the wards in the parish.
Section 14. The Parish Board of Directors of two adjoining
parishes, where the division line intersects a neighborhood whose
convenience requires it, may lay off a district composed of parts
of both parishes. Such districts shall be reported by the Super-
intendent, together with a census of the school children only
as belonging to the parish in which the schoolhouse may be sit-
uated, and reports shall be made by the assessor and parish super-
intendent as thcKigh the district lay entirely in such district.
Section 15. Where two school districts adjoin, it shall be
lawful for the children in either of said districts to be taught in
21
and at such schoolhouse as shall be most convenient to them;
provided, that the tuition fee shall be paid to the district in
which they are taught, and that no charge be made without the
consent of the school boards of the respective parishes.
Section 16. The branches of orthography, reading, writing,
drawing, arithmetic, geography, grammar, United States History,
the laws of Health, including the evil effects of alcohol and nar-
cotics, shall be taught in every district. In addition to these,
such other branches shall be taught as the State Board of Edu-
cation and the Parish School Boards may require; provided,
that these elementary branches may also be taught in the French
language in those localities where the French language is spoken ;
but no additional expense shall be incurred for this cause. No
public school in the State shall open later than 9 A. M. or
close earlier than 3 P. M. ; provided, this shall not be construed
so as to prevent half day sessions where^the school. accommoda-
tions are insufficient for all the pupils of the district in a whole
day session. Nor shall it interfere with any arrangements made
for the conduct of the Kindergarten schools ; provided that, in the
parish of Orleans the Board of School Directors may fix the
hours of session of the public schools. A school week shall consist
of five days.
Section 17. The President of the Board of Directors shall
preside at all meetings of the Board, call meetings when neces-
sary, advise with and assist the parish superintendent and di-
rectors in promoting the success of the schools and generally to
do and perform all other acts and duties pertaining to his office
as president of the board. All deeds and contracts for the
schools shall be signed by him ; the contracts with teachers shall
be signed by the parish superintendent.
Section 18. There shall be selected by the patrons of each
local school district in the manner to be provided by the Board
of School Directors of the parish in which the school district is
located, the parish of Orleans excepted, three auxiliary visiting
trustees who shall have the same qualification as members of the
Parish Board of Directors. The said trustees shall visit the
schools of their respective districts and shall make quarterly
reports to the Parish Board of Directors of the actual condition
of the schools and shall make needful suggestions in all matters
relating to the schools of which they are trustees.
22
STATE SUPERINTENDENT.
Section 19. A suitable office shall be provided for the State
Superintendent of Public Education at the seat of government,
in which he shall file, each year separately, all papers, reports
and public documents transmitted to him by the Board and
officers whose duty it is to report to him, and hold the same in
readiness to be examined by the Governor, whenever he sees
proper, and by any committee appointed by the General As-
sembly ; and he shall cause to be kept a record of all matters ap-
pertaining to his office. In case of vacancy in the office of Super-
intendent of Public Education, the Governor shall fill the va-
cancy and submit the name of the appointee to the Senate for
its confirmation at the first session held after the appointment.
Section 20. The salary of the State Superintendent of Public
Education shall be five thousand dollars per annum, besides
which he shall be entitled to office fixtures, stationery, books,
fuel, and light and everything needed to carry on the work of his
office. He shall have authority to appoint a clerk and a porter
and prescribe the duties of each; provided that the entire ex-
penses of his office including salaries, postage and incidentals,
shall not exceed the specified appropriation therefor, payable
in monthly installments, out of the current school fund, by the
Treasurer of the State, upon warrants of the State Superin-
tendent/
Section 21. The State Superintendent of Public Education
shall have general supervision of all school boards in the parishes,
.of all common, high and normal schools of the State, and shall see
that the school system of the State is carried properly into effect.
He shall be ex-officio a member of the board of supervisors of the
State University and Agricultural and Mechanical College, the
State Normal School, the State Industrial School at Ruston, the
State Industrial School at Lafayette, the State Institute for the
Deaf and Dumb, the State Institute for the Blind, the Southern
University, and of all other institutions of learning under the con-
trol of the State or aided in whole or in part by the State. He
shall visit all the parishes of the State as often as practicable, and
shall give due notice of the time of his visit to the parish super-
intendent whose duty it shall be to meet and confer with the
23
State Superintendent on all matters connected with the interest
of the public schools of the parish. His expenses incurred in the
discharge of his duty shall be paid out of the current school
fund, but shall not exceed the amount appropriated per annum
for the purpose. He shall keep an account of all orders drawn
or countersigned by him on the Auditor and of all returns of
settlements; when ever required any part of this account shall
be furnished by the Auditor.
Section 22. He shall biennially on or before the meetings of
the General Assembly, make a report of the condition and prog-
ress made and possible improvements to be made in the public
schools. The amount and condition of the school funds; how its
revenues during the two previous years have been distributed ; the
amount collected and disbursed for public school purposes from
local taxation, or from. any other source of revenue, and how the
same was expended. This report shall contain an abstract of the
parish and city superintendents reports. He shall communicate all
facts, statistics and information as are of interest to the public
schools. He shall cause to be printed a sufficient number of copies
for the distribution among the members of the General Assembly,
the State officials, parish school boards, libraries, and superin-
tendents of other States and Territories, and to meet all ex-
changes of educational reports.
Section 23. The superintendent in his report shall set forth
the objects, and make suggestions which may be of interest and
promote the success, of all institutions of learning under his su-
pervision. The superintendent of these institutions shall annually,
by the first of March, furnish the State Superintendent of Public
Education such statements of their respective institutions as may
be necessary to enable him to make a full and satisfactory report.
Section 24. Certified copies of records and papers in his office
shall in all cases be received and admitted in lieu of the originals.
He is authorized to make copies, when requested by any person so
to do, of any papers deposited or filed in his office, and of any act
or decision made by him, and certify the same, and he may de-
mand therefor payment at the rate fo twenty-five cents per one
hundred words.
Section 25. It is made the duty of the State Superintendent of
Public Education to report to the State Board of Education all
24
neglect of duty on part of any school director, superintendent, or
teacher, or any improper use of school funds whenever it may
come to his knowledge. He shall hold annually conventions in the
several institute districts, selecting the most convenient and ac-
cessible points, for the purpose of consultation, advice and in-
struction with Parish Superintendents in regard to supervision
and management of parish schools.
Section 26. The Attorney General when called upon by the
State Superintendent of Public Education, the State Board of
Education, any Board of Directors, or any Parish Superintend-
ent, shall give his opinion in regard to any controversy or dis-
pute, affecting any such officers or boards, or relating to their
respective rights or duties or affecting the schools under their
charge, or any of them. The State Superintendent of Public Edu-
cation shall whenever required, give adv-ice, explanations, con-
structions or information to the district officers and superin-
tendents and to the citizens relative to the public school law,
the duties of the public school officers, the rights and duties of
parents, guardians, pupils, and all officers, the management of
the schools, and all other questions calculated to promote the
cause of education. He shall perform all other duties imposed
upon him by law.
PARISH SUPERINTENDENT.
Section 27. The Board of Directors of the public schools
throughout the State shall elect or appoint a superintendent of
public schools who shall hold office for a period of four years.
He shall not be otherwise employed except, in a parish having
fewer than thirty white teachers the parish superintendent may
act as principal of a public school, shall be a person of high
moral character, of recognized executive ability, and a practical
educator who holds at least, a first grade certificate and who
has had at least three years teaching experience within the five
years next preceding his election, or who has served as a parish
superintendent during at least one year of the three years next
preceding his election. Outstanding certificates that are valid
making their holders eligible to the office of parish superin-
tendent shall not be affected by the provisions of this Act. This
shall apply to all superintendents and assistant superintendents
25
now in office, Orleans parish included, and all persons who have
secured eligibility certificates by examination but who are not
at this time holding the office of Parish Superintendent.
The Parish Superintendent shall be ex-officio secretary of the
Board X)f Directors in each parish of the State, the parish of Or-
leans excepted, his salary shall be fixed by the Board of Di-
rectors provided, that in no case shall it be less than six hun-
dred dollars ($600.00) per annum.
Section 28. He shall during the year visit once, at least, each
school district in the parish, and he shall exert his best endeavors
in promoting the cause of common school education. To this
end he shall faithfully carry out the requirements of the State
School Law and the rules and regulations made for the schools
by the State Board of Education.
Section 29. It shall be the duty of each parish superintend-
ent on or before the tenth day of July each year, to cause to be
placed in the hands of the Superintendent of Public Education
the official report of his parish schools for the previous years, the
districts in which the schools are taught, and the length of time
taught, the number of children at school, the cost of tuition of
each child, per month and for the session, the number of private
schools, colleges and academies taught in the parish and the
length of the session of. the same; the number of teachers em-
ployed, male, female, white and colored, the average wages of
male teachrs, female teachers, the amount of money raised for
school purposes in the parish by local taxation or otherwise, and
for what purpose it was disbursed, the number and kind of
schoolhouses, the actual or approximate value of each, the num-
ber of school libraries and the number of volumes in each and
the increase during the session and the amount received and
expended for them. In case of neglect or failure to make* this
report in the time required he shall forfeit and pay the sum
of ten dollars per week, or fraction of a week thereof, for the
full time of his delinquency said amount to be collected by the
Parish Board for the benefit of the institute fund of the State.
Section 30. Each parish superintendent shall keep a record
of all business transacted by him as parish superintendent, the
names, numbers and description of school districts, the tabula-
tion of reports of school principals made monthly to him by the
26
principals of the schools of his parish and all other papers,
books and documents of value connected with his office ; and they
shall be at all times subject to inspection and examination by the
State Superintendent of Public Education, or by any school
officer or citizen. In addition to his annual report to the State
Superintendent of Public Education hereinbefore provided for,
which shall be made in accordance with instructions of the State
Superintendent, he shall furnish to the Department of Educa-
tion such narrative, and such information as the State Super-
intendent or the State Board of Education may from time to
time require of him.
Section 31. The parish superintendent may administer the
oath required of any of the officials of the common schools or
of any person required to make oath in any manner relating
thereto, except to qualify directors.
Section 32. He shall maintain his office at the parish seat
and shall keep the same open during the usual office hours
to receive the reports of teachers and others and to transact
the business required of him except during the time he is visit-
ing schools or attending to his duties elsewhere.
Section 33. The parish superintendents shall make quarterly
reports to the parish board of directors upon the condition of the
schools under his supervision. The secretary shall keep full min-
utes of all proceedings of the Board in a book provided for that
purpose, and shall do and perform all other acts and duties
legally pertaining to the office of the Secretary of the Board.
TEACHERS INSTITUTES.
Section 34. There shall be established and maintained by the
State Institute Fund, in conjunction with the Peabody Institute
Fund, Summer Normal Schools in this State, with sessions of
not less than four weeks.
Section 35. Other institutes may be held when ordered by
the State Board of Education or under special laws ordering
such institutes to be held. Every teacher of a common school
must attend the sessions upon penalty for nonattendance if
satisfactory excuse has not been rendered to the parish super-
intendent, of forfeiting two days' pay. There shall be a vaca-
27
tion of the common schools of the parishes to give opportunities to
the teachers to attend; and no reduction of the teacher's salary
shall he made during said vacation, provided he or she was in
attendance the full time of the session of the Institute. These
institutes, held under this section, shall, as far as possible, be
held in some town centrally located and teachers from as many
parishes as can conveniently attend shall be notified to attend.
This notice they shall obey, under the penalty before mentioned.
Section 36. The State Board of Education shall act as a
Board of State Institute Managers and in their discretion shall
select an experienced institute conductor who shall have general
charge of the summer normal work, and whose services shall be
paid for out of the institute funds in such manner as shall be
agreed upon by the Board named in this Act. The institute
conductor shall be secretary of the Board.
Section 37. The managers of the summer normal schools
shall issue certificates of attendance to each teacher present dur-
ing the whole of their sessions, and the parish boards of school
directors shall give preference, other things being equal, to
the holders of said certificates in the selection of teachers for the
public schools.
Section 38. The conductors of the State (one week) Institutes
shall make a full report of their work, giving the names of the
teachers in attendance with a detailed account of all institute
funds received and disbursed, to the State Superintendent of
Public Education for publication in his biennial report to the
General Assembly and to the Board of the Peabody Education
Fund.
Section 39. It shall be the duty of every parish superin-
tendent, the parish of Orleans excepted, to conduct a teachers'
institute or association, one Saturday of every month, or in
his discretion, on a Friday and Saturday of every alternate
month during the time the public schools are in session in his
parish, in each institute district.
Section 40. The parish superintendent shall notify all teach-
ers of the time and place of the monthly or bi-monthly institute
meetings, and it shall be the duty of all teachers i,n the parish
to attend these meetings and to take such part in the exercises
as the superintendent may indicate. Such teachers as fail to
28
be present, or, being present, refuse to perform the p&rt assigned
to them on the program by the superintendent at such institute
meetings, shall forfeit one day's salary for each absence or one
day's salary for each failure to perform the part assigned them on
the program by the superintendent. The amount so forfeited shall
be deducted from such teacher's next monthly warrant by the
superintendent and by him credited to the institute fund of
the parish to be set aside and used exclusively for institute work
in the said parish.
Section 41. Boards of Directors are hereby authorized and
empowered and shall pay to each teacher attending an institute
or association meeting, two dollars per day for each monthly
meeting or bi-monthly meeting and three cents per mile each
way to and from said meetings, actually and necessarily traveled,
provided, that when the institute is held on regular school days
teachers shall only receive their regular pay as teachers for such
attendance.
Section 42. It shall be the duty of the State Institute Con-
ductor to formulate the programs for teachers ' institutes or asso-
ciation meetings and it shall be the duty of the State Board
of Education to formulate the State Reading Course, for teachers
yearly, and it shall be the duty of the parish Superintendent
to consult the State Institute Conductor relative to conducting
teachers institutes and when conducting teachers institutes or as-
sociations to follow the programs and the State Reading Course
for teachers so prepared as aforesaid. The parish superintendent
shall forfeit five dollars for each institute or association he fails to
cause to be held, or fails to .conduct, as required by this Act, un-
less physically unable to attend or for other valid reasons appear-
ing to the satisfaction of the school board ; the said fines shall be
collected by the school board and credited to the institute fund, as
provided in this Act. The daily session of the teachers institute
or association shall not be less than five hours per day actual work.
Section 43. The Parish Superintendent, at the opening of
the institute meeting, shall cause a roll of teachers to be prepared,
which roll shall be called at least twice during each daily ses-
' sion of the institute. He shall ascertain the number of teachers
in attendance and the length of time each attends, and he shall
carefully note the names of all absentees, and to this end he shall
29
keep a record and at the end of the school session he shall make
an annual report to the State Institute Conductor of the insti-
tute work in his parish for the year upon blanks furnished him
by the State Institute Conductor for said purpose.
Section 44. The Parish Superintendents shall, before the be-
ginning of regular public school term, appoint a competent
teachers of his parish as institute manager for each district, if
there be more than one institute district in his parish ; and such
institute manager shall be paid three dollars per day as com-
pensation for actual services in holding such institutes, or for
assisting the superintendent while holding said teachers insti-
tutes; provided, that when the teachers institute is held on a
regular school day, the compensation of the institute managers
shall be their regular salary and no more. •
Section 45. The provisions of this Act relating to teachers
institutes shall not be compulsory in the Parish of Orleans, but
the school board of said Parish at its election may conduct such
teachers' institutes provided for herein in the same manner and
wTith the same power and authority as herein set forth.
Section 46. If at any time a teacher becomes incompetent,
inefficient or unworthy of the endorsement given him or her, the
parish superintendent shall have the power to suspend such
teacher and immediately shall report such fact to the board
of directors of the public schools of his parish and the said
board shall take such action as the nature of the case warr-
ants. The services of any teacher may be dispensed with at any
time by the board of directors. Any teacher dismissed under the
above provisions shall receive payment for his services for the
current month.
Section 47. The State Board of Education shall take entire
charge of the examination of public school teachers. The Board
shall appoint an examining committee of as many members as
may be required and fix the salaries of the members of the com-
mittee.
Section 48. The following grades of certificates shall be is-
sued by the examining committee : Special High School Certifi-
cates, valid for five years ; First Grade Certificates, valid for five
years ; Second Grade Certificates, valid for three years ; Third
Grade Certificates, valid for one year. The State Board of Edu-
30
cation shall determine the subjects which shall be used in the
examination for any of the grades of certificates.
Section 49. The State Board of Education shall have
authority to exempt from examination graduates of standard
colleges and State Nor mal Schools located in other States, pro-
vided that in all cases the examining committee shall have
authority to examine such graduates in such, subject or sub-
jects as the committee may think necessary.
Section 50. All questions to be used in the examination of
teachers shall be prepared by the examining committee, and when
they have been approved by the State Superintendent of Public
Education they shall be sent to the Parish Superintendent of the
various parishes, who shall conduct the examinations, collect the
fees hereinafter provided /or, and send fees and answer papers
to the State Superintendent of Public Education. The Examin-
ing Committee shall grade all papers, and issue certificates to
those who shall make the average pass mark fixed by the State
Board of Education. Certificates shall be 'signed by the Chair-
man of the examining committee and the State Superintendent
of Public Education, they shall be valid for the periods named
above in all of the points of the State.
Section 51. Applicants for the approval of their diplomas
or for teachers ' certificates shall pay the following fees : Grad-
uates of Colleges and State Normal Schools located in other
States shall pay a fee of five dollars for approval of their diplo-
mas; applicants for special high school certificates and first
grade certificates shall pay a fee of two dollars; applicants for
second grade certificates shall pay a fee of one dollar and fifty
cents ; and applicants for third grade certificates shall pay a fee
of one dollar.
Section 52. The State Superintendent shall deposit all fees
in an account entitled " Examination Fees " and he shall
check upon this account for the salaries and office expenses of
the examiners, keeping receipted vouchers for all moneys so
.drawn, and no other funds shall be used for salaries and ex-
penses of the examining committee.
Section 53. The State Board of Education shall arrange for
as many examinations annually as may be necessary.
31
.Section 54. The examining committee shall have authority
to issue provisional certificates, upon application by the parish
superintendents, to teachers whose services are needed before
their papers can be graded. Teachers holding such provisional
certificates and failing to pass the examinations shall immediately
vacate their positions upon notice of failure to pass the exami-
nation.
Section 55. The State Board of Education shall have
authority to renew first grade teachers' certificates when satis-
factory evidence is produced attesting the worthiness and com-
petency of the holders asking for an extension of their certificates.
Teachers having their certificates renewed shall pay a fee of two
dollars.
Section 56. Teachers' certificates now valid and in force
shall not be affected by this ^ct. The Parish of Orleans is ex-
cepted from the provisions of this Act.
Section 57. No person shall be appointed to teach without
a written contract for the scholastic year in which the school is
to be taught, and who shall not hold a certificate of a grade suf-
ficiently high to meet the requirements of the school ; unless he or
she holds a certificate or diploma provided for by this Act, which
exempts him or her from examination.
Section 58. Teachers now in position and holding cer-
tificates shall not be affected by the provisions of this act, it be-
ing the intention hereof to have regard to certificates to be issued
in the future rather than those issued in the past and held by
teachers now employed and giving satisfaction to their Boards;
but all certificates are revocable.
Section 59. Each teacher of any school in this State sup-
ported wholly or in part from public money shall, before re-
ceiving any remuneration for services rendered in said capacity,
file a certificate with the person by whom such payments are
authorized to be made to the effect that such teacher has faith-
fully complied with all provisions of this Act during the entire
period for which such payment is sought and in the manner
specified in this Act ; and no money shall be paid to any teacher
who has not filed such a certificate.
Section '60. Graduates of all institutions of learning author-
ized to confer diplomas under the laws of this State shall be cred-
ited with having passed a saiisj .tory examination for said teach-
32
ers' certificate in such of the required subjects as, by the president
of said institution, may be certified to as having been com-
pleted in the course of study of the applicant, excepting theory
and art of teaching, history of education, psychology, and school
administration.
Section 61. Teachers now holding certificates which are in
force and which were heretofore issued, as the result of an exam-
ination held under the authority of law shall not be required to
undergo an examination under the provisions of this Act, but
such certificates are continued in force for their respective
grades and for the time provided for in the law under which
they were granted. After the promulgation of this Act no per-
shall be appointed as a teacher in the public schools unless he or
she holds a certificate referred to in this Act, or a diploma
recognized herein.
Section 62. The diplomas conferred by the Peabody Normal
School located at Nashville, Tenn., upon graduates of that insti-
tution, as also diplomas conferred by the State Normal School
at Natchitoches, La. ; as also diplomas conferred upon the grad-
uates of the City Normal School of New Orleans, La., as also
diplomas conferred upon the graduates of the Department of
Philosophy and Education of the Louisiana State University
and Agricultural and Mechanical College, as also diplomas
conferred upon the graduates of the Teachers' College of Tu-
lane University, as also graduates completing the course in the
Teachers' Training Department of all schools, or institutions of
learning now authorized by special Acts of the General Assembly
to confer diplomas under the laws of this State that will estab-
lish a teachers' training department following a curriculum to
be established by the State Board of Education shall entitle the
holders thereof to a first grade certificate, valid in any town
or parish in this State, the parish of Orleans excepted, for five
years from the date of graduation, at the expiration of which
time the certificates awarded to the graduates of the Peabody
Normal School may be renewed by the State Superintendent
of Public Education, upon satisfactory evidence of the ability,
progress and moral character of applicants asking for such
renewal; certificates awarded to the graduates of the State
Normal School may in like manner, be renewed at the expira-
33
tion of five years by the Board of Administratiors of the said
Normal School; certificates awarded to the graduates of the De-
partment of Philosophy and Education of the Louisiana State
University and Agricultural and Mechanical College may, in like
manner, be renewed at the expiration of five years by the Board
of Administrators of said institution; certificates awarded to
graduates of the City Normal School of New Orleans in like man-
ner, may be renewed at the expiration of five years by the Board
of Directors by whom they were originally issued; and certifi-
cates awarded to graduates of all other institutions having com-
plied with the curriculum and having established a teachers'
training department as provided in this section, may be renewed
at the expiration of five years by the authority of said institution
having originally issued said diploma.
Section 63. It shall be the duty of parish superintendents
and teachers of the public schools of the State to keep such
school records as shall be prescribed by the State Superin-
tendent of Public Education, prior to receiving his or her
monthly salary at the end of each month. Each principal of a
school shall make to the parish superintendent a report of
the entire number of .pupils enrolled, the number of pupils in
attendance during the month, the book used, the branches taught,
and such other information as the parish superintendent may
deem important. If any principal wilfully neglects or fails to do
this, the parish superintendent shall withhold two dollars of
the salary due.
Section 64. The teacher shall faithfully enforce the school
course of study and the regulations prescribed in pursu-
ance of law; and if any teacher shall willfully refuse or neg-
lect to comply with such requirements, the parish superintendent
shall report the same to the parish school board. Every teacher
shall have the power and authority to hold every pupil to a strict
accountability in school for any disorderly conduct on the play
grounds of the school or during intermission or recess, and to sus-
pend from school any pupils for good cause ; provided, that sfcch
suspension shall be reported in writing as soon as practicable to
the parish superintendent, whose decision shall be final; and
provided further, that in the Parish of Orleans the principals of
the schools shall suspend and report the same to the superintend-
ent for approval or further action.
34
SCHOOL TREASURER.
Section 65. The superintendent of the public schools in
every parish (Parish of Orleans excepted) shall be and is
hereby constituted the treasurer of all school funds appro-
priated by the State to such parish, or raised, collected, or
donated therein for the support of the free public school; he
shall receipt for all such funds to the Treasurer of the State
and to the collector of parish taxes.
That the parish superintendents of schools made treasurers of
school funds under the provisions of this section, shall give bond
in such sums as may be required by the school board of the par-
ish; provided that said bond shall not be less than the greatest
amount in the hands of the treasurer during the previous years
at any one time, and the school board for the several parishes
shall pay the premium of said bond.
That the superintendent of public schools shall receive no
compensation whatever for his services as school treasurer.
The said treasurer shall deposit the school funds in such bank
or banks as may be designated by the parish school board under
the provisions of Act No. 23, of the special session of the General
Assembly of 1907.
Section 66. Said treasurer immediately upon the acceptance
of his bond, shall demand of his predecessor in the office of
treasurer of the school funds custody of all books and papers
and of all balances of school moneys in his hands as custodian
-of the school funds of the parish.
Section 67. The treasurer shall pay out the school funds
entrusted to his charge only on warrants drawn by the president
and countersigned by the secretary of the parish school board,
and shall state against what school district it is drawn, which
warrant shall be drawn by these officers only in virtue of appro-
priations regularly made by the parish board; the parish board
shall make annually an estimate of the amount of revenue for
the year, appropriating the same as above required, and no
warrant beyond the amount estimated shall be drawn for any
year.
. These warrants shall be numbered and shall specify on their
face to whom and for what they are given, and the date of
35
the appropriation made by the school board; the treasurer
shall pay these warrants only to the extent of the amount to the
credit on his books and in the order in which they are presented*
of school districts in behalf of which the warrants shall have
been drawn and said warrants shall be filed in his office as
vouchers, the account kept by him as treasurer of the school
fund, shall always be subject to examination by any one who
chooses to examine them.
Section 68. It shall be the duty of the various School Boards
throughout the State, during the month of July of each year to
adopt .a budget of revenues to accrue to said school board during
the ensuing year; said budget not to include probable revenues
arising from a doubtful or contingent source.
(a) Within ten days after the adoption of the budget of
revenues, the school boards throughout the State, shall adopt
a budget of expenditures, not to exceed (100 per cent), one
hundred per cent of the budget of revenues ; in the parish of Or-
leans the budget of expenditures shall not exceed (95 per cent)
ninety-five per cent of said budget of revenues; said budget of
expenditures shall detail the said expenditures and no item of
indebtedness not included in said detailed estimate, shall be paid
by the treasurer or ex-officio Treasurer of the School Board,
under pain, he and his surety, of being personally liable for
any item so paid, and not included in said budget of expendi-
tures, if during the course of the succeeding year, revenues from
any unexpected or contingent source should have -been realized,
and amended budget of revenues may be adopted and an
amended budget appropriating said revenues in the same propor-
tion as above, may also be adopted. The adoption of said budget
of expenditures shall be considered as the appropriation of the
revenues without any other formal appropriation.
(b) In the Parish of Orleans at the end of the year after
payment of all the indebtedness budgeted, the school board shall
apply said surplus of (5 per cent) five per cent to any indebted-
ness of previous years reduced to final judgments liquidating
and fixing the amount of indebtedness, whether the judgments
be absolute or limited to the revenues of any year.
(c) The duties of said School Board above provided for, may
be enforced before any court of Justice by any taxpayer, re-
36
siding in the parish or by any party in interest by such appro-
priate remedies as the law provides.
Section 69. The Parish School Board of all parishes of the
State, the Parish of Orleans included, shall make an enumera-
tion of all educable children in their respective parishes before
July 1st, 1915, and every four years thereafter; provided that
the respective school board shall not pay in excess of three cents
for each child so enumerated.
SCHOOLS IN THE PARISH OF ORLEANS.
Section 70. All the public schools of the Parish of Orleans
and the management, property appurtenances thereof, and the
course of study and grading thereof, including the text books
to be used therein, shall be under the direction and -control of
the board of directors of the public schools of said parish. Said
board shall consist of five members.
The first board shall be elected at the regular congressional
election in the year 1912, and shall hold office for a term of four
years or until their successors are elected . and qualify. All
vacancies occurring on said board for an unexpired term of one
year or less shall be filled by appointment by the Governor, and
all other vacancies shall be filled at a special election called by
the Governor. The members of said Board of Directors shall be
elected from the City at large under the general election laws of
the State and in 'the same manner as are the members of the
several Parish Boards of Directors throughout the State.
Section 71. Said board is hereby constituted a body cor-
porate in law with power to sue and be sued under the name
and style of the Board of Directors of the Public Schools — Par
ish of Orleans, legal processes shall be served on the President
and in his absence or inability to act on the Vice-President.
The said board shall have the right to make such rules and by-
laws for the government not inconsistent with this act as it may
deem proper. Three members shall constitute a quorum for
the transaction of business.
The said board shall meet as soon as elected, or as soon there-
after as practicable, and organize by electing a president and
"ice-president from among their own members, and a secretary
37.
who shall not be a member of the board. The said board shall
at its first meeting, or as soon thereafter as practicable, elect a
competent and experienced educator to be designated as super-
intendent whose duty shall be hereinafter described, he shall hold
office for a term of four years, commencing July 13th, 1913, at
the close of the term of the present superintendent subject to
removal by the board for incompetence, neglect of duty or mal-
feasance of which after an impartial hearing by the board he shall
have been deemed guilty. The said board shall also elect as
many assistant superintendents, who shall have the same quali-
fications as the superintendent, as said board may deem necessary
to properly conduct the public schools of said parish, which num-
ber of assistant superintendents may be increased or diminished
at the pleasure of the Board. The Board may give to the assist-
ant superintendents such title or designation as it may deem
wise or advisable.
The said board shall also elect an attendance officer, and em-
ploy such other officers, clerks and assistants as may be necessary
to properly conduct the public schools of the parish. In addition
to the duties of his office, which may be fully prescribed by the
board, the secretary shall make a quarterly report to the State
Superintendent of Education of the cost of maintaining the City
schools, and shall keep the accounts of said board in such manner
as to be in strict accordance with such budget as it may adopt,
certifying to said board at each monthly meeting the expenses
of said board for each current month. Said board shall have con-
trol of all buildings, records, papers, furniture and property of
any kind pertaining to the administration of the schools, and
shall have management of all the public schools within the limits
of the Parish of Orleans. The said Board shall also have power to
pledge its revenues for the year then current, whether received
from the State, Parish, Board of Liquidation of City Debt, or
otherwise, for the purpose of promptly paying its obligations
or for such other purposes as to said board may seem proper.
Section 72. All the provisions of this Act shall be and are
applicable to the Parish of Orleans, to the schools situated there-
in, and to the board of directors of said parish unless the said
Parish of Orleans is especially excepted from the application of
38
such provisions, and unless such provisions are in conflict, or are
incompatible with, or are contrary to the provisions of this
Act beginning with Section 70 hereof. In addition to the powers,
duties and rights hereinbefore granted to and imposed upon
parish boards, the powers, duties and rights of said Board of
Directors of the Public Schools of the Parish of Orleans shall be
as follows:
First — it shall adjust and fix equitably the salaries of teachers
and janitors; also of the superintendent, secretary, attendance
officer, employees, and of such assistant superintendents as it
may deem necessary for the efficient supervision and conduct of
the schools.
Second — It shall limit the annual expenses of maintaining the
schools to the annual revenue; the expense of any one month
shall not exceed the one-ninth part of the whole amount provided
for the schools for the then current year.
Third — It shall prescribe rules for subjecting teachers or can-
didates for teacherships in the grades of the elementary schools
to a careful competive examination on all branches they are
expected to teach, and no -such person shall be elected to a
position as teacher without a favorable report on his moral or
mental qualifications by an organized committee of examiners
appointed by the board.
Nothing in this Act shall be so construed as to vacate the office
of any teacher for which he or she shall have been appointed
under existing laws, now as requiring persons now teaching in
the public schools of the Parish of Orleans, to qualify in accord-
ance with this Act.
All teachers now employed in said public schools shall be re-
garded as permanent employees of said Board of Directors of the
Pubic Schools of the Parish of Orleans, and said teachings shall
not be removed from office, except on written charges of immor-
ality, neglect of duty, incompetency, malfeasance or nonfeasance
of which he has been found guilty by the Board after such in-
vestigation and report as may be ordered or provided for by
rules and regulations to be adopted by the said board, provided,
that the marriage of a female teacher at any time shall ipso facto
vacate her position.
39
All teachers hereafter appointed in said schools shall be ap-
pointed annually for the first three years, after which time the
appointment shall be permanent upon a favorable recommenda-
tion by the Superintendent.
Fourth — It shall elect all teachers for the grades in elementa-
ry schools from among the candidates holding certificates in the
order of their merit as shown by the averages attained at the
regular competitive examinations, provided for under paragraphs
three and nine of this section.
Fifth — All certificates shall be good for five years and shall be
graded by the said committee of examiners hereinabove provided
for, provided, teachers in service shall not be required to stand
future examinations.
Sixth — It shall hold regular monthly meetings on a day to be
fixed by it.
Seventh — It shall declare vacant the position of any of its
members who shall have failed to perform the duties assigned to
him, or who shall have absented himself from two successive
monthly meetings of the board "without leave, or shall have been
guilty of any breach of decorum or of any other act inconsistent
with the dignity of a school director; and it shall report each
vacancy to the Governor.
Eighth — It may maintain evening or night schools for the in-
struction of such persons as are prevented by their daily voca-
tion from receiving instruction during the day.
Ninth — It may maintain one or more normal schools for pro-
fessional training and improvement of candidates for teacher-
ships including the course of instruction and training, lectures
in the natural sciences, and on the method of teaching and discip-
lining- children, and the practical exercises of nonteaching stu-
dents in model classes organized for that purpose by the faculty
of the institution. To graduates of these normal schools, also to
proficient students in the city high schools, the board may, in its
discretion, award diplomas showing the grade attained. Gradu-
ates of these normal schools may be deemed preferred candidates
for vacant positions in the parish public schools. Diplomas
awarded to graduates of these normal schools shall be deemed
equivalent to teaching certificates of the highest grade for public
40
schools ; provided that the rank of said graduate of these normal
schools in the list of candidates eligible for teacherships in the
grades of the elementary schools shall be based on the average of
all the grades in the various subjects in their course of study in
said normal schools.
Tenth — The board of directors shall appropriate annually not
less than the sum of two thousand dollars, or as much thereof as
may be needed for the purchase of school books to be used by
pupils in the public schools of the parish of Orleans, which said
books shall be distributed as the said board of directors may pro-
vide and shall be used by children to whom distributed under
such conditions, restrictions, rules and regulations as the board
may prescribe.
Eleventh — The said board of directors shall, make an enumer-
ation of all educable children in the Parish of Orleans before
July 1st, 1915, and every four years thereafter.
Section 73. No school director of the Parish of Orleans shall
receive any compensation for his services as such director.
Section 74. The Parish Superintendent of Public Schools
of the Parish of Orleans shall aid the directors in organizing the
schools and in improving the methods of instruction therein, in
examining candidates for teacherships, and in conducting
periodical examination of pupils for promotion through the res-
pective grades of the schools, and in maintaining general uni-
formity and discipline in the management of all schools. He
shall make monthly reports on the condition and needs of the
schools to his board of directors at their regular meetings. For
the information of the common council, the school directors, and
the public generally, he shall, on or before the tenth day of
December of each year, publish a printed report, in book form,
showing the condition and progress, and possible improvements
to be made in the public schools in the Parish, the amount and
condition of the school funds, how the revenues have been dis-
tributed during the past year, the amount collected and dis-
bursed for common school purposes from the general current
school fund of the State, from local taxation or appropriation,
and from all other sources of revenue, and how the same was
expended for buildings, repairs, salaries, furniture, and ap-
41
paratus, and all other items of expenditure. The report will
show, also, the number of pupils enrolled, male, female, white
and colored, the number of and location of school houses, the
number of teachers employed in the various grades, in the nor-
mal, high, grammar, primary, and kindergarten schools, and
the daily average attendance of pupils during th<? annual ses-
sion and the average expenses per capita of their instruction ; it
shall contain, also, an account of examinations held for teacher-
ships, the number of certificates of each grade awarded, the names
of applicants who received them, and generally all other items of
information which should be contained in a report upon the an-
nual operation of the school system of a large city. Copies of
this report shall be forwarded, one each, to the Governor and
members of the State Board of Education, the State Superintend-
ent of Education, the members of the Common Council of the
City of New Orleans, and to other officials and persons interested
in the welfare and progress of the Parish Schools. He shall be
entitled to participate in the deliberations and debates of said
board but shall have no vote. Whenever notified to be present,
he shall attend meetings of the State Board of Education.
Section 75. The Treasurer of the City of New Orleans shall
ex-officio be the Treasurer of said board and shall receive all
funds apportioned by the State to such city, or received or
collected for the support of the free public schools from any
and all sources. He shall give bond, with good and solvent
security in the sum of fifty thousand dollars ($50,000) in
favor of the said board and its successors in office, to be ac-
cepted and approved by said board and recorded in the mort-
gage office of the Parish, and which bond shall then be filed
and kept on record in the office of the said board. The filing of
said bond, and taking and filing the usual oath of office before
any officer authorized to administer same, shall qualify the Treas-
urer to act.
Section 76. Said Treasurer shall hold his office during his
term of office as City Treasurer, unless sooner removed after due
trial and hearing by the said board, for neglect of duty or mal-
feasance in office; and in case of removal by the board, it shall
elect a treasurer who shall not be a member. H.e shall receive the
sum of fifteen hundred dollars per annum for the trouble and
42
expenses which may be incurred by him in the discharge of the
duties imposed under this act, payable monthly. He shall keep
his office open at all such times as may be prescribed by said board
for the payment of pay rolls or checks in favor of teachers and
other employees of the board.
Section 77. It shall be the duty of the Common Council of
the City of New Orleans, in making up their budget of annual
expenses, to include therein the amount necessary to meet the
expenses of the schools, as shown by the statement of the actual
attendance, and the cost of instruction with such additional al-
lowance for probable increased attendance and contingent ex-
penses as may seem just and reasonable to the City Council, and
keep in good repair all school houses and school grounds belong-
ing to the City of New Orleans and in charge of the said board
of directors. That hereafter whenever the City of New Orleans
contemplates the erection of a new school building, the said
Board of Directors of the Public Schools of the Parish of Or-
leans, shall have the right to designate the name and location of
said school.
ACT No. 11 OF 1912
Be it resolved by the House of Representatives, the Senate
concurring, that the Registrar of the Land Office and the Attor-
ney General be, and they are hereby directed to look into the
matter of sixteenth section lands and school indemnity lands set
aside for the benefit of the public schools of the State of Louis-
iana, and to prepare a statement which will show all sixteenth
sections and indemnity lands- that were originally set aside for
the benefit of the public schools in the various parishes, what
lands have been sold, and what was done with the funds realized
from the sale of such lands, and what sixteenth sections and
school indemnity lands are still owned by the various parishes
for the benefit of the public schools, and where located. Where
funds realized from the sale of sixteenth sections and school
indemnity lands have not been properly credited on the State
Auditor's books- for the benefit of the parishes entitled to them,
the Attorney General shall take the necessary action to require
the State Auditor to make the proper corrections.
43
ACT No. 34 OF 1912
Section 1. Any person, who in any manner, foi exhibition 01
display, shall after this act takes effect, place or cause to be
placed any word, figure, mark, picture, design, drawing or any
advertisement of any nature upon any flag, standard, color or
ensign of the United States or State flag of this State, or ensign,
or shall expose or cause to be exposed to public view, any such
flag, standard, color or ensign upon which after this act takes ef-
fect, shall have been printed, painted, or otherwise placed, or
to which shall be attached, appended, affixed, or annexed, any
word, .figure, mark, picture design, or drawing, or any advertise-
ment of any nature, or who shall, after the first day of Septem-
ber, 1912, expose to public view, manufacture, sell, expose for
sale, give away, or have in possession for sale, or to give away, or
for use for any purpose any article, or substance, being an article
of merchandise, or a receptacle of merchandise or article or thing
for carrying or transporting merchandise, upon which after this
act takes effect, shall have been printed, painted, attached or
otherwise placed, a representation of any such flag, standard,
color, or ensign to advertse, call attention to ,decorate, mark or
distinguish the article or substance, on which so placed, or who
shall publicly mutilate, deface, defile, or defy, trample upon, or
cast contempt, either by words or act, upon any such flag, stand-
ard, color, or ensign, shall be deemed guilty of a misdemeanor,
and on conviction shall be punished by a fine not exceeding one
hundred dollars or by imprisonment for not more than thirty
days, or both in the discretion of the court. The words flag,
standard, color, or ensign, as used in this subdivision or section
shall include any flag, standard, color, or ensign, or any picture
or representation, of either thereof, .made of any substance, or
represented on any substance, and of any size, evidently pur-
porting to be, either of, said flag, standard, color, or ensign, of
the United States of America, or a picture or a representation,
of either thereof, upon which shall be shown the colors, the stars,
and the stripes, in any number of either thereof, or by which
the person seeing the same, without deliberation may believe
the same to represent the flag, colors, standard, or ensign, of
the United States of America.
44
The possession after this act takes effect, by any person, other
than a public officer, as such, of any such flag, standard, color
or ensign, on which shall be anything made unlawful at any
time by this section, or of any article or substance or thing
on which shall be anything made unlawful at any time by this
section, shall be presumptive evidence that the same is in violation
of the section, and was made, done or created after this act
takes effect, and that such flag, standard, color, ensign, or article,
substance, or thing, did not exist when this act takes effect.
Section 2. When by any statute of this state, the use of the
flag of the United States of America, or of any picture or rep-
resentation of such flag, is made penal or unlawful, this act
shall not apply to any act permitted by the statutes of the United
States of America or by the United States army and navy regu-
lations nor shall it be construed to apply to any newspaper,
periodical, book, pamphlet, circular, certificate, diploma, war-
rant or commission of appointment to office, ornamental picture,
article of jewelry, or stationery for use in correspondence, on
any of which shall be printed, painted or placed, said flag, dis-
connected from any advertisement.
ACT No. 39 OF 1912
Section 1. The official flag of Louisiana shall be that flag
now in general use, consisting of a solid blue field with the Coat-
of-Arms of the State, the pelican feeding its young, in white in
the center, with a ribbon beneath, also in white, containing in
blue the motto of the State, "Union, Justice and Confidence,"
the whole' showing as below.
Section 2. The said State flag shall be displayed on the State
House whenever the General Assembly is in session and on
public buildings throughout the State on all legal holidays and
whenever otherwise directed by the Governor or the General As-
sembly. ,
ACT No. 69 OF 1912
Section 1. The police juries of the several parishes of the
State, under such regulations as they may prescribe be and
are hereby authorized to appropriate and use from parish funds
45
any sum or sums of money not exceeding altogether one thousand
dollars per year in aid of the Farmers' Co-operative Demonstra-
tion Work in their respective parishes jointly with the agents
and representatives of the United States Department of Agri-
culture, upon such terms and conditions as may be agreed, upon
between the several police juries and said agents and represen-
tatives.
ACT No. 145 OF 1912
Section 1. The police juries of the several parishes of this
State are empowered to acquire the ownership of a tract of land
and when so acquired the title to the same shall rest in the
public provided, however, in those parishes having large areas
of different classes of soil are empowered under this act to ac-
quire tracts as aforesaid representative of the several classes
of soil that predominate in the particular parish.
Section 2. The tracts of land so acquired are to be consti-
tuted Parish Experimental Farms and the parish is to improve
said property so that it may be worked by the parish in accord-
ance with plans to be suggested by the State and United States
Agricultural Departments, provided that the police juries of the
said parishes may utilize in the working of the same its parish
prisoners.
Section 3. The Parish Experimental Farms provided for
by this act are estabished for the purpose of demonstrating the
possibilities of the soil in the respective parishes, and in every
way to disseminate a scientific knowledge of agriculture,' and in
consequence the work and results so obtained on the Parish Ex-
perimental Farms are to be open to the inspection and study
of the public at stated times.
Section 4. With a view of stimulating a friendly rivalry
as to the most successful results obtained upon the said Parish
Experimental Farms, it is further provided that a selection of
the best results of each year's work upon said Parish Experimen-
tal Farms may be assembled and exhibited annually at the State
Fair in the building owned and set apart by the State as an
Agricultural Hall at the State Fair of Louisiana.
46
Section 5. The Police Juries are empowered to make pro-
vision in their budgets for the carrying out of this act at the
earliest practicable time that the finances of each parish will
permit.
ACT No. 118 OF 1912
Section 1. The Board of Trustees of the Southern Univer-
sity, are hereby directed to sell all of its present property, real
and personal save and except such personal property as will
be useful or necessary for the purpose of the Southern Univer-
sity, situated in the State of Louisiana, and particularly in the
Parishes of Jefferson and Orleans, for a sum not less than
$50,000 upon such terms and conditions as said Board of Trus-
tees may determine ; provided, that the sale contemplated by this
section shall be first submitted to the Governor of the State for
his approval, in writing, which written approval shall be attach-
ed to the Act or Acts of Sale as authority to the notary to pass
the deed. The proceeds of said sale shall be held by the Board
of Trustees of the said University to be invested in the manner
and in such property as hereinafter provided.
Section 2. The said Board of Trustees, within a reasonable
time after the passage of this Act, shall acquire a suitable site
for said Southern University, in the rmral section of the State,
and upon said site erect appropriate buildings, containing such
equipment as, in the judgment of the said Board of Trustees,
is necessary and proper for carrying on of the said Southern
University, under the terms of this Act, and under the terms
of Act No. 87 of 1880, that said Board of Trustees shall, prioi?
to executing the deed of sale for the property herein contem-
plated to be purchased, submit the terms and conditions of
said purchase and the location of said property, to the Governor
of the State, for his approval, and his written approval of the
location and the terms and conditions of the purchase, shall be
the authority to the said Board of Trustees, to execute the deed
of purchase. The sessions shall continue in said university and
on said farm until the new site of the university is provided for
unde'r the provisions of this act.
Section 3. In addition to carrying out the University pur-
poses set forth in Section 7 of Act No. 87, of 1880, said
47
Board of Trustees shall have power and it shall be their duty
to establish a department of said Southern University, which
shall be known as "The Industrial and Agricultural Normal
School;" that said "Industrial and Agricultural Normal
School" shall be equipped in such manner and provided with
such teachers, so as to instruct persons of color, male and female,
to be teachers, so they can teach industrial and agricultural
subjects in schools for youths of both sexes of the colored race.
Section 4. It shall be the duty of the Board of Trustees
of the Southern University, as soon as practicable after the
establishment of the University upon the new site contemplated
in this Act, to establish a department of the University, which
-hal] be known as "The Model Industrial and Agricultural
School, ' ' and at least eight grades shall be created in said school,
in which to assign pupils, and said grades and the course of
teaching to be taught therein, shall lie set forth in proper regu-
lations to be formulated by the said Board of Trustees, provided
that air teachers in the said "Model Industrial and Agricultural
School" shall be persons of the colored race.
Section 5. The said Board of Trustees shall be empowered
to enact general rules and by-laws for the said University in all
its departments, whether said departments appertain to indus-
trial and agricultural subjects or to the arts and letters, and
to elect a President of the Faculty, the professors and teachers
and determine their compensation; also all officers and em-
ployees that may be necessary, and prescribe their duties and
compensation; providing that the President of the Faculty, the
professors, teachers and all other employees except only the Board
of Trustees, themselves, shall be persons of -the colored race. All
members of the Board of Trustees shall be of the white race,
and the Board shall consist of one member from each of the
Congressional Districts, appointed for a term of four years, by
the Governor of the State, and the State Superintendent of
Public Education and the Governor, the Governor to be Chair-
man of the Board.
48
ACT No. 125 OF 1912
Section 1. The Attorney General of the State of Louisi-
ana in the Parish of Orleans and the District Attorney of the
several Judicial Districts of the State of Louisiana, other than
the Parish of Orleans, shall ex-officio and without extra com-
pensation, general or special, be the regular attorneys and coun-
cil for the Police -Juries and School Boards within the Par-
ish of Orleans and within their respective Districts and of
every State Board or Commission domiciled therein, including
Levee Boards, Hospital and Asylum Boards, educational Boards
and Dock Boards^ and all State Boards, or Commissions, the
members of which, in whole or in part, are elected by the peo-
ple, or appointed by the Governor or other prescribed authori-
ty, except all State Boards and Commissions domiciled at the
City of Baton Rouge, Parish of East Baton Rouge, and all
Boards in charge or in control of State institutions ; and it shall
be unlawful for any Police Jury, School Board, or State Board
or commission to retain or employ for any compensation whatever
any attorney or counsel to represent it generally, or except as
hereinafter provided, to retain or employ any special attorney
or counsel for any compensation whatever to represent it in any
special matter, or pay any compensation for any legal services
whatever; Provided that the Orleans Levee Board shall select
its own attorney who shall also be 'the attorney for the Board of
Commisioners of the port of New Orleans at a salary of Twenty-
five Hundred Dollars per annum, to be paid jointly by the Or-
leans Levee Board and the Board of Commissioners of the Port
of New Orleans at the rate of Twelve Hundred and Fifty Dol-
lars yearly each. Provided further that the provisions of this
Act shall not apply to the Board of Assessors of the Parish of
Orleans, the salary of whose attorney is paid by the City of New
Orleans, and the Board of School Directors of the Parish of Or-
leans, for which board the city attorney of the City of New Or-
leans is ex-officio Attorney.
Section 2. In the event it should be necessary to protect the
public interest for any State Board or Commission to retain or
employ any special attorney or counsel to represent it in any
special matter for which services any compensation is to be paid
49
by it, it shall have the power and authority to retain or employ
such special attorney or counsel solely on the joint written ap-
proval of the Governor and the Attorney General of the State
and to pay only such compensation as the Governor and the
Attorney General may designate in said written approval, the
said approval to be given in their discretion only upon the ap-
application of such Board or Commission by a resolution thereof
setting forth fully reasons for the proposed retention or employ-
ment of such special attorney or counsel and the amount of the
proposed compensation, provided the Governor and Attorney
General shall not ratify or approve any action of such Board
in employing any special attorney or counsel or paying any
compensation for special services rendered, unless all formalities
as provided by this act as to resolutions, etc., have been complied
with.
Section 3. No Police Jury or Parish School Board shall re-
tain or employ any special attorney or counsel to represent it in
any special matter or pay any compensation for any legal ser-
vices whatever unless a real necessity exists therefor made to
appear by a resolution thereof, stating fully the reasons for such
action and the compensation to be paid, which resolution shall be
spread upon the minutes of such body and published in the
official journal of the Parish.
Section 4. The District Attorneys who shall refuse or will-
fully fail to perform the duties required of them by this act or
wilfully fail to render faithful and efficient services in such re-
gard shall be deemed guilty of malfeasance and gross misconduct
and removal from office in the manner prescribed by law, and
the members of Police Juries, Parish School Boards, and State
Boards or Commissions aforesaid, who shall violate any of the
provisions of this act, and any attorney or counselor who shall
knowingly accept such prohibited employment or compensation
shall be deemed guilty as principals of a misdemeanor and on
conviction sentenced to pay a fine of not less than twenty-five'
nor more than two hundred and fifty dollars and imprisoned for
not less than ten nor more than ninety days and in addition
thereto the members of such Boards or Commissions shall be
deemed guilty of malfeasance and gross misconduct and re-
50
moved from office in the manner prescribed by law if elected by
the people, and by the Governor or other prescribed authority,
if appointed.
Section 5. The Goverrior may in his discretion require and
direct the Attorney General to render any Police Jury, Parish
School Board, or State Board any special serivces in any matter
and when deemed necessary in the case of a State Board or Com-
mission to assume full charge and control of all legal proceedings
relating to such matter.
ACT No. 151 OF 1912
Section 1. Act No. 168 of the Acts of the General Assem-
bly of the State of Louisiana for the year 1894, be amended and
re-enacted so as to read as follows:
That whenever a sixteenth section donated to the State of Lou-
isiana by an act of Congress for school purposes is located in a
township not habitable by reason of said township being swamp
or sea marsh, the Board of School Directors may, upon the
petition of the land owners owning in area more than one-half
of the land in the township, order the sale of such sixteenth
section by resolution or motion passed by a majority of the
members of such board present and voting.
Section 2. When a sale of a sixteenth section is ordered
as authorized in^ the first section of this act, the same shall be
made by the Parish Treasurer of the Parish in which the six-
teenth section is located, in person or by the sheriff or any auc-
tioneer of the parish, designated by him. Said sale, however,
shall be made only after the same has been advertised for
thirty days in a newspaper published in the parish where the
property is located ; and where no newspaper is published in the
parish, then, by posting a written or printed notice for thirty
days at or near the front door of the courthouse in the parish
where the property is situated and at two other public places in
• such parish. On the day named in the advertisement, the said
section shall be sold as a whole or in lots of not less than forty
acres, at the principal front door of the courthouse of the parish
in which the property is situated, between the hours of Eleven
O'Clock A. M. and Four 0 'Clock P. M., with appraisement, to
51
the last and highest bidder and without a prior survey of the
property and upon the following terms and conditions: One-
tenth (1-10) or more in cash at the option of the purchaser,
and the remainder, if any, in nine (9) equal annual install-
ments, bearing eight (8 per cent) per cent interest per annum
from date interest payable annually and the deeds shall con-
tain the usual Security clauses and a stipulation to pay ten (10)
per cent attorney's fees in the event the services of an attorney
are secured for the purpose of collecting same.
Section 3. That the deed of the Parish Treasurer shall be
full and complete evidence of the sale and shall convey a good
and valid title to the property sold and have all the force and
effect of a notarial act; and all moneys or notes received under
and by virtue of such sale shall be disposed of by him in the
manner now required by law.
ACT No. 42 OF 1912
Section 1. That Section 1 of the Act 109, of 1906, approved
July 7, .1906, be amended and re-enacted so as to read as follows :
That there is now and shall hereafter be levied, solely for the
support of the public schools, on all inheritances, legacies and
other donations mortis causa to or in favor of the direct de-
scendants or ascendants or surviving wife or husband of the
decedent, a tax of two per centum, and on all such inheritances
or dispositions to or in favor of the collateral relatives of
the deceased, or strangers, a tax of five per centum on the amount
or the actual cash value thereof at the time of the death of the
decedent.
Section 2. That Section 2 of said Act 109 of 1906, approved
July 7, 1906, be amended and re-enacted so as to read as
follows :
The said tax shall not be imposed in the following cases :
(a) On any inheritance, legacy, or other donation mortis
causa to or in favor of any ascendant or descendant or sur-
viving wife or husband of the decedent below ten thousand dol-
lars in amount or value.
(b) On any legacy or other donation mortis causa to or in
favor of any educational, religious or charitable institutions. .
52
(c) "When the property inherited, bequeathed or donated
shall have borne its just proportion of taxes prior to the time of
such donation, bequest or inheritance.
ACT No. 73 OF 1912
Section 1. There shall be collected and preserved, all mus-
ter rolls, records, and other facts and materials showing the
officers and enlisted men of the several companies, battalions,
regiments and other organizations from Louisiana in the Mili-
tary, Marine or Naval Service of the Confederate States of
America, and the name of all Louisianians of whatever rank
in the military, marine or naval service of the Confederate
States, whether regulars, volunteers, conscripts, militia, re-
serves, home guards or local troops.
Section 2. The Governor be and is hereby authorized and in-
structed to appoint a Confederate Veteran from a list of names
to be submitted by the Louisiana Division of the United Confed-
erate Veterans through the Commander thereof, to be known as
the Commissioner of Louisiana Military Records, whose duty it
shall be forthwith to collect and preserve such muster rolls,
records, facts and other materials as herein prescribed, and to
perform such other duties as may be imposed upon him by law.
He shall by advertisement, visitation, correspondence, search and
by every other means at his command, seek to obtain the muster
rolls, records or other materials above referred to, and shall re-
ceive them either by gift or loan to the State. He shall compile
and properly index the same in a manner that will enable any
one to readily and plainly and without difficulty, find the name
command and military record of men who served from the State
of Louisiana in the Confederate Army using a card or other index
system as may be most available and convenient, and is author-
ized to secure the publication of as many copies in book form as
may be necessary. The publication when completed shall be
under the control of the Governor, who in his discretion shall
direct said Commissioner to furnish a copy free of cost, to each
of the colleges, seminaries, schools and public libraries, universi-
ties and colleges of other Southern States and to exchange the
same for similar publications from any other States, and to sell
copies to the public at a price not less than the cost of publication.
53
Section 3. Said Commissioner shall prepare a short history,
showing the organization of every company, battalion, regiment
or other organization that was in the military, marine or naval
service of Louisiana, or was contributed by Louisiana to the Mil-
itary, marine or naval service of the Confederate States, whether
regulars, volunteers, conscripts, home guards or local troops,
militia or reserves, and stating as far as practicable the service
rendered and the battles, combats or skirmishes in which they
were engaged.
That he shall also, as far as practicable, collect pictures, por-
traits and photographs of the officers and soldiers who served in
the Civil "War, and of the battles which occurred during said
war, as well as of military scenes and points of interest in con-
nection therewith. , ,i; ' i;j
That he shall ascertain and report what parishes, cities or
towns have caused the rolls of the organizations contributed by
Louisiana, to be put on record, and where this has not been done,
shall encourage its accomplishment; and
That he shall take a list and report of all battles, combats
and actions which took place in Louisiana during the Civil War,
and shall mark and annotate upon a map of Louisiana, so as
to show the parishes in which they fought.
Section 4. Said Commissioner of Louisiana Military Rec-
ords shall commence his duties immediately upon his appoint-
ment, that he shall, hold office until his successor is appointed
and qualified; and that he shall report semi-annually to the
Governor, showing the progress made by him.
That the Governor shall have the power to remove said Com-
missioner for any just and reasonable cause, and to appoint
another in his stead at any time, such new appointment to be
on the recommendation as above provided for in Section 2 of
this Act.
That upon the assembling of the General Assembly to be
elected in April, 1916, the officer of the Commissioner of Louis-
iana Military Records shall cease and this Act cease to be in
force, unless otherwise provided by the General Assembly.
Section 5. The said Commissioner of Louisiana Military
Records is hereby authorized to employ an assistant as Chief
54
Clerk and such additional clerical assistance as he may need and
can be paid for out of the appropriation of this Act.
Section 6. The sum of $3,500.00 be and is hereby appropri-
ated out of any general fund money in the State Treasury not
otherwise appropriated, for immediate use in paying expenses
of copying official military rolls in the war department, "Wash-
ington, D. C.
That the sum of $3,500.00 payable out of the general fund
of 1912 and $3,500.00 payable out of the general fund of 1913
for the annual salary of the Commissioner of Louisiana Military
Records and the further sum of $3,000.00 payable out of the gen-
eral fund of 1912, and $3,000.00 payable out of the gen-
eral fund of 1913 for clerical assistance, rent, travelling ex-
penses, stationery, and other office expenses, be and the same
is hereby appropriated. That the appropriation herein made
shall be payable on the warrant of the Commissioner of Louisiana
Military Records.
ACT No. 162 OF 1912
Section 1. That Article 210 of the Constitution be amended
so as to read as follows : •
Article 210: No person shall be eligible to any office, State,
judicial, parochial, municipal or ward, who is not a citizen of
this State and a duly qualified elector of the State, judicial dis-
trict, parish, municipality or ward, wherein the functions of
said office are to be performed; Provided, that resident women
over the age of twenty-five years shall be eligible to hold any
office connected with the public educational system of the State,
or of any ward, parish, or municipality in the State, and to hold
any office in the State connected wth institutions of charity or
correction. And whenever any officer, State, judicial, parochial,
municipal or ward, may change his residence from this State, or
from the district, parish, municipality or ward in which he holds
such office, the same shall thereby be vacated, any declaration of
retention of domicile to the contrary notwithstanding.
Section 2. That this proposed amendment be submitted to
the electors of the State of Louisiana for their approval or re-
jection, as required by Article 321 of the Constitution of the
55
State of Louisiana and the general election laws of the State,
at the next Congressional election to be held in this State in
November, 1912.
Section 3. That on the official ballots to be used at said elec-
tion shall be placed the words "For the proposed amendment to
Article 210 of the Constitution relative to women," and the
words "Against the proposed amendment to Article 210 of the
Constitution relative to women," and each elector shall indicate,
as provided in the general election laws of the State whether ne
votes for or against said amendment.
ACT No. 123 OF 1912
Section 1. That the Register of the State Land Office be and
is hereby authorized, when it is made to appear from the records
of his office and such other evidence as he may require, that a
township has not received from the State the school indemnity
lands, to which it is entitled, to issue a warrant in the name of
the President of the School Board of the Parish in which the
said township is located for the number of acres due the said
township.
Section 2. The warrants issued under Section One of the
provisions of this act shall be assignable by the School Board for
not less than $5.00 per acre, and that the said warrants shall
be locatable upon any vacant State lands subject to entry.
Section 3. On the location of the warrants authorized by
this Act a patent shall issue, as required by existing law, in the
name of the locator for the amount of land specified in such
warrant.
ACT No. 232 OF 1912
Section 1. That Section 1 of Act 222 of the General Assem-
bly of the State of Louisiana of the year 1910 be amended and
re:enacted so as to read as follows :
Section 1. From and after October 1, 1910, every parent,
guardian or other person, residing within the boundaries of the
Parish of Orleans, having control or charge of any child or chil-
dren between the ages of eight (8) and fourteen (14) years,
inclusive, shall send such child or children to a public, private,
56
denominational, or parochial day school each school year, during
the time in which the public schools of the Parish of Orleans
shall be in session, under such penalty for non-compliance here-
with as is hereinafter provided. Said child or children may be
excused from such attendance by the Attendance or Truant Of-
ficers of the Parish, upon the presentation of satisfactory evi-
dence that the bodily or mental condition of the child or children
is such as to prevent or render inadvisable attendance at school
or application to study ; or that such child or children are being
instructed at home in the common school branches, or that the
child or children have completed the prescribed elementary school
course of study, or if the public school facilities within twenty
city blocks of the home of the child or children are not adequate
to accommodate such child or children, provided, that no excuse
from attendance shall be valid for more than three months except
where the child has completed the elementary course, or if the
public school facilities within twenty city blocks of the home of
the child or children are not adequate to accommodate such child
or children. Every parent, srnardian, or person in the Parish of
Orleans having charge or control of a child between the ages of
14 and 16 years who is not regularly and lawfully engaged for
at least six hours each day in some useful employment or service,
shall cause said child to attend regularly some day school accord-
ing to the provisions of this section.
ACT No. 14 OF 1912
Section 1. The Ursuline Nuns, a religious institution for the
education of young ladies, situated in the Parish of Orleans, and
duly recognized as a body corporate, and entitled to the enjoy-
ment and exercise of all the rights, duties and privileges apper-
taining to civil corporations, by repeated acts of the General
Assembly of the State of Louisiana, shall have the power and
is hereby authorized to graduate students and to confer such
literary honors and degrees and to grant such diplomas as are
conferred and granted by any colleges, universities or seminaries
of learning in the United States and Europe, to such graduates
of said institution, or other persons, as may be provided for under
such rules and regulations, and over the signatures of such per-
son or persons as said corporation may adopt.
57
ACT No. 136 OF 1912
Section 1. "Loyola University," a corporation organized
under the laws of this State and domiciled in the City of New
Orleans, be and is hereby authorized and empowered to confer
upon its students, or upon any person deemed by it worthy of
such distinction, degrees in the arts and sciences and all the
learned professions, such as are granted by other universities in
the United States, and to give diplomas or certificates thereof.
Provided that the curriculum or course .of study in the
learned professions shall equal that maintained by other standard
Universities.
Section 2. Said degrees and diplomas or certificates shall
be recognized by the courts and all officials of this State, as en-
titling the graduates receiving said degrees and holding said
diplomas or certificates, to the same rights, immunities and privi-
leges in the State of Louisiana as the graduates of any other uni-
versity or institution of learning whatsoever.
ACT No. 185 OF 1912
Section 1. That the sum of Fifty Thousand Dollars ($50,-
000), for the year ending June 30th, 1913, and Fifty Thousand
Dollars ($50,000) for the year ending June 30th, 1914, be and
the same is hereby appropriated out of any moneys not otherwise
appropriated, to be used for the aid and support of the State
Approved High Schools of Louisiana.
Section 2. In the event there are no funds available with
which to pay this appropriation, the State Board of Liquidation
is hereby authorized and directed to borrow the same, from the
fiscal agents of this State.
ACT No. 186 OF 1912
Section 1. That the sum of Fifty Thousand Dollars ($50,-
000) for the year ending June 30th, 1913, and Fifty Thousand
Dollars ($50,000) for the year ending June 30th, 1914, be and
the same is hereby apppropriated, out of any moneys not other-
wise appropriated, to be used for the aid and support of the De-
partments of Agriculture and Domestic Science in the public
schools of Louisiana.
58
Section 2. In the event there are no funds available with
which to pay this appropriation, the State Board of Liquidation
is hereby authorized and directed to borrow the same from the
fiscal agents of this State.
(Accepting and Regulating Donations, Act 158, '04.)
Section 1. The Board of Education for the State of Louisi-
ana; the Board of Directors of the public schools of each and
every parish in the State, the Parish of Orleans included, shall
have the power to accept and administer donations mortis causa
or inter vivos for any educational or literary purpose whatso-
ever, and it shall be lawful for any one to make such a donation
of any description of property, and to any amount to any one or
more of such boards.
Sec. 2. The donor shall have the right to prescribe the
manner in which the property shall be administered, and the
objects to which it or any part thereof, or the revenues thereof,
shall be applied ; provided, however, that property donated, can-
not be made inalienable, but the donor thereof shall have the right
to prescribe in what manner, and under what circumstances, the
donees shall be empowered to sell the same, or any portion
thereof, or to change any investments once made.
Sec. 3. Said Board or Boards shall administer the property
entrusted to them in conformity with the directions contained
in the act of donation, and shall have all the powers needed in
such administration, but cannot mortgage nor encumber the
donated property, except as may be prescribed in the act of do-
nation. The said Board or Boards shall be entitled to no re-
muneration for their services, unless expressly granted in the
act of donation.
Sec. 4. The provisions of the laws of this State, relative
to substitutions fidei commisa and trusts shall not be deemed to
apply or affect donations made for the purposes and in the
manner provided in this act, and all laws or parts of laws con-
flicting with the provisions of this act be, and the same are
hereby repealed insofar as regards the purposes of this act, but
not otherwise.
59
(Assessor's Fee for Assessing School Taxes, S. 1, A. 213, '08.)
The tax assessors of each parish of the State ******
shall receive as an annual compensation for his labors, services
and duties four per cent (4 per cent) of the first fifty thousand
dollars ($50,000.00) aggregate amount of all State, parish and
poll taxes assessed, and two per cent (2 per cent) on any excess
over fifty thousand dollars ($50,000.00) ; provided that nothing
herein shall be so construed as to allow assessors more than two
per cent on special school taxes, and for his services, duties or
labors in assessing or extending on the rolls any and all leveo
taxes the sum of one hundred dollars ($100), except where the
parish for which the assessor is elected lies in more than one
levee district, in which case he shall receive the sum of two per
cent (2 per cent) on the aggregate amount of such taxes; pro-
vided no assessor shall receive less than four hundred dollars
($400) in any parish for each annual assessment of State, parish,
poll and all levee taxes. That the payment of this compensation
shall be distributed between the State, parish, school boards,
cities and towns and other taxing district or division in propor-
tion to the amount received by each.
(Powers of the District Board in Expropriations, S. 1492, R. S.)
When land shall be required for the erection of a schoolhouse
or for enlarging a schoolhouse lot, and the owner refuses to sell
the same for a reasonable compensation, the District Board of
School Directors shall have the power to select and possess such
sites embracing space sufficiently extensive to answer the pur-
pose of schoolhouse and ground.
(Expropriation of Property for Public Schools; For Schoolhouse Sites,
Act 208 of 1906, amending and re-enacting Act 227 of 1902.)
"Whenever the State or any political corporation of the same
created for the purpose of exercising any portion of the govern-
mental powers, in the same, or the board of administrators or
directors of any charity hospital, or any board of school directors
thereof, or any corporation constituted under the laws of this
State for the construction of railroads, plank roads, turnpike
roads, or canals for navigation, or for the construction or opera-
tion of water works or sewerage to supply the public with water
and sewerage, (or for the piping and marketing of natural gas
60
for the purpose. of supplying the public with natural gas), or for
the purpose of transmitting intelligence by magnetic telegraph,
cannot agree with the owner of the land which may be wanted for
its purchase, it shall be lawful for such State corporation, board
of administrators, directors or persons to apply by petition to
the district court, in which the same may be situated, or if it
extends into two districts, to the judge of the district court in
which the owner resides, and if the owner does not reside in
either district, to either of the district courts, describing the land
necessary for the purposes, with a plan of the same, and a state-
ment of the improvement thereon, if any, and the name of the
owner thereof, if known at present in the State, with a prayer
that the land be adjudged to such State, .corporation, board of
administrators or directors upon payment to the owner of all
such damages as he may sustain in consequence of the expropria-
tion of said land for such public works ; all claims for lands or
damages to the owner caused by its taking or expropriation for
such public work shall be barred by two (2) years prescrip-
tion which shall commence to run from the date at which the
land was actually occupied and used for the construction of
the works.
All the existing laws for the forms and processes of expro-
priation of property shall be applicable to the said act and sec-
tion thus amended and re-enacted.
(Relative to the Value of the Grounds, S. 1493, R. S.)
Should such landholder deem the sum assessed too small, he
shall have the right to institute suit before any proper judicial
tribunal for his claim; but the title shall pass from him to the
school corporation.
(Pupils' Eyes to Be Tested, A. 292, '08.)
Section 1. The State Board of Health and Superintendent
of Education shall prepare or cause to be prepared, suitable test
cards, blanks and record books, and all other necessary appliances
to be used in testing the sight and hearing of pupils in the public
schools of the State, together with the necessary instructions for
the use of same; and the Superintendent of Education • shall
furnish said test cards, record books, blanks and appliances to-
61
gether with the necessary instructions for* the use to every pub-
lic school in the State.
Sec. 2. The Superintendent, Principal or Teacher in every
school, during the month of September or during the first month
of school, or within thirty days after the admission of any pu-
pils entering the school late in the session, shall in each year,
test the sight and hearing of each and all pupils under his or
her charge, and shall keep a record of such examination ac-
cording to the instructions furnished, and shall notify in writing
the parent, tutor, tutrix or guardian of every pupil who shall
be found to have any defect of sight or hearing or any disease
of eyes or ears of such defect; and shall make a written report
of all such examinations to the State Superintendent of Educa-
tion.
(Forfeited Bonds, S. 1044, R. S.)
The several district attorneys throughout the Sta/te shall be
entitled to demand and receive one-fifth of all sums, fir°t deduct-
ing the percentage allowed by law to the sheriff for collecting
and paying over the same, which may be collected on forfeited
bonds in criminal prosecutions and misdemeanors in any court
of justice.
(Quarterly Statements to Be Furnished Supervisor of Public Accounts
by Parish Superintendent and State Superintendent, S. 5, A. 25,
'10.)
All State boards and commissions and other public offices
created by law, and all educational and eleemosynary institutions
of this State including parish school boards, road and drainage
districts, shall furnish to said Supervisor of Public Accounts,
quarterly, in each year, sworn statements of all moneys received
by them, from what sources, and all moneys expended by them
and for what purposes; said statements shall be accompanied
by vouchers and other papers necessary to prove the correct-
ness of the same and no officer shall destroy any voucher or
other paper belonging to his office before same has been examined
and passed upon by said Supervisor of Public Accounts. .
It shall be the duty of the Supervisor of Public Accounts to
check said statements, and, if any irregularities exist to call the
attention of those responsible thereto. In case of any irregulari-
62
ties or defalcations or failure of any officer or employee to
comply with the provisions of this Act, it shall be the duty of
the Supervisor of Public Accounts to immediately notify the
Governor of the State. The quarterly sworn statements pro-
vided in this section shall be furnished the Supervisor of Public
Accounts between the first and fifteenth of January, April, July
and October of each year; the Supervisor of Public Accounts
shall install a system of accounting in every office, which by
law it is made his duty to inspect and report upon. The Super-
visor of Public Accounts shall return all vouchers to the re-
spective offices after inspection.
(Form of Accounts Prescribed; Records to Be Kept in Office, S. 6,
A. 25, '10.)
All public offices, boards, commissions and eleemosynary and
educational institutions of this State and all parochial school
boards, road and drainage districts, shall provide an office for
their secretary and treasurer where their books and records must
be kept. All accounts shall be kept in the form prescribed by
the Supervisor of Public Accounts; that any failure of any
officer or employee to furnish the Supervisor of Public Accounts
with any information requested shall immediately report to the
Governor of the State, who will take such action as he may deem
proper. The Supervisor of Public Accounts is authorized to
administer oaths and the Assistant Supervisor of Public Ac-
counts when acting under instructions of the Supervisor of
Public Accounts shall have the same power and authority as is
granted under this Act to the Supervisor of Public Accounts,
except in the matter of administering oaths.
(Reports Filed by Supervisor; Duty of School Board Treasurer, S. 7,
A. 25, '10.)
The Supervisor of Public Accounts shall make all reports
of his examination in duplicate, one to be filed with the Gover-
nor and one in the office investigated, unless otherwise provided
in this Act; if the report of any examination discloses any vio-
lation by any public officer or employee, the Supervisor of Pub-
lic Accounts shall furnish an additional copy to the district
attorney of the parish where said offense was committed. That
the Auditor of Public Accounts shall furnish the Supervisor of
63
Public Accounts, in writing, whenever a tax collector is delin-
quent, and every parish treasurer and every parish school board
treasurer shall notify the Supervisor of Public Accounts when-
ever any sheriff is delinquent in his settlement.
(Penalty for Neglect of Duty, S. 10, A. 25, '10.)
Section 10. That any public officer or employee in an office
that is subject to examination by the Supervisor of Public Ac-
counts who willfully neglects or fails to furnish said Super-
visor of Public Accounts with such papers, accounts, books, or
other documents which he has the right to inspect or audit un-
der the terms of the Act, or who shall willfully refuse or neg-
lect to transmit to said Supervisor of Public Accounts such
reports, statements or accounts, or other documents, upon
request as provided by the terms of this Act, shall be deemed
guilty of a misdemeanor in office and shall, upon conviction,
suffer a fine of not less than twenty-five dollars, nor more than
five hundred dollars, or be imprisoned not less than ten days
nor more than six months, or both such fine and imprisonment
in the discretion of the court having jurisdiction.
(Fees of Tax Collectors, SS. 1, 2, A. 181, '08.)
That for all services, labors ' and duties performed by each
Sheriff and ex-officio Tax Collector throughout the State of
Louisiana as Tax Collector, Parish of Orleans excepted, he shall
be paid five per centum on the first seventy-five thousand dol-
lars, aggregate amount of all State, Parish, District, Poll, and
other taxes and licenses, collected by him and actually paid by
him into the State and Parish Treasury or to the authority
designated by law to receive the same ; and two per centum on
the next forty-five thousand dollars, and one per cent on all
amounts over one hundred and twenty thousand dollars, pro-
vided that no Sheriff and ex-officio Tax- Collector shall receive
for the collection of all taxes more than eight thousand dollars
per annum, provided further that no Sheriff and ex-officio Tax
Collector shall receive any compensation for the collection of
special school taxes except in parishes where the total amount of
State, Parish, Levee and PoU Taxes and licenses collected do
not amount to $50,000. Be it further provided that in parishes
64
where the collection of State, Parish, Levee and Poll taxes and
licenses do not amount to $50,000 the Sheriff and ex-fficio Tax
Collector shall receive five per cent on amount collected and
actually paid into the State and Parish Treasury or to the
authority designated to receive the same.
The payment of the compensation herein provided for the
Sheriff and ex-officio Tax Collector for the collection of Taxes
and Licenses shall be distributed between the State, Parish,
School Board and other taxing districts or divisions and licenses
in proportion to the amount of taxes and licenses received by
each.
(Columbus Day, A. 56, 1910.)
The several school boards of the State of Louisiana shall
annually authorize, direct and instruct the parish superintendent
of education, or other proper authority to observe the anniver-
sary of the date of the discovery of America by Christopher
Columbus, October 12, by such fitting and appropriate exercises,
as the said various and several school boards may determine
upon and select.
Sec. 2. Any failure upon the part of the said several and
various school boards and parish superintendents to comply
with the provisions of this Act, shall subject said school boards
and members thereof, and the parish superintendent to charges
of nonfeasance, and neglect of duty, which may be preferred
by any person, before the proper authority.
(Bird Day Established, S. 14, A. 198, '06.)
Section 14. The State and Parish Boards of Public Educa-
tion are directed to provide for the celebration, by all public
schools, of "Bird Day," on May fifth of each year, being the
anniversary of the birth of John James Audubon, the distin-
guished son of Louisiana.
On the recurring anniversary days, suitable exercises are to
be engaged in, and lessons on the economic and esthetic value of
the resident and migratory birds of the State are to be taught,
by the teachers, to their pupils.
(Accounts State Treasurer Shall Keep, S. 1326, R. S.)
An account shall be opened on the books of the treasurer, to
be called the Current School Fund ; such account shall be charged
65
with the annual expenditures for the public schools and credited
with the net receipt for the special taxes laid by the General
Assembly for the support of the public schools, and with the
receipts from such other sources as may be designated by law.
It shall be the duty of the Auditor, in his annual report, to pre-
sent a statement of the condition of said fund, and an estimate
of the special tax needed for the support of the public schools
during the ensuing year beyond the receipts for said support
from other sources. It shall be the duty of the Superintendent of
Public Education to furnish the Auditor with all information he
may require for his said report.
(School Fund; How Applied, S. 1327, R. S.)
The Current School Fund shall be used for the support of
the public schools, and the surplus of receipts over expenditures
for any one year, shall be appropriated to the support of public
schools during the ensuing year; and the Act numbered 224 of
eighteen hundred and fifty-four, and the Acts 180 and 265 of
eighteen hundred and fifty-five, which direct said surplus to be
funded, be and the same are hereby repealed.
(Interest on United States Deposit Funds, S. 1328, R. S.)
The interest on the United States deposit fund shall be
appropriated to the annual support of the public schools, pro-
vided by the Constitution ; and it shall be the duty of the Auditor
and Treasurer annually to transfer from the general fund of
the treasury to the current school fund the sum of twenty-eight
thousand seven hundred and ninety-five dollars and fourteen
cents, the amount of said interest.
(Bonds and Fines, S. 64, A. 214, '02.)
All lines imposed by the several district courts for violation
of law, and the amounts collected on all forfeited bonds in
criminal cases, after deducting commissions, shall be paid over
by the sheriff of the parish in which the same are imposed and
collected, to the treasurers of the school boards in said parishes,
and shall be applied to the support of the public schools as are
applied the other funds levied for the purpose, the parish of
Orleans excepted.
66
(Special School Taxes Authorized, S. 1, A.. 256 of 1910.
Parishes, wards, cities, towns, villages, school districts, road!
districts, drainage districts and -sub-drainage districts are de-
clared to be political sub-divisions of the State, and special taxes
may be levied and debt incurred' and negotiable bonds issued
therefor as hereinafter provided, except that the Parish of Or-
leans and the City of New Orleans are exempted from the
provisions of this Act. The governing authority of subdivisions
herein defined shall be for parishes, wards and road districts
within such parish, the Police Jury of the Parish; for cities,
towns and villages, the municipal boards thereof, for drainage
and sub-drainage districts, the drainage commissions of the
drainage district; for school districts, the school board of the
parish in which they are located, and when a school district is
composed of lands of more than one Parish, then the school
board of the parish which furnishes the territory in said school
district carrying the highest assessment.
(School Board Authorized to Call Election for Special Taxes, S. 2,
A. 256 of 1910.)
The Police Jury of any parish acting for the parish, a wa-rd
or road district therein and the governing authorities of any
other subdivision as herein defined shall have authority to call
a special election for the purpose of submitting to the property
taxpayers who are authorized to vote at such election under the
Constitution and laws of the State of Louisiana, a proposition
to levy a special tax not to exceed the limit that is now or may
hereafter be fixed by the Constitution of Louisiana for the pur-
pose of giving additional aid to public schools, constructing or
purchasing any work of public improvement in keeping with the
objects and purposes for which the subdivision was created, and
the title to which shall vest in the public or in the subdivision in
which such tax is levied ; and at the same election, similarly called
and held, a proposition may be submitted to the property tax-
payers as to whether or not they will incur debt and issue nego-
tiable bonds therefor not to exceed ten (10 per cent) per centum
of the assessed value of the property for the subdivision calling
said election, to be issued for the purpose of purchasing or con-
structing works of public improvement in keeping with the
67
objects and purposes for which the subdivision was created, and
the title to which shall vest in the public or sub-division levying
the tax. That such governing authority shall be required to call
an election for either of the purposes above mentioned when
requested to do so by the petition in writing of one-fourth of the
property taxpayers eligible to vote in said election.
(Resolution Calling the Election; Publication, S. 3, A. 256, '10.)
In the resolution calling the election, the rate, object and
purpose for which the tax is to be levied and the number of
years it is to run, must be stated. If the proposition is to incur
debt and issue negotiable bonds therefor, the object for which
the debt is to be incurred, the number of years it is to run and
the rate of interest to be paid on same, shall be stated in the
proposition submitted to the property taxpayers. After such
resolution is passed, a notice of said election shall be given,
embracing substantially all things that are required to be set
forth in the resolution, and shall set forth further that the
authorities ordering the election will, in open session to be held
at an hour and place named in such notice, proceed to open
the ballot boxes, examine and count the ballots in number and
amount, examine and canvass the returns, and declare the result
of the election. Such notice shall be advertised for thirty days
in a weekly newspaper published in the subdivision or parish
in which the tax is proposed to be levied, and if there is no
newspaper published in the parish, by posting in three public
places in the subdivision ordering the election. Four weeks'
publication in a newspaper shall constitute a publication for
thirty days, provided thirty days intervene from the date on
which the publication is first inserted and the day on which the
election takes place.
(Who Is Entitled to Vote, S. 4, A. 256, '10.)
The property taxpayers, qualified as electors under .the Con-
stitution and laws of tihs state, shall be entitled to vote at such
elections, the qualifications of such taxpayers as voters to be
those of age, residence and registration as voters; provided that
resident women taxpayers shall have the right to vote at all
such elections without registration, in person or by their agents
68
authorized in writing, which written authorization shall be at-
tached to such agent's ballots, respectvely; provided that, when-
ever the limit and boundaries of any municipal corporation have
been extended under the laws of this State, and the assessment
roll that is to include the property in the extended limits has not
already been made for said municipal corporations, those who
have become property taxpayers for said municipal corporation
by the extension of its limits and who are qualified under the
Constitution and laws of this State to vote, shall 'be permitted
to vote under this Act, and that the assessment of the property
within such municipal corporation as extended shall, for the
purpose of ascertaining the assessed valuation of property herein
and for the purpose, of any election under this Act, be taken
from the last assessment roll of the parish.
(Election Held Under Supervision and at Expense of School Board,
S. 5, A. 256, '10.)
Such elections shall be conducted under the supervision and
at the expense of the subdivision ordering the same, the govern-
ing authority of which shall appoint for each polling place three
commissioners and one clerk of election (all of whom shall be
registered voters), designate the polling places, provide the ballot
boxes, ballots, the necessary blanks for tally sheets, lists of voters,
valuation of property and compiled statement of the voters in
number and amount, and fix the compensation of such election
officers.
(Duty of Registrar of Voters, S. 6, A. 256, '10.)
It shall be the duty of the registrar of voters to furnish the
commissioners appointed to hold such election with the lists of
taxpayers entitled to vote in person or by proxy at such elections,
together with the valuation of each taxpayer's property as shown
, by the assessment roll last made and filed prior to each election ;
provided that, when any taxpayer's name and valuation of
property shall be omitted from such list or erroneously entered
thereon the commissioners of election shall have authority to
receive affidavits of such taxpayer 's right to vote and of the
proper assessed valuation of his property, which affidavit shall
be attached to such taxpayer's ballot.
69
(Manner of Challenging Voters, S. 7, A. 256, '10.)
Whenever the vote of any taxpayer shall be challenged, the
commissioners of election shall receive in writing the grounds
of challenge, signed by the person or persons challenging such
vote, together with the challenged taxpayer's statement of his
asserted right to vote, and attach such challenge and statement
to his ballot.
(Form of Ballots, S. 8, A. 256, '10.)
The ballots provided for any election held under the provi-
sions of this Act shall be of such form as to enable the voters
to vote in favor or against the proposition submitted, and that
when more than one proposition shall be submitted at the same
time, they shall be so submitted as to enable one voter to vote
on each proposition separately. The ballots to be used at such
election shall be in the following form :
FOR THE LEVYING OF A TAX.
Proposition to levy a
mill (Rate;
tax on all the property subject to State taxation in
for the period
(Subdivision)
.of for the purpose of
(Term)
(Here state the purpose of the tax)
Taxable valuation $ . .
(Signature of Voter)
Yes
NOTICE TO VOTERS: To vote in favor of the proposi-
tion submitted upon this ballot place a cross (X) mark in the
square after the word ' ' Yes ; " to vote against it place a similar
mark after the word * ' No. ' '
70
FOR THE ISSUANCE OF BONDS.
Proposition to incur debt and issue bonds of
to the amount of
(Subdivision)
(Amount)
to run years, bear-
(Term)
(Rate)
(Annually or semi-annually) for the purpose of
(Here state the purpose of debt)
Yes
•
Taxable valuation $
No
Signature of Voter
NOTICE TO VOTERS: To vote in favor of the proposi-
tion submitted upon this ballot place a cross (X) mark in the
square after the word "Yes;" to vote against it place a similar
mark after the word "No." «
NOTE. — The voter must write his name on the back of his ticket.
(Manner of Selecting Substitute Commissioners, Etc., S. 9, A. 256, '10.)
Whenever any commissioner or clerk of election, appointed
as provided in Section five of this Act shall be unable, fail, or
neglect to attend or serve at the polling place designated at the
hour fixed for the opening of the polls, or within one hour
thereafter, the commissioner or commissioners present shall ap-
point, or in the absence of all the commissioners the voters present
shall elect the necessary number of commissioners and clerks,
who shall have the same powers, compensation and duties as
other commissioners and clerks, to serve in the place and stead
of such absent or delinquent appointees.
(Oath of Election Officers, S. 10, A. 256, '10.)
The commissioners and clerks of such elections, before open-
ing the polls, shall be sworn to perform all the duties incumbent
on them as such, the oath to be taken before any officer author-
71
ized to administer oaths, or by the Clerk and each commissioner
before any other commissioner, such commissioners of election be-
ing authorized to administer any oath and to receive any affidavit
provided for in this Act.
(Voter's Name to Be Endorsed on Ballot, S. 11, A. 256, '10.)
Each voetr's name shall be endorsed on his ballot; provided
that ballots voted by proxy shall have endorsed thereon the
names of both of the taxpayer and of her proxy.
NOTE. — Attorney General Guion rules that persons voting for a special
school tax or having to vote for a proposition to fund taxes into bonds shall
endorse their names on the back 'of the tickets. The voter's name and the
value of his property will appear on the face of the ticket in the blanks ar-
ranged for this purpose, but the voter's name should also be endorsed on the
back of the ticket.
(Manner of Voting, S.,12, A. 256, '10.)
The commissioners of election shall receive the ballot of each
voter, check his name, or that of his principal, on the list of
voters furnished by .the registrar as having voted, enter and num-
ber his name, or that of his principal, on the list of taxpayers
voting, and immediately deposit his ballot in the ballot box,
reserving to each voter the right to so fold his ballot that it
shall not be known at the time of his voting whether he has
voted in favor of or against the proposition or propositions sub-
mitted.
(Time of Opening and Closing Polls, S. 13, A. 256, '10.)
The polls of election ordered and held under the provisions
of this act shall, on the day appointed for any such election, open
at seven o'clock a. m. and remain open until and not later than
five o'clock p. m. ; provided that no election shall be vitiated by a
failure to open the polls at the time prescribed or by closing the
same before the time prescribed, unless, on a contest, it be proven
that voters 'were thereby deprived of their votes sufficient in
number and amount to have changed the result of such election.
(Manner of Compiling Votes, S. 14, A. 256, '10.)
That immediately after the closing of the polls, the commis-
sioners shall, in the presence of the bystanders proceed to open
the ballot boxes, count the ballots found in the box and check
same with the list of voters kept, then proceed to count the votes
in number and amount, keep in duplicate tally sheets showing
72
the votes in number in favor of and against the proposition or
propositions submitted and showing valuation of property in
favor of and against same, make in duplicate compiled state-
ments of the vote in number and amount, both in favor of and
against such proposition or propositions; that after swearing to
the correctness of the numbered list of voters, the duplicate tally
sheets and duplicate compiled statements, they shall deposit the
ballots, the registrar's list of voters, the numbered list of tax-
payers voting, one duplicate tally sheet and one duplicate com-
piled statement, in the ballot box, immediately seal up said ballot
box and, .within forty-eight hours after the closing of the polls,
deliver said sealed ballot boxes with their contents to the author-
ities ordering such election and shall within the same delay de-
liver the other duplicate tally sheet and the other duplicate com-
piled statement to the Clerk of the District Court of the parish
in which such election has been held, who shall file the same in
his office.
If the election commissioners on counting the ballots find
that they do not correspond with the list of voters, they shall
before counting the ballots, examine same for the purpose of
finding the discrepancy ; and if it should be found that any bal-
lots have been duplicated the same shall be destroyed, or if it is
found that the name of the voter has been omitted from the list
of persons voting, same shall be added to said list.
(Returns Canvassed by Governing Authority, S. 15, A. 256, '10.)
On the day and at the hour and place named in the notice
ordering such election, the authorities under whose orders such
election has been held, shall, in public session, proceed to open
the ballot boxes, examine and count the ballots in number and
amount, examine and canvass the returns and declare the results
of such election, which result they shall thereafter promulgate
by publication in one issue of the official journal, or other news-
paper of the parish, where there is no official paper, or by post-
ing where no newspaper is published.
(Process Verbal Required, S. 15, A. 256, '10.)
The authority ordering the election shall keep a process verbal
of the manner in which the ballot boxes have been opened, the
73
returns canvassed and the result of the election ascertained and
shall forward a copy of said process verbal to the Secretary of
State, who shall record the same, another copy to the Clerk of
the District Court who shall also record said copy in the mort-
gage records of the parish, and the remaining copy shall be re-
tained in the archives of the office of the authority ordering the
election.
(Returns Kept Three Months, S. 16, A. 256, '10.)
The custodian of the archives or records of the authority
ordering such election shall preserve, for the term of three
months from the date of promulgation of such election, the
ballots and other returns thereof.
(Election Incontestible After Sixty Days, S. 17, A. 256, '10.)
For a period of sixty days from the date of the promulgation
of the result of any such election, any person in interest shall
have the right to contest the legality of such election for any
cause; 'after which time no one shall have any cause of action
. to contest the regularity, formality, or legality of said election
for any cause whatever. If the validity of any election held
under the provisions of this Act is not raised within sixty days
herein prescribed, then no governing authority of any sub-
division herein named, required to levy a tax or issue bonds
as authorized at an election or under this Act, shall be permitted
to refuse to perform that duty and urge as an excuse or reason
therefor, that some provision of the Constitution or law Ox
Louisiana has not been complied with, but it shall be conclusively
presumed that every legal requirement has been complied with,
and no court shall have authority to inquire into such matters
after the lapse of sixty days as herein provided.
(Majority in Number and Amount Necessary to Carry an Election,
S. 18, A, 256, '10.)
Any proposition submitted by the governing authority of
any subdivision as herein authorized either for the purpose of
levying a tax, incurring a debt, or issuing bonds, must be voted
for by a majority in number and amount of the property tax-
payers, qualified as electors under the Constitution and laws of
this State, voting at an election held for that purpose as herein
74
provided, before any such tax shall be levied, or before any debt
shall be incurred or bonds issued.
(Duty of Governing Authority to Levy and Assess Special Tax, S. 19,
A. 256, '10.)
In the event that any election ordered and held as aforesaid
shall result in favor of the proposition to levy and assess special
taxes upon the property subject to taxation in the Subdivision,
the Police Jury for the Parish, Ward or Road District and the
Governing Authority of any other Subdivision named herein
shall, after the promulgation of the result of such election and
pursuant to the terms of the proposition submitted levy and
assess the said special taxes on such property,
(Tax Not to Exceed Constitutional Limitation.)
Provided that the total rate of taxation so imposed shall not
exceed the Constitutional limit, nor shall such tax run for a
greater number of years than the number named in the proposi-
tion submitted, nor be imposed for any other purpose than that
named in such proposition.
(Bonds; Regulations for Same, S. 20, A. 256, '10.)
In the event that any election ordered and held for the pur-
pose of incurring debt and issuing negotiable bonds therefor
shall result in favor of the proposition, the Police Juries for
their respective Parishes, Wards or Road Districts and the gov-
erning authorities of all other Subdivisions shall, after the pro-
mulgation of the result of such election and pursuant to the
terms of the proposition submitted, by resolution incur the debt
and issue negotiable bonds therefor, to be signed by the President
or Chairman and Secretary of the authority issuing the bonds,
provided the bonds shall be issued for no other purpose than
that stated in the submission of the proposition to the property
taxpayers, nor for a greater amount than therein mentioned,
nor for any other purpose than the purpose set forth in the
proposition submitted to the property taxpayers and as author-
ized by the Constitution of the State, nor run for a longer time
than that named in the proposition not exceeding forty years nor
bear a greater rate of interest than five (5) per centum per
annum, payable annually, nor issued for a greater amount than
75
ten per centum of the assessed value of the subdivision, including
any prior bond issue nor be sold by the authorities issuing same
for less than par.
(Collection of Taxes Governed by General Laws, S. 23, A. 256, '10.)
All the articles and provisions of the Constitution of 1898
and all the laws in force or that may be hereafter enacted
regulating and relating to the collection of State taxes and tax
sales shall also apply to and regulate the collection of the special
taxes or forced contribution, imposed under the provisions of
this Act, through the officer whose duty it shall be to collect the
taxes and moneys due the municipal corporation, parish, or
drainage district, imposing such special taxes, or forced contribu-
tions. •
(Proceeds of Bonds a Trust Fund for Payment of Interest and Principal
of Bonds, S. 24, A. 256, '10.)
The proceeds of the sale of all bonds issued under the pro-
visions of this Act shall constitute a trust fund, to be used ex-
clusively for the purpose or purposes for which said bonds are
authorized to be issued. That any income derived from the
particular improvement purchased or constructed, when so set
aside by resolution of the governing body of the subdivision,
shall, after the expense and cost of maintenance of said improve-
ments are paid, constitute a trust fund to be devoted to the pay-
ment of the interest on the indebtedness so contracted, and any
surplus, after the payment of such interest, shall be placed in
the sinking fund to be used in the -extinguishment of the principal
of said obligation or bonds at maturity.
(Proceeds of Special Taxes Collected a Trust Fund, S. 25, A. 256, '10.)
The proceeds of any special tax which have been voted for a
particular purpose as authorized by the Constitution and the
provisions of this Act shall constitute a trust fund to be used
exclusively for the objects and purposes for which the tax was
levied and shall from year to year as collected be kept separate
and used for no other purpose than the purpose for which the
said tax was voted.
(Sinking Fund to Be Set Aside, S. 26, A. 256, '10.)
If the bonds to be issued are to be paid out of funds realized
from a tax, an acreage tax or forced contribution, which tax,
76
acreage tax or forced contribution is limited and a fixed amount
required to be collected each year, then the governing authority
issuing the bonds and levying the acreage tax, shall, beginning
at a yearly period before the maturity of such debt or bonds,
which period shall never be less than one-fourth of the whole
term for which said debt is incurred, or said bonds are issued, set
aside annually, from said trust fund derived from said tax,
acreage tax or forced contribution, a sinking fund for the pay-
ment of the principal of said debt, or said bonds, at least
one fraction of the principal of said debt, on said bonds, said
fraction to be ascertained by dividing the principal of said debt
or of said bonds by the remaining number of whole years before
the maturity of said debt or bonds; and that the sinking fund
thus set aside shall be sacredly applied to the payment of such
debt and such bonds. The time from the commencement of the
provision of a sinking fund as herein required, until the ma-
turity of the said debt or of said bonds to be known as the re-
demption period.
(Tax to Pay Principal and Interest Must Be Levied Every Year, S. 27,
A. 256, '10.)
The governing authority of a Subdivision incurring debt
and issuing bonds as herein contemplated, shall annually, at
the same time that other taxes are levied, or at any other time, in
addition to all other taxes now authorized by the Constitution
and laws of the State of Louisiana, and in addition to any special
tax that may be levied at any election called and held for
that purpose, levy a tax sufficient to pay the interest and prin-
cipal on said bonds becoming due the ensuing year. When a
period is fixed at which such bonds shall begin to mature, the
total amount of indebtedness shall be divided among the num-
ber of years in which payments are to be made and the prin-
cipal to be paid each year, fixed at such amount that when the
total annual interest is added thereto the amount to be paid each
year shall be as nearly equal and uniform as possible. Such tax
may be levied and extended upon the assessment roll at any
time prior to the final collection of the taxes for that particular
year. If the authority herein authorized to levy and assess such
tax should fail, neglect or refuse to do so before the completion
77
of the assessment rolls, the Auditor of Public Accounts shall be
authorized and it shall be his duty to name the rate of such tax
and order same extended upon the assessment rolls and collected.
(Maturity of Bonds Must Be Fixed, S. 28, A. 256, '10.)
Whenever a debt has been authorized to be incurred, the
governing authority issuing bonds to evidence such debt shall
fix a time certain at which the bonds shall begin to mature,
which shall not be longer than five years from the date of said
bonds. After fixing such date, then the governing authorities
shall fix the denomination of the bonds due each year thereafter
for an amount that when the annual interest is added thereto
the total amount to be paid, including principal and interest,
each year shall be as nearly equal as practicable.
(Bonds Shall Be Registered by Secretary of State, S. 31, A. 256, '10.)
All bonds issued by any of the subdivisions of the State as
herein defined, shall, after the time has elapsed in which the
validity of such bonds can be contested, to-wit, sixty days from
the date of the promulgation of the result of the election, in-
curring the debt and ordering the issuing of such bonds, be reg-
istered by the Secretary of State and shall have endorsed thereon
the words:- "This bond secured by a tax. Registered on this the
day of — , 19—," and signed by the
Secretary of State with the Great Seal of Louisiana affixed.
(Election Officers Vested With Same Authority as in General Elections,
S. 32, A. 256, '10.)
The commissioners and clerks of elections held under the
provisions of this Act shall have the same powers and duties in
conducting said elections and in preserving order at the polls,
as are conferred and imposed upon such officers under the
general election laws of this State; and that whatever is declared
in the general election laws to be a felony, other crime, or mis-
demeanor, shall be such for any election held under the pro-
visions of this Act, and shall be punished in the same manner;
that any willful failure or neglect to comply with the require-
ments of this Act or any willful violation of same, by any officer,
agent, or employee, of any subdivision herein defined, availing
itself of the provisions of this Act, shall be a crime and shall
be punished bv a fine of not less than twenty-five dollars nor
78
more than five hundred dollars, or by imprisonment not exceed-
ing one year, with or without hard labor, or by both such fine
or imprisonment, at the discretion of the court.
(All Special Tax Elections Hereafter, Governed by This Act, S. 33,
A. 256, '10.)
Nothing in this Act shall be held or construed to invalidate,
or render illegal the acts, proceedings, elections, taxes, debts,
bonds, ordinances, resolutions, bids, agreements, contracts or
obligations, done, had, held, levied, authorized to be levied, in-
curred, authorized to be incurred, issued, authorized to be is-
sued, adopted, accepted, or entered into, pursuant to any article
of the Constitution, by any subdivision herein named (the City
of New Orleans excepted) prior to the passage of this Act;
that any provision in the charter of any municipal corporation
of this State (the City of New Orleans excepted) in conflict with
the provisions of this Act for the immediate submission of the
proposition herein specified to the property taxpayers of said
corporation in an election ordered by same under this Act and
for the immediate levy of said tax when duly authorized, be
and the same, insofar as it is in conflict therewith, is hereby
repealed.
(Inheritance Tax; How Paid and Distributed, S. 3, A. 45, '04.)
In all cases where the inheritance tax appears to be due, it
shall be the duty of 'the administrator, executor, or other officer
in charge of the succession, or of the heir to pay over to the Tax
Collector of the parish where the succession is opened the full
amount of said inheritance tax and to present the receipt to the
judge before obtaining a discharge or of being put in possession
of the estate ; the surety on the bond of the administrator, exec-
utor or other officer in charge of the estate shall be liable in
solido with the officer for the full amount of the inheritance tax ;
such taxes shall be distributed to the several parishes in accord-
ance with Article 248 of the Constitution.
NOTE. — All Inheritance taxes shall be remitted to the State Treasurer, who
shall credit same to Current School Fund.)
(Duty of Parish Superintendent and Parish School Board, S. 4, A. 45,
'04.)
It shall be the duty of the parish superintendent and of the
president of the school board of the City of New Orleans to
79
see that this Act be carried out, and that the full amount of
the inheritance tax be duly collected, and it shall be the duty
of the District Attorney for the various parishes throughout
the State, when called upon by the .parish superintendent or
the president of the school board in the Parish of Orleans to
take proceedings to enforce the provisions of this Act.
(Inheritance Tax in Favor of Public Schools, A. 109, '06.)
There is now and shall hereafter be levied, solely for the
support of the public schools, on all inheritances, legacies and
other donations mortis causa to or in favor of the direct descend-
ants or ascendants of the decedent, a tax of two per centum, and
on all such inheritances or dispositions to or in favor of the
collateral relatives of the deceased, or strangers, a tax of five
per centum on the amount of the actual cash value thereof at
the time of the death of the decedent.
(When Not to Be Imposed.)
Section 2. Said tax shall not be imposed in the following
cases :
a. On any inheritance, legacy or other donation mortis causa
to or in favor of any ascendant or descendant of the decedent
below ten thousand dollars in amount or value.
?>. On any legacy or other donation mortis causa to or in
favor of any educational, religious or charitable institution.
c. When the property inherited, bequeathed or donated shall
have borne its just proportion of taxes prior to the time of such
donation, bequest or inheritance.
(Manner of Taking Possession of Succession.)
Section 3. It shall be unlawful for any heir, legatee or other
beneficiary of a donation mortis causa to take or be in possession
of any part of the things or property composing the inheritance,
legacy or other donation mortis causa, or to dispose of the
same or any part thereof, until he shall have obtained the author-
ity of the court to that effect, as hereafter provided; and in
case he shall so take or be in possession or shall so dispose of
such things or property, or any part thereof, he shall no longer
have the right of renouncing such inheritance or donation mortis
causa, and shall remain personally liable for the tax thereon;
but he may, without waiting for authority do such acts as may
80
seem necessary to preserve the property from waste, damage
or loss.
(Duty of Executor.)
Section 4. The executor of the will of a person deceased, or
the administrator of his succession, shall, after payment of his
debts, proceed against the tax collector and all the heirs and
legatees of the deceased summarily, by rule before the court
which has jurisdiction of the succession, to fix the amount of tax
due by each heir or legatee, and on trial thereof the court shall
render judgment for the same against each heir or legatee, with
interest and costs, as hereinafter provided.
(Amount of Taxes to Be Deducted by Executor.)
Section 5. The executor or administrator shall thereupon
pay to the tax collector the amount of tax, with interest and
costs, so fixed, on each inheritance, legacy or donation, out of
the funds comprised therein, if sufficient. Should there not be
sufficient funds, the court shall, on the application of the heir
or legatee, grant an order for the sale of the property composing
such inheritance, legacy or donation, or so much thereof as may
be necessary, for the purpose of paying such judgment. If the
same be not paid by the heir or legatee, or an order of sale be
not granted, as above provided within thirty days after the date
of the judgment, the court shall, on the application of the ex-
ecutor or administrator, grant an order of sale for the said
purpose, as above provided, and the executor or administrator
shall pay the said judgment out of the proceeds of the sale.
Such sale shall be mad_ in such manner, and on such terms
and conditions as the court shall prescribe, and the expense
thereof shall be borne by the heir or legatee.
(Duty of Executor.)
Section 6. No executor or administrator shall deliver any
inheritance or legacy until the tax thereon shall be fixed and
paid, as herein provided; otherwise he, together with his surety,
shall be personally liable for said tax, with interest and cost.
And no executor or administrator shall be discharged until it is
shown that all taxes under this Act, due by the heirs and legatees,
have been paid, or' until it is judicially determined by the process
lii-i-ciu provided that no tax is due.
81
(Duty of Legal Heir.)
Section 7. In all cases in which an administration is not or-
dered by the court, che legal or instituted heir, or universal
or residuary legatee, shall within six months after the death
of the decedent, or, should there be a will, within the same time
after the discovery of the same, present to the court a detailed
descriptive list, sworn to and subscribed by him, of all items
of property contained in and composing the estate of the de-
cedent, and therein shall state the actual cash value of each such
item at the time of the death of the decedent, and service thereof
shall be made on the tax collector who shall have the right to
traverse the same. Should the deceased have made special or
particular legacies or donations mortis causa, the legatee shall
also be served, and after summarily hearing the parties the court
shall fix the amount of tax due as aforesaid by each such heir or
legatee, and shall gender judgment therefor, with interest and
costs, against each of them.
(Amount of Tax to Be Deducted.)
Section 8. In the same manner as provided in Section 5,
the heir or universal or residuary legatee shall thereupon pay or
take measures for the payment of the tax due on all special or
particular legacies or donations.
(Property May Be Sold to Pay Taxes.)
Section 9. The heir or universal or residuary legatee may
likewise obtain an order for the sale of the property of his
inheritance or legacy, or part thereof, for the purpose of paying
the tax thereon. But if such tax be not paid, or such order of
sale be not made within thirty days after the date of the judg-
ment fixing the amount of the tax, a similar order for the same
purpose shall be granted on the application of the tax collector,
and thereunder any property forming part of the inheritance
or legacy may be sold, and the proceeds thereof .shall be applied
to the payment of the tax with interest and costs.
(Duty of Heir to See That Tax. Is Paid.)
Section 10. The heir or residuary or universal legatee shall
not deliver any legacy until the tax thereon shall have been
fixed and paid; otherwise he shall be personally liable for the
said tax, with interest and costs.
82
(Search for Will; When Made.)
Section 11. If during the six months next following the
death of any person leaving property, movable or immovable,
within this State, an administration of his succession be not
applied for or, his legal ^r instituted heir or universal or residu-
ary legatee do not apply to the court to be placed in possession
thereof, as herein provided, the court shall ex parte and on the
application of the tax collector grant an order directing that a
search be made for the will of the deceased by a notary public,
and in aid of the same may order that all persons having in their
possession or control any books, papers or documents of the
deceased, or any bank-box, safe deposit vault or other receptacle
likely or designed to contain the same, shall open such receptacle
and exhibit the contents thereof, as well as all other books, papers
and documents of the Deceased, to the said notary.
(Court May Appoint Executor.)
Section 12. Should the said notary find aiiy document ap-
pearing to be the will of the deceased, he shall take possession
of the same and produce it in court ; and on application of the
tax collector, or of any party in interest, the court shall proceed
to the probate thereof, as now provided by law. If an executor
be therein appointed, the person named shall be notified, and if
he do not within ten days after notification accept the appoint-
ment, and if within the ten days next following this delay no
person entitled to be appointed dative testamentary executor
shall apply for the appointment, then the Public Administrator
in the Parish of Orleans, and in the other parishes the tax col-
lector, shall be appointed dative testamentary executor of the said
decedent, and the administration of his succession shall proceed
as herein directed and according to existing law.
(Procedure Where No Will Is Found.)
Section 13. If the notary can find no will, he shall report
the fact to the court; and thereupon the tax collector shall pro-
ceed against the legal' heir or heirs of the deceased summarily
by rule to fix the amount of tax due by him or them, and each
of the heirs shall be ordered, within a delay to be fixed by the
court, which may be extended from time to time in the discre-
tion of the court, to make and file a detailed descriptive list,
83
sworn to and subscribed by Mm, of all the items of property
contained in and composing the estate of the decedent, stating
therein the actual cash value of each such item at the time of the
death of the decedent, and the tax collector shall have a right
to traverse the same. On trial of the rule the court shall fix the
amount of tax due by each of the heirs, and shall render judg-
ment for the same against each of them, and in such case, as
well as in the cases mentioned in Section 12, shall include in
.the costs payable by the heir or legatee a fee of not more than
ten per cent, on the amount of tax due by each heir or legatee
in favor of the attorney for the tax collector. In the same
manner and under the same conditions as provided in Sections
5 and 9 of this Act, such heirs or legatees shall have the right to
procure the sale of their inheritances or legacies for the pur-
pose of paying the tax due thereon, with interest, costs and at-
torneys fees; and if payment thereof be not made by the heir
or legatee, or if an order of sale, as above provided, be not
granted, within thirty days after the date of the judgment,
the tax collector shall be entitled to a similar order, and there-
under any property forming part of the inheritance or legacy
may be sold.
(Any Heir May Institute Proceedings and Receive Fee.1*
Section 14. Should there be more than one legal or instituted
heir or universal or residuary legatee any one of them may
institute the proceedings provided by this Act, and the others
shall be made parties thereto and such heir shall be entitled to
recover out of the mass of the succession one reasonable attor-
ney's fee, besides his costs.
(Rights of Creditors Preserved.)
Section 15. Nothing contained in this Act shall affect the
rights of creditors of persons deceased or the rights of the cred-
itors of the heirs or legatees of such persons, as established by
the general law.
(Legacy Indivisible.)
Section 16. Each inheritance or legacy is indivisible^ and
must be accepted or renounced for the whole; and the heir or
legatee shall not be entitled to be placed in possession of the
84
same, and shall be without right or capacity to alienate any
part thereof, until the tax on the whole shall have been fixed
and paid, or until it shall have been judicially determined, in
the manner herein provided, that no part of the same is subject
to the tax imposed by this Act.
(Prohibiting Delivery of Effects Before Tax Is Paid.)
Section 17. No bank, banker, trust company, warehouseman,
or other depository and no person or corporation or partnership
having on deposit or in possession or control any moneys, credits,
goods or other things or rights of value for a person deceased,
or in which he had any interest, and no corporation the stock or
registered bonds of which are owned by a person deceased shall
deliver or transfer such moneys, credits, stock, bonds, or other
things or rights of value to any heir or legatee of such deceased
person, unless the tax due thereon under this Act shall have
been paid, or unless it be judicially determined in the manner
herein prescribed that no tax is due by such heir or legatee.
Otherwise the person or corporation so making delivery or trans-
fer shall be liable for the said tax. But the order of a court
of competent jurisdiction, directing such delivery or transfer,
shall be full authority for the same.
(Burden of Proof.)
Section 18. The burden of proving facts establishing ex-
emption from the tax imposed by this Act is upon the person
claiming exemption.
(Jurisdiction.)
Section 19. The District uourt or tne last domicile of the
deceased, and in the Parish of Orleans the Civil District Court,
shall have original jurisdiction to hear and determine all the
proceedings provided by this Act. In the case of a non-resident
decedent, the District Court, or Civil District Court, of any
parish in which he left property, movable or immovable, shall
exercise such jurisdiction, and the court in which such proceed-
ings shall be first begun shall have exclusive original jurisdiction
thereof.
(Unknown Heirs.)
Section 20. Non-residents and unknown heirs and legatees,
and those whose whereabouts are unknown, shall be represented
85
by curator ad hoc appointed by the court, and all notices, cita-
tions and demands prescribed by this Act shall be served on such
officers. Though there be in any case more than one unknown
or absent heir or legatee, all may be represented by the same
curator.
(Commissions of Tax Collectors.)
Section 21. The tax collector spoken of and Intended by this
Act is the Sheriff and ex-officio Tax Collector of the parish in
which was the last residence of the decedent, or in which is sit-
uated property of a non-resident decedent, and in the Parish of
Orleans the Clerk of the Civil District Court. They shall re-
ceive a commission of two per cent on their collections of taxes
under this Act.
(Compensation of Attorneys.)
Section 22. In and for the Parish of Orleans the Governor
shall appoint by and with the advice and consent of the Senate,
for a term of four years, an attorney at law, whose duty it shall
be to advise, assist and represent the Clerk of the Civil District
Court in the enforcement of this Act. For his services, except
as provided in Sections 12 and 13, he shall receive a fee of four
per cent, on all taxes collected hereunder, payable out of the same
before transmission to the Treasury. In all other parishes of
the State the said duties shall be performed by the attorneys
appointed under existing law to assist the tax collectors in the
collection of delinquent licenses, and the compensation of such
attorney shall be as above provided.
(Method of Fixing Value of Annuity.)
Section 23. In fixing the value of any legacy or donation
mortis causa which consists in whole or in part of an annunity
or usufruct or right of use or habitation, the court shall consider
the expectancy of life of the legatee or donee according to the
table known as the American Experience Table of Mortality, at
six per cent, per annum compound interest.
(Delinquent Penalty.)
Section 24. Taxes hereby levied shall bear interest at the
rate of two per cent per month, beginning six months after the
death of the decedent; saving to any heir, legatee, or donee the
86
right to stop the running of interest against him by paying the
amount of his tax with accrued interest, or by tendering the same
to the tax collector in the manner prescribed by the general law ;
provided, however, that in cases in which the settlement of the
succession is not unduly delayed, or in which the right of any
party to receive an inheritance or legacy is contested, and in all
cases in which the failure to pay tax on any legacy or inherit-
ance within the period aforesaid is not imputable to the laches
of the heir or legatee, the court may, in its discretion, remit such
interest.
(Costs to Be Borne by the Succession.)
Section 25. The costs of all the proceedings under this Act
shall be borne by the mass of the succession; provided, that in
cases in which it seems to him equitable to do so the judge shall
have the power to apportion the costs among the several parties,
or allow any party to retain his costs out of any sum found to
be due by him for tax hereunder. Provided, the provisions of
this Act shall affect all successions not finally closed, or in which
the final account has not been filed.
(Assessing the Poll Tax, S. 1, A. 89, '88).
The Tax Assessors throughout the State be and they are
hereby required to render to the School Boards of their respective
parishes, annually, 'by the first Saturday of October, a complete
schedule list, by wards, of all persons liable to pay poll tax in
their respective parishes. If any Assessor fails to comply with
the requirements of this Act, the failure shall be cause for re-
moval ; besides, he shall be subject to a fine of $250, for the benefit
of the public schools in the parish in which the delinquent officer
resides, and in which he is the Assessor. In the City of New
Orleans the Board of Assessors shall comply with the require-
ment of this Act, and in the event of failure, shall be subject
to dismissal and penalty as before provided. (See Arts. 231 and
252, ^Constitution of 1898.)
(Returns of Collections, S. 2, A. 89, '88.)
The Sheriffs and Tax Collectors in their respective parishes
shall return, by the first Saturday of February, of each and every
year, to the School Boards of their respective parishes, a list pred-
87
icated upon the list mentioned by wards, showing all persons in
the parishes, respectively, who have paid their poll tax, as well
as persons who have not paid the 'same, and shall return their
reasons in writing and under cath, the cause in each instance
of the non-payment of a poll tax, and why they have not collected
the tax not collected.
(Penalties, S. 3, A. 89, '88.)
If the said Sheriff or Tax Collector fails to show cause why
the said poll tax has not been collected, he shall be responsible
for and shall pay the poll taxes he has failed to collect, and shall
be held liable with his securities on his official bond for the pay-
ment of said tax.
(Rules for Non-Compliance, S. 4, A. 89, '88.)
The Sheriff can be made to show cause why the said poll tax
has not been collected, at chambers, before the district judge,
after service of rule and three days have elapsed after service.
(Receipt for the Poll Tax, S. 1, A. 87, '86.)
Before any persons serving as jurors or witnesses in criminal
cases shall receive the compensation to which they are entitled
for their mileage and per diem, they shall exhibit to the clerk
of the court a receipt for the poll tax or taxes due by them.
(Deduction of Witnesses' and Jurors' Compensation, for Poll Tax, S. 2,
A. 87, '86.)
On their failure to produce such receipt the clerk of court
or other officer, issuing certificates or warrants for their mile-
age and per diem, shall issue certificates or warrants for amounts
less the poll tax due, and shall issue the certificate or warrants
for amounts so reserved for poll tax, to the treasurer of the
school board of the parish, who shall collect same.
(Report by the Clerk of Court, S. 3, A. 87, '86.)
The clerk of court or other officer, issuing such certificates or
warrants, shall report to the tax collector of the parish the names
of all persons from whom he has reserved amounts for poll tax,
and the tax collector shall give such person credit for such poll
tax.
NOTE. — The custom Of sonie tax collectors of claiming and collecting com-
missions for the retention of polls by the Clerk of Court is without foundation
in law, as the tax collector in no sense collects the tax and is entitled to no
commission thereon.
88
(Poll Tax Collections of Orleans, S. 1, A. 56, '94.)
The collection of poll taxes in the Parish of Orleans, to-
gether with all the processes, commissions and obligations inci-
dent thereto as now provided by law, are vested in the treasurer
of the City of New Orleans.
(Election on Sale of School Lands, S. 2958, R. S.)
It shall be the duty of the parish treasurers of the several
parishes in this State to have taken the sense of the inhabitants
of the township, to which they may belong, any lands heretofore
reserved and appropriated by Congress for the use of schools,
wnether or not the same shall be sold, and the proceeds invested
as authorized by an Act of Congress, approved February 15,
1843. Polls shall be opened and held in each town-
ship after advertisement, for thirty days, at three of the most
public places in the town, and at the courthouse door, and the
sense of the legal voters therein shall be taken within the usual
hours, and in the usual manner of holding elections, which elec-
tions shall be held and votes received by a member of the parish
school board or a justice of the peace; and if a majority of the
legal voters be in favor of selling the school lands therein, the
same may be sold, but not otherwise. The result of all such elec-
tions shall be transmitted to the parish treasurer, and by him to
the State Superintendent.
(Survey, S. 2959, R. S.)
Before making sale of the school lands belonging to the State,
it shall be the duty of the parish treasurer, or other persons
whose duty it may become to superintend the sales, to cause a
resurvey of such lines as from any cause may have become oblit-
erated or uncertain; and for this purpose he is authorized to
employ the parish surveyor, or on his default, any competent
surveyor; and the lines thus surveyed shall be marked in such
manner as to enable those interested to make a thorough exam-
ination before sale, and all advertisements made for the sale of
such lands shall contain a full description thereof according to
the original survey and that required by this section. The ex-
penses of the survey shall be paid by the Auditor of Public Ac-
counts out of the proceeds of the sale of the lands on^the war-
rants of the parish treasurer.
NOTE. — The State is the trustee of these lands or of the proceeds of their
sale for the use of the inhabitants of the township in which they are located —
vide, Board of School Directors, vs. Ober, 32 A. 419. ^
89
(Rights of Way May Be Granted to the United States by the School
Boards, A. 14, '08.)
The Parish Board of School Directors of any parish within
the State shall have authority by resolution duly passed by said
board, when in its judgment it is to the manifest interest of the
public in general, and in order to facilitate the construction,
maintenance and operation of canals, or a portion of a canal, or
branch of any canal, constructed by or under the authority of
the United States for the purpose of transportation or for pur-
poses of extension or improvement of the public waterways, to
donate to the United States of America rights of way over and
across any of the lands belonging to the public schools located
within the parish in which said board is constituted or organized,
which grant or donation may be made without any previous ad-
vertisement thereof, when authorized by a resolution of said
board to sign an act of conveyance evidencing such grant or
donation; provided, however, that the said Parish Boards of
School Directors shall in every case reserve the right to control,
occupy and use any part of said rights of way not actually
needed by the United States in the manner and to the same
extent as before conveying said rights of way, and also the right
to transfer, lease, quit-claim, or otherwise dispose of the said
rights of way and every part thereof, subject to the grant made
to the United States.
(Sale on the Order of the Auditor, S. 2960, R. S.)
If the majority of the votes taken in a township shall give
their assent to' the sale of the lands aforesaid, the parish treas-
urer shall forthwith notify the Auditor of Public Accounts of the
vote thus taken, and upon his order the said lands shall be sold
by the parish treasurer, at public auction, before the courthouse
door, by the sheriff or an auctioneer to be employed by the
treasurer at his expense, to the highest bidder, in quantities not
less than 40 acres, nor more than 160, after having been pre-
viously appraised by three sworn appraisers, selected by the
parish treasurer and recorder of the parish, after thirty (30)
days advertisement, but in no case at a less sum than the ap-
praised value, payable on a credit of ten years, as follows : ten
per cent in cash and the balance in nine annual installments, the
90
interest to be paid on the whole amount, annually, at the rate of
eight per cent per annum ; the notes shall be made payable to the
Auditor of Public Accounts, secured by special mortgage on the
land sold, and personal security in solido, until final payment of
principal and interest; in event of the purchaser neglecting or
refusing to pay any of these installments or interest at maturity,
the mortgage shall be forthwith closed, and the parish treasurer
is hereby authorized to advertise and sell the land as before pro-
vided for, and further authorized and required to execute all
acts of sale on behalf of the State for any such lands sold, to
receive the cash payment and notes given for the purchase, which
shall be made payable to the State Treasurer, and to place
the same in the office of the Auditor of Public Accounts for
collection; all cash received, either for principal or interest,
from said sales shall be transmitted by him to the State Treas-
urer, and any moneys thus received into the State Treasury
from sales aforesaid shall bear interest at the rate of four per
cent per annum, and be credited to the township to which the
same belongs according to the provisions of the Act of Congress.
The parish treasurer shall forthwith notify the State Super-
intendent of the results of all sales made by him. The parish
treasurer shall be authorized to receive the whole amount bid
for the lands, deducting the eight per cent interest which the
credits will bear. (See Supreme Court decision as to price, etc.)
NOTE. — The above Act has been amended by Act 57 of '84, changing 6 per
cent to 4 per cent.
(Sale of Uninhabitable Lands, S. 1, A. 168, '94.)
All sixteenth section lands located in a township not habita-
ble by reason of the land being swamp or sea marsh, the school
board of the parish in which such lands are located may present
an application for sale of such sixteenth section land to the Aud*
itor of Public Accounts, in which they shall set forth the location
of the township, its character and the reason upon which a sale is
desired, and upon receipt of such application duly signed by the
president and secretary thereof, the Auditor may authorize the
sale, if in. his judgment a sale should be made.
(Sale Conducted in the Same Manner as Others, S. 2, A, 168, '94.)
In case a sale is ordered as provided for in Section 1 of this
Act, the parish treasurer shall make such sale in the same man-
91
ner, and upon the terms and conditions as is now provided by
law, for the sale of sixteenth section lands; provided this Act
shall not apply to sixteenth sections now leased to parties for a
term of years.
(Sale of Sections Divided by Parish Lines, A. 147, '57.)
When the sixteenth section of any township is divided by
a parish line, the treasurer of the parish in which a greater
portion of the section may lie, shall proceed to take the sense of
the people of the township, and to sell the same as provided by
law, as if the whole section lay in his parish; provided, that
the same shall be advertised at the courthouses of both parishes.
(Treasurer's Commission, A. 33, '59.)
Parish treasurers of the several parishes shall be entitled
to retain out of the proceeds of the sale of sixteenth sections
effected by them a percentage of two and one-half on the amount
of said sales, to be deducted from the cash payment, and the
same shall be in full compensation of their services.
(Proceeds of Lands Accruing to Townships, S. 2963, R. S.)
All moneys that have been or may hereafter be received into
the State Treasury, and the interest that has or may accrue
thereon from the sale of sixteenth sections of school lands
or the school land -warrants belonging to the various townships
in the State, shall be placed to the credit of the township, and
should the people of any township desire to receive for the
use of the schools therein, the annual interest payable by the
State on funds deposited to their credit, or the annual proceeds
of the loans, the parish treasurer shall, on the petition of five
legal voters in any such township, order an election to be held
in the township, as provided for the sale of township lands ; and
if a majority of any number of votes above seven be in favor of
receiving annually the accruing interest as aforesaid, the same
shall be paid to the treasurer of the parish for the use of the
township or district; otherwise the interest shall be an accu-
mulating fund to their credit until called for.
(Mode of Annulling Sales, S. 2965, R. S.)
In all cases of the sale of the school lands known as sixteenth
sections, heretofore made, where the purchase money has not
been paid, the purchaser or purchasers shall have the right to
92
annul the sale upon application to the district court of the par-
ish where the land is situated; provided, that the judgment of
nullity shall be obtained at the cost of the applicant and con-
tradictorily with the district attorney, in conjunction with the
school directors of the district in which said land is situated,
who shall be made a party defendant in such suit; provided,
also; that it shall appear upon the hearing that the value of the
land has not been impaired by any act of the purchaser; and
provided further, that nothing in this Act shall be so construed
as to entitle the said purchaser to repayment of any part of
the purchase money already paid.
(Auditor's Duty in the Collection of Notes, S. 1, A. 57, '84.)
It shall be the duty of the Auditor of Public Accounts, im-
mediately on the passage of this Act, to forward for collection
to the treasurer of the school board in their respective parishes
throughout the State, all the notes given for the purchase price
of sixteenth sections, or any part thereof, known as free school
lands, whenever any installment of said purchase price has
become due or may become due, and it shall be the duty of said
treasurer of the parish school board to receive and receipt for
same.
(School Board Treasurer's Duty in the Collection of Notes, S. 2,
A. 57, '84.)
It shall be the duty of the treasurer of the parish school
board, on receipt of the notes due and given for said sixteenth
sections, to immediately notify the principal and his sureties, in
writing, of the amount of said note, principal and interest, due
and unpaid ; provided, said lands for which said notes were
given are still in possession of the original purchaser, and if in
the possession of other parties, such possessor shall also be like-
wise notified of all the demands principal and interest, against
said lands, and if all the demands against the same be not satis-
fied within thirty days from said notice, it shall be the duty, of
the treasurer of the parish school board to turn over said notes
to the district attorney for said district, or other attorney selected
by the school board, for suit; and provided further, that said
notice shall serve as a bar to prescription, which shall only begin
to run from the service of said notice.
93
(Attorney's Duty in the Collection of Notes, S. 3, A. 57, '84.)
It. shall be the duty of said attorney to proceed without
delay, by all necessary legal processes, and without depositing
clerk's or sheriff's costs, or giving security therefor, to collect
all such notes as may be turned over to him by said treasurer
of the parish school board, and given for sixteenth sections,
known as free school lands, and if any of the conservatory writs
should be found to be necessary in order to aid in said collection,
it shall be lawful to issue the same, without giving bond as
required in other cases.
(Attorney's Compensation, S. 4, A. 57, '84.)
The said attorney shall receive ten per cent of all moneys
collected by him on notes given for sixteenth sections, and after
deducting said ten per cent he shall turn over the remainder to
the treasurer of the school fund for the parish in which the lands
are situated, and the same shall be transmitted through the
Auditor of Accounts, by said treasurer, to the State Treasurer;
and any moneys thus received into the State Treasury from
said collections shall bear interest at the rate of four per cent
per annum, and be credited to the township to which the same
belongs, according to the provisions of the Act of Congress.
(When Scrip May Issue, S. 2952, R. S.)
When such locations cannot be made, if deemed more ad-
vantageous, to the State, the Register, with the assent of the
Federal Government, is authorized to issue scrip for such lands,
which scrip shall not be sold for a less amount than one dollar
and twenty-five cents per acre.
(Duty of the Auditor in Fixing Capital Due the Townships, A. 96, '86.)
It shall be the duty of the Auditor of Public Accounts, by
the 1st day of January, 1887, to ascertain the amount of capital
that may be due the several townships from the proceeds of
the sales of sixteenth sections, made since the 1st of January,
1880, and actually paid into the State 'Treasury. The amount
thus ascertained shall be the capital upon which interest shall
thereafter be allowed and paid out of the interest collected on
the said bonds to the townships, the sixteenth sections of which
have been sold since the 1st of January, 1880, and the proceeds
94 ,
actually paid into the State Treasury, and the proceeds so paid
invested as required by law.
In calculating the interest due the several townships, no in-
terest shall be allowed for fractions of the year during which
the receipts shall have come into the treasury; but it shall com-
mence at the beginning of the first of January of the next year.
The interest due upon the capital ascertained as aforesaid,
and the interest due upon subsequent sales, shall be paid to the
township in the manner now provided for by law. It shall be
the duty of the Auditor to furnish the Treasurer and Superin-
tendent of Public Education with a statement of the amount
due each township.
(Lake Beds Sold for Account of Schools, A. 124, '02.)
Section 1. All islands, other than sea marsh islands, be-
longing to the State, as well as all other lands of the State, not
the property of any levee district, nor within the limits of
any levee district, which were formerly the beds of lakes, or
other bodies of water, whether navigable or unnavigable, which
are now, or may hereafter become dry in whole or in part by
reason of the recession therefrom of the waters which formerly
covered the same, be and the same are hereby declared to be
open to entry and sale for account of the State for school pur-
poses as hereinafter provided.
(Proceeds of Sale of All Such Lands to Be Placed to the Credit of
General School Fund, A. 124, '02.)
Section 7. The proceeds arising from the sales of said lands
shall, when paid into the hands of the State Treasurer, be placed
by him to the credit of the General School Fund of the State
for the benefit of the public schools of the State as now pro-
vided by law; provided that in addition to the price paid the
Treasurer the purchaser of any of the lands described in this
Act shall pay to the Register the fees allowed by law.
>(Duty of School Board Wh'en Vote Is Against Sale of Lands, S. 1, A. 54,
'10, amending A. 129, '08, amending S. 2962 of the Revised
Statutes.)
Should a majority of the legal voters be against the sale of
the lands, then it shall be the duty of the parish board of school
directors of the parish in which said lands are located to secure
95
them from injury and waste and to prevent illegal possession or
aggression of any kind and to lease the same, or any part thereof,
according to the provisions of the Act of Congress aforesaid as
amended by Act of Congress approved June 12th, 1884, and to
inform the State Superintendent thereof.
(Advertising Lease; Security Required.)
Such lease shall only be made after due notice shall have been
given by advertisement, for at least thirty days, in the official
journal of the parish, or in any paper published regularly in the
parish containing the land to be leased, of the time and place
where the land will be offered for lease to the highest bidder. In
all cases ample security shall be required, not only for the punct-
ual payment of the rent but for the protection of the lands from
all kinds of waste and injury. . Said parish board of school
directors shall have the right to reject any and all bids offered
for said lease, if in its judgment the bids do not reach a just and
fair value of the lease.
(Manner of Holding Elections on Sale of Timber; Lease of Oil and
Mineral Rights.)
The Parish Board of School Directors shall have the author-
ity, when in its judgment it is to the best interest of the schools
of a township, to take the sense of the legal voters residing in
such township relative to the sale of the timber on sixteenth
section school lands situated therein or the lease or sale of oil
and mineral rights on such land. Said vote shall be taken under
the direction of said board, who shall give thirty days' notice
thereof in the parish journal, or in any paper regularly pub-
lished in the parish, setting forth the time and place of the elec-
tion to be held. The said board shall appoint one of its mem-
bers to conduct the election, who shall hold open the polls and
allow votes to be cast within the usual hours and in the usual
manner of holding elections.
(Affirmative Vot^ to Be Reported to State Superintendent and Auditor
of Public Accounts.)
If a majority of the votes cast are in favor of the sale of the
timber, or the lease or sale of oil and mineral rights, the Parish
Board of School Directors shall at once report' the "result of the
election to the State Superintendent of Public Education and
96
to the State Auditor of Public Accounts, and upon the order
of the State Auditor the said board shall proceed to sell the
timber or lease or sell the oil and mineral rights, either or both,
as the case may be, under the same formalities and requirements
as provided for the lease of sixteenth section school lands here-
inabove set forth.
(Notes Made Payable to Auditor of Public Accounts, Secured by at
Least Two Solvent Sureties in Solido.)
In all cases where a sale of timber or of oil and mineral rights
is made under the provisions of this Act and deferred payments
are allowed, the notes representing such deferred payments
shall be made payable to the order of the Auditor of Public
Accounts, and their punctual payment shall be secured by at
least two good and solvent sureties who shall be liable "in
solido."
(Funds Accruing From Lease of Lands, Sale of Timber and Mineral and
Oil Rights Credited to Current School Fund of Parish.)
In all cases of the lease of sixteenth section school lands, or
of the sale of the timber thereon or of the lease or sale of oil and
the mineral rights thereof, the cash payment after deducting suf-
ficient amount to cover the actual expenses incurred by the said
election and making the said lease or sale, shall be credited to
the account of the current school fund of the parish where the
sixteenth section school lands are located, and notes representing
deferred payments shall be placed in the hands of the parish
school treasurer for collection, and when collected also credited
to the current school fund of said parish, to be used for general
school purposes.
(Leases or Sales of Timber, Oil and Mineral Rights Expire Automatic-
ally After Ten Years.)
In all cases where a sale of timber or the lease of or sale of
the oil and mineral rights is made under the provisions of this
Act, the purchaser thereof or his vendees, or the lessee, shall
be allowed a period of not more than ten years in which to
remove the timber or to utilize the oil and mineral rights.
(Trespass on Sixteenth Section, S. 1, A. 14, '82.)
Whoever shall cut down, or remove for sale for his own use,
or the use of another, any timber on any free school land in this
97
State, belonging to the State, known as sixteenth section, shall
be deemed guilty of a misdemeanor, and upon conviction shall be
condemned to pay a fine of not less than fifty nor more than one
thousand dollars, and, in default of the same, be sentenced to
imprisonment not less than ten days nor more than one year.
(Same, S. 2, A. 14, '82.)
Whoever shall knowingly use, cultivate or inclose any free
school land, known as sixteenth section, without authority from
the parish board of school directors, shall on conviction be con-
demned to pay a fine of not less than fifty nor more than one
thousand dollars, and in default of the same be sentenced to
imprisonment for not less than ten days nor more than one year.
(School Boards Authorized to Sue for Recovery of Damages and Tres-
pass on Sixteenth Sections, S. 1, A. 158, '10.)
The several school boards of the various parishes of the State
be and they are hereby authorized and empowered to contract
with and employ on the part of the State of Louisiana, attor-
neys at law, to recover for the State, damages for trespass to
the sixteenth section known as school lands the title to which
is still in the State, each of said Boards to have authority to
make said contracts for the lands situated in its own parish
and no others ; and the several school boards shall also have
authority to sue for and recover the sixteenth section known
as school lands.
(Compensation of District Attorney and Other Attorneys, S. 2, A. 158,
'10.)
The attorney or attorneys thus employed shall work in con-
junction with the district attorney for the parish in which the
land is situated ; that the compensation of the district attorneys
shall remain as now fixed by law; that the compensation of
the other attorney or attorneys employed shall be fixed by con-
tract between the respective school boards and the attorney or
attorneys employed, and shall in each case be a contingent fee,
conditioned upon recovery; shall in each case be a fixed per-
centage of the amount recovered, and shall in no case exceed
twenty-five percentage of the amount recovered; provided that
if more than one attorney is thus employed for the same cause,
the same fee shall be paid to the whole number of attorneys, as
if only one had been employed.
98
(Manner of Bringing Suits, S. 3, A. 158, '10.)
Suit in all such cases shall be brought in the name of the
State of Louisiana, and the attorneys employed as aforesaid,
shall sue for the value of all timber cut and removed from any
such lands, as well as any and all other legal damages caused
by any such trespass.
(Authority Applies to Sixteenth Sections Illegally Acquired.)
The authority given by this Act shall apply to all sixteenth
sections donated by Congress to this State in trust for public
school purposes, and to which the State has never legally parted
with the title; and the suits herein authorized may be brought
against those who claimed the right to cut and remove timber
from any such lands, under color of title.
(Residue of Amounts Recovered to Be Paid Into State Treasury.)
Each and every amount recovered for the State as herein
provided shall, after deducting and paying the attorney's fees
as herein provided, and all other lawful costs and charges, be
paid into the State Treasury, to be kept on the books of the
Auditor and Treasurer, to the credit of the township in which
the land is situated, in the same manner as now provided by
law for the proceeds of the sale of such sixteenth sections.
(To Provide for the Sale of School Indemnity Lands, A. 217, '02.)
Section 1. That all lands now owned by, or which may
.hereafter inure to the State from the United States Govern-
ment as indemnity for school lands, shall be disposed of as
hereinafter provided.
Section 2. That the Register of the State Land Office shall
eaus^ to be advertised for sale at public auction for thirty clear
days, a list of the lands to be sold, which have not already been
advertised, the publication to be made in a newspaper published
in the parish where the land to be sold is situated, and no land
to be sold shall be advertised in any paper published outside of
the parish where the same is situated.
Section 3. That the Register shall adjudicate said lands at
public auction to the last and highest bidder at his office and in
case the land so offered for sale fails to bring at auction the price
of two dollars and fifty cents ($2.50) per acre the same shall be
99
withdrawn and shall be thereafter sold by him at private sale for
two dollars and fifty cents per acre.
Section 4. That the Register shall not issue a patent to the
purchaser of said land until he shall have paid into the hands
of the State Treasurer the purchase price of said lands.
Section 5. In addition to the purchase price paid for said
lands, the purchaser thereof shall pay to the Register the same
fees, as in other cases where a patent is issued, and out of the
purchase price so paid, the Treasurer of the State shall pay the
cost of advertising said property and place the balance thereof
to the credit of the various school boards entitled to receive
same.
Section 6. The provisions of this Act shall not refer nor apply
to applications for the entry and sale of school indemnity lands
which may be pending in the State Land Office at the time of
the passage of this Act.
(Sale Which Can Be Made by the Land Register, A. 315, '55.)
It shall be lawful for the Register of the State Land Office
to sell, at the price stipulated by law, to any board of free
school district directors of this State, any amount, not less than
five acres, of any land within their school district, donated
by Congress to this State, either for the. use of a seminary of
learning, or for the purpose of internal improvement, on which
to erect a schoolhouse.
(How Located, S. 2947, R. S.)
Any land so sold shall commence in the corner of a legal
division or sub-division of sections; and if in a right angle, it
shall be run an equal distance on two sides, bounded by the line
of such division, and form a square including the number of
acres sold; if in an acute angle, it shall be bounded by said
division lines to such distance, and by lines in such other direc-
'tions as the Register may deem most equitable between the land
so sold and that retained; the patents for lands so sold shall
issue to the free school directors and their successors, for the
use of their district schools, setting forth the number, and of
what parish.
100
(Reservation of School Lands, A. 316, '55.)
The Register of the State Land Office is required to ascer-
tain in what township in this State there are no reservations
of school sections by reason of conflicting claims or from any
other cause, or where the reservation is less than contemplated
by law; and in such cases it is made his duty under the super-
intendence of the Governor, to apply for, and as soon as possi-
ble, obtain a location of any land or part of land in lieu thereof.
(Providing for the Deposit of Public Funds, A. 25, '07, amended by
A. 282, '08.)
That all funds of the State of Louisiana, and of all parishes
and municipalities thereof, and all public boards, commissions,
md bodies created by or under the authority of the State or
my parish or municipality thereof, shall be deposited weekly
in the fiscal agency or agencies hereinafter mentioned. Such
deposits shall be made in the name of the State, or of the parish,
municipality, board, commission or body having by law the
custody of the same.
(Fiscal Agent to Be Bank Offering Highest Rate of Interest.)
The fiscal agency or agencies with whom such funds shall
be deposited shall be a bank or banks, chartered under the laws
of the State of Louisiana, or of the United States, and domi-
ciled in this State, offering the highest rate of interest, consist-
ent with the safety of such funds, upon the daily balances of
the deposits so to be made and giving satisfactory security here-
inafter mentioned.
(Manner of Selecting Fiscal Agency for State, Parish and Municipal
Funds.)
Such fiscal agency or agencies shall be selected as follows :
(1) As to funds belonging to or received in behalf of the
State whether by the State Treasurer, or any sheriff or tax col-
lector, the Board of Liquidation of the State Debt shall bien-
nially for thirty days beginning on the first Monday in March,1
1908, advertise in the official journal of the State, and in one
newspaper published in the cities of New Orleans, Baton Rouge,
Shreveport, Alexandria, Monroe, Lake Charles, and New Iberia ;
as to funds received by and in the hands of sheriffs and tax
collectors, said Board shall advertise for a like period in the
ioi v •' '.vKSMiA
same manner in one newspaper published in the parish where
such collective officer exercises his office, giving notice of the time
and place of letting out of the State's deposits, the amount
of security required, and inviting banks to bid for the custody
thereof; provided that as to the funds in the hands of the State
Treasurer, said advertisement shall be first made thirty days
prior to the expiration of the present contract with the fiscal
agents of the State, and the first letting shall be for a period ex-
piring April, 1910. Should there be but one bank in any parish
authorized hereunder to bid for the funds received by or in tne
hands of any sheriff or tax collector, said Board is authorized to
invite bids also from banks in contiguous parishes, when in their
judgment deemed proper, otherwise bidders shall be limited to
banks domiciled in said parish. As soon as possible after the
expiration of the terms of advertisement herein fixed shall have
expired, said Board shall meet at the capital and publicly open
bids and make awards of said deposits as herein required.
(2) As to funds belonging to or received in behalf of any par-
ish or municipality of this State, the police jury or the munici-
pal council shall at .the same time, in the same manner and un-
der the same regulations and penalties, as are provided for the
control of the Board of Liquidation of the State Debt in refer-
ence to funds received by and in the hands of sheriffs or tax
collectors, advertise and let such funds; provided that said
advertisement shall be for a period of fifteen days.
(Boards, Etc., Manner of Selecting Fiscal Agency.)
(3) As to funds belonging to or received by any public
board, commissions or body created by any special or general
act of the General Assembly of the State not held in the custody
or possession of the State Treasurer, such board, commission or
body shall advertise and let the deposits to the bank or banks
domiciled within the territorial jurisdiction of such board, com-
mission or body, or in case such jurisdiction does not extend
over an even parish, then to any bank in the parish, in the same
manner, at the same time, and under the same regulations and
penalties as are prescribed herein for funds of parishes and
municipalities.
102
(4) As to the funds belonging to or received by any board,
commission or body created or controlled by any parochial or
municipal government, the same shall be let as a part of the
funds of such parish or municipality, and any interest earned
thereon shall belong to the parish or municipality creating the
same.
(5) As to the funds deposited in the registry of any court
or coming into the hands of the clerk of court or sheriff in any
judicial proceeding, and not belonging to such officer, the same
shall be deposited in the fiscal agency awarded the custody of
the funds of the parish, the Parish of Orleans excepted. In the
Parish of Orleans, such funds shall be deposited in the bank or
banks offering the highest rate of interest consistent with the
safety of such funds, and giving security therefor, under such
rules and regulations as may be prescribed by the judges of the
Civil District Court. The interest thus earned shall accrue to the
party or parties finally decreed to be entitled to the ownership
of such funds.
(All Bids to Be Sealed. Same.)
Section 3. All bids shall be sealed and indorsed on the
envelope "Fiscal Agency Bid," and addressed to the State Aud-
itor or to the authority letting such deposits, as the case may be,
and shall be kept sealed until the meeting of the authority to
award said funds.
(Penalty for Breaking Seal.)
It is hereby declared a misdemeanor, punishable by fine not
exceeding one thousand dollars ($1,000) or imprisonment not
exceeding one year, or both at the discretion of the court, for any
person prior to such meeting to break the seal of any envelope or
covering enclosing such bid, or to examine the contents thereof.
(When the Bids of T'wo Banks Are Equal.)
Section 4. Where the bids of two or more banks are equal
the award shall be made to such banks in such proportion as said
banks may agree upon, and if they fail to agree, then in such
proportion, giving each a share, as the authority letting same
may determine.
103
(Compensation Calculated on Daily- Balance.)
Section 5. The compensation to be paid for deposits afore-
said shall be calculated on the daily balances as shown by the
books of the State Treasurer, or of the treasurer of the parish,
municipality or body, as the case may be, and shall be paid on
the first day of Janaury of each year; provided that the author-
ity letting the deposit may end the contract as to all or any
of such banks at any time, in the event that circumstances arise
which in their opinion jeopardize the safety of such deposits, by
giving thirty days ' notice in writing to the bank or banks holding
such deposits, and all such deposits shall be forthwith returned
by such bank or banks upon the expiration of such period. And
in case of such cancellation, the authority shall proceed as in case
of original lettings or relet the deposits theretofore deposited with
such bank or banks for the unexpired term of such contract.
(Security Required.)
Section 6. No funds of the State nor of any parish, munici-
pality, board, commission or body therein, shall be awarded to
any bank or banks as aforesaid or deposited therein, unless and
until such bank or banks shall have given the security provided
in this section.. The successful bidder or bidders shall as security
for the safekeeping and return of said deposit, deposit with the
State Treasurer, or with the fiscal officer of the authority letting
such deposits, an amount of bonds of the United States or of
the State (except Baby Bonds) or of any parish, city, town or
levee district therein, equal to the estimated average deposits of
such authority, as determined by the record of the year pre-
vious, or shall have given bond with a duly authorized surety
company as surety conditioned for the safe keeping and return
of such deposits and the payment of the interest thereon in a
like amount; provided that no surety company shall be accepted
as surety on any bond for a greater sum than ten per centum of
its capital and surplus; and provided further that such bank
or banks may deposit the bonds aforesaid for part of the se-
eurity and give surety bond for the balance in such proportion
as it or they may see fit ; and provided further that where such
deposits are divided between two or more banks, each may give
security for its proportion of the total security required, based
on the proportion of such deposits awarded to it.
104
(When Bonds Are Given as Security.)
Section 7. Where any successful bidder or bidders shall elect
to deposit as security the bonds of any political subdivision of
the State, such bonds must have, a market value of aj least equal
to the par value thereof, and in case such bonds should depre-
ciate in value, the authority shall have the right at any time to
demand additional security to make up the deficiency. If, at any
time, any depositary bank fail or suspend, or fail on due demand
without just cause to pay over such funds so deposited with it,
the State Treasurer, on the direction of the Governor, or other
fiscal officer, with whom any bonds may have been deposited as
security, on the direction of the authority which made such let-
ting, may forthwith, after ten days' advertisement in the news-
paper or newspapers in which proposals for bids must be adver-
tised for by such authority, sell such bonds, or a sufficient amount
thereof to cover the deposit and accrued interest thereon, by auc-
tion at the customary place where judicial sales are made in the
parish where such securities are held. In case any surety com-
pany given as surety should fail, cease to do business, or liquidate,
a new security shall be substituted within ten days from demand,
else the contract for such deposits shall ipso facto terminate and
a reletting of said deposits shall be made.
In case of any such default on the part of any fiscal agency
as aforesaid, when a surety bond has been given as security,
and the said surety company shall have failed, within thirty days
after demand upon it, to pay the amount of such deposit with
the accrued interest thereon, the State Treasurer, by direction
of the Governor, or the fiscal officer, on the direction of the au-
thority that let such deposit, as the case may be, shall institute
suit in the name of the State or such authority, as the case may
be, against the principal and surety, or both of them, on such
bond for the recovery of the amount of such deposits and ac-
crued interest and a penalty of ten per centum on the amount so
sued for together with costs. Such suit may be brought either
at the designated domicile of the plaintiff or the defendant ; and
in case of deficiency, the same shall be secured by first lien
and privilege on all property and assets of said depositary.
105
(When State Borrows Money; Rate to Be Paid.)
Section 8. In case it should become necessary for the State
to obtain advances of money, or for any of the other authorities
to borrow money in cases permitted by law, the bank or banks
awarded the contract as fiscal agent or agents, shall advance
the same at a rate of interest no greater than that allowed on the
said deposit ; provided, the amount so advanced shall not exceed
the amount on deposit to the credit of the State or such au-
thority.
Section 9. Wherever by any existing law or laws the deposit
of the funds of any municipality, board, commission or body with
any bank or banks paying the highest rate of interest consistent
with the safety of such funds, and giving security therefor, is
provided for, such law or laws shall remain in full force and
effect and nof be repealed or impaired hereby. Nor shall any
existing contracts made in pursuance of any such law or laws be
affected or impaired hereby. Except as in this section provided,
all laws or parts of laws in conflict herewith are hereby repealed.
(Grants and Reservations.)
The lands granted in the States and reserved in. the Territo-
ries for educational purposes by Acts of Congress from 1785 to
June 30, 1880, were :
(For Public or Common Schools.)
' Every sixteenth section of public land in the States admitted
to 1848, and every sixteenth and thirty-sixth section of such land
in State and Territories since organized— estimated at "67,893,919
acres.
(For Seminaries or Universities.)
The quantity of two townships, or 46,080 acres, in each
State or Territory containing public land, and, in some instances,
a greater quantity, for the support of seminaries or schools of a
higher grade — estimated at 1,165,520 acres.
(For Agricultural and Mechanical Colleges.)
The grant to all the States for agricultural and mechanical
colleges, by Act of July 2, 1862, and its supplements of 30,000
acres, for each Representative and Senator in Congress to which
the State was entitled, of land "in place" where the State con-
tained a sufficient quantity of public land subject to sale at or-
106
dinary private entry at the rate of $1.25 per acre, and of scrip
representing an equal number of acres where the State did not
contain such description of land, the scrip to be sold by the
State and located by its assignees on any such land in other States
and Territories, subject to certain restrictions. Land in place,
1,770,000 acres; land scrip, 7,830,000; total, 9,600,000 acres.
In all, 78,659,439 acres for educational purposes under the
heads above set out to June 30, 1880.
The lands thus ceded to the several States were disposed of
or are held for disposition, and the proceeds used as perma-
nent endowments for common school funds. (See Report of the
Commissioner of Education, Hon. John Eaton, to June 30, 1880 ;
land and auditors ' reports for the several land States ; Kiddle
& Schem's Dictionary of Education; and also ninth census,
E. A. Walker, superintendent, for details of endowments of the
several States for common schools resulting from the sales of
United States land grants for education.) As an illustration,
the State of Ohio has a permanent endowment for education,
called the "Irreducible State Debt," the result of sale of all
granted lands for education, of $4,289,718.52.
(Price of Seminary Lands, S. 2954, R. S.)
The price of the seminary lands shall hereafter be fixed at
one dollar and twenty -five cents per acre.
(Disposition of Funds of Towns on the Recision of Their Charters, S. 6,
A, 173, '94.)
If after paying all the debts of said town (upon the disso-
lution and recision of its charter) there shall remain any balance
of money, the same shall be turned over to the school board of
the parish to be used in the education of the children of school
age residing within the territory covered by said town.
(Prescription of Debts, Etc., S. 8, A. 103, '80.)
The term of prescription of any and all debts, due to any
charitable institution in this State, and to any college fund, or
any fund of any institution of learning, or to any fund be-
queathed for charitable purposes of education, and of all debts
contracted by borrowing the whole or part of any such funds,
shall be thirty years; provided, the debt is evidenced in writing.
107
(Free School Fund, S. 2957, R. S.)
The proceeds of all lands heretofore granted by the United
States to this State for the use or support of schools except the
sixteenth section in the various townships of the State specially
reserved by Congress for the use and benefit of the people
therein; and all lands which may hereafter be granted or be-
queathed to the State, and not specially granted or bequeathed
for any other purpose, which hereafter may be disposed of by
the State, and the ten per cent of the net proceeds of the sales
of the public land and which have accrued and to accrue to this
State under the Act of Congress entitled ' ' An Act to appropriate
the proceeds of the public lands," and to grant pre-emption
rights, approved September 4, 1841 ; and the proceeds of the
estates of deceased persons, to which the State has or may become
entitled by law, shall be held by the State as a loan, and shall
be and remain a perpetual fund, to be called the Free School
Fund, on which the State shall pay an annual interest of six
per cent ; which interest, together with the interest of the Trust
Fund deposited with this State by the United States, under the
act of Congress approved the 23d of June, 1836, with the rents
of all unsold lands, except that of the sixteenth sections, shall
be appropriated for the support of public schools in this State ;
and donations of all kinds which shall be made for the support of
schools, and such other means which the Legislature may from
time to time set apart for school purposes, shall form a part of
the fund, and shall also be a loan on which the State shall pay
an interest of six per cent per annum.
It shall be the duty of the Treasurer of the State to apply
annually, and to receive from the General Government, the said
ten per cent of moneys now due and to become due to this State,
and to place the same, when received, to the credit of the proper
fund, and to report thereon to each session of the General As-
sembly.
(Special Sources of Revenue.)
1. Act 85 of '94. — Residue from sale of unclaimed merchan-
dise in warehouse.
2. Act 124 of '90. — Residue from sale of unclaimed freight
in railroad warehouse.
108
3. Act 124 (Sees. 1 and 7), '02.— Proceeds from sale of
"Islands other than sea marsh islands."
4. See S. 2957, R. S.— From "Land Grants" other than the
sixteenth section.
5. Acts 39, 177, '02.— From sale of ' ' Internal Improvement ' '
Swamp Indemnity Lands and Certificates.
6. Act 180 of 1902.
7. All fines and forfeited bonds.
8. See Act 27, 75.— Fine for violation of laws relative to
inquests, etc.
9. Recision of town charters, S. 6, A. 173 of 1894.
10. Donations.
11. Fees.
12. Inheritance tax.
13. State appropriation for high and agricultural schools.
14. Special school tax.
(Agriculture and Home Economics to Be Taught in Schools, A. 306, '10.)
In addition to the branches in which instruction is now given
in the public schools of the State of Louisiana, instruction shall
also be given in all the elementary and secondary schools of the
State in the principles of agriculture or horticulture and in
home and farm economy.
(Spitting on Schoolhouse Floor Prohibited, S. 1, A. 91, '08.)
Any person who shall spit upon the floor or walls of any
passenger car, street car, depot or waiting room, courthouse,
churchhouse, schoolhouse, or any other public building whatever,
shall be deemed guilty of a misdemeanor and on conviction shall
be fined in a sum not less than Five (5) Dollars, nor more than
Twenty-five ($25) Dollars, and in default of payment of fine
and costs, shall be imprisoned in the parish jail for a period
not exceeding ten days.
(Providing That the Doors of School Houses Shall Swing Outward,
A. 91, '08.)
Section 1. All doors for ingress and egress to public school-
houses, churches, courthouses, assembly rooms, halls, theatres,
factories with more than twenty employees and of all other
buildings of public resort whatever, where people are wont to
assemble, shall be so swung as open outwardly from the audi-
109
ence rooms, classrooms, halls, or workshops; but such doors
may be hung on double- jointed hinges, so as to open with equal
ease outwardly or inwardly.
Section 2. The provisions of this Act shall apply to all
buildings and houses within its terms, erected after its passage,
from the date it becomes in force. As to all such buildings and
houses heretofore erected, said provisions shall be applied from
and after the expiration of six months from the date when this
Act becomes operative.
Section 3. The president of the parish school board, the
deacons, the stewards or managers of any church, the presi-
dent of the parish police jury, or the owner of any hall, theatre,
or factory, failing to comply with the provisions of this Act
or to have same complied with as relates to any building or
buildings under the control of the bodies over which they pre-
side or of which they are a member, or to such building or build-
ings owned by them, shall be guilty of a misdemeanor and upon
conviction shall be fined not less than ten dollars nor more than
one hundred dollars, and upon failure to pay such fine and costs
shall be imprisoned in the parish jail for a period not exceeding
ninety (90) days.
Section 4. Provided that this Act shall not apply to facto-
ries, cotton seed oil mills and other like establishments where the
doors for the purpose of protection against fire, are so arranged
as to slide back and forth on rollers.
(Exemptions From Jury Duty, S. 2, A. 89, '94.)
The following persons shall be exempted from serving as
jurors, but the exemption shall be personal to them, and when
they do not themselves claim the exemption it shall not be suf-
ficient cause for challenging any person exempt under the pro-
visions of this Act. * * * The Governor, Lieutenant Gov.
ernor, State Auditor, State Treasurer, Secretary of State, Su-
perintendent of Public Education, their clerks and employees,,
and all public officers commissioned under the authority of the
United States. * * * professors and school teachers while
employed in teaching. * * *
110
(School Libraries Established, A. 202, '06.)
Whenever the patrons and friends of any individual school
or grade of the free public schools in which a library has not
already been established by the aid of the parish board of school
directors, shall raise by private subscription or otherwise and ten-
der to the treasurer of the parish public school funds for the es-
tablishment of a library to be connected with such school or grade,
the sum of ten dollars, and the parish treasurer has so advised
the secretary of the parish board of school directors, the said
board at its next quarterly meeting shall appropriate from the
public school funds the sum of ten dollars for this purpose,
and shall appoint the teacher in charge of said school or grade
the manager of such libraries; provided further, that at times
other than during the school term, the library shall be kept in
a locked case provided for under this Act.
(Duty of Parish Treasurer and Secretary of School Board.)
Section 2. That as soon as the secretary of the parish board of
school directors shall have received notice from the treasurer of
the parish public school funds (and said notice should be served
by the said treasurer within five days after receipt of same) that a
donation for a library for a certain school or grade has been made,
the secretary shall inform the State Superintendent of Public Ed-
ucation of the fact, whereupon the said Superintendent shall fur-
nish the said secretary a list of public school library books and
prices therefor, said books and prices having been approved
by the State Board of Education.
(Manner of Selecting Books.)
Section 3. That within five days after the parish board of
school directors shall have made an appropriation for a library,
the president and secretary of the board, with the assistance of
the teacher in charge of the school or grade for which the appro-
priation was made, shall select from the aforesaid approved list
of books for public school libraries a list of books to be purchased
-for the said library, and shall submit a list of books to be pur-
chased to the secretary of the board, who shall order the books at
once, and payment for same shall be made by warrant upon the
treasurer of the parish public school funds signed by the presi-
dent and secretary of the parish board of school directors.
Ill
(Duty of School Board to Furnish Book Case.)
Upon application of the parish superintendent, the parish
board of school directors shall furnish, to each library, at the
expense of the public school funds, a neat bookcase, with lock
and key.
(Local Manager to Observe Rules and Regulations; Report to State
Superintendent.)
The local manager of every library shall carry out such rules
and regulations for the proper use and preservation of the
books as may be established by the State Superintendent of
Public Education, and shall on or before the tenth day of
January of each year make to the State Superintendent of Pub-
lic Education such report as he may require.
(Duty of School Board When Second Appropriation Is Made After One
Year; Subsequent Appropriations Limited to One Per Year.)
Section 5. When the patrons and friends of any individual
school or grade of the public school in which a library has been
established for one year under the preceeding sections of this
Act, shall raise by private subscription or otherwise and tender
to the treasurer of the parish school funds the sum of five dol-
lars for the enlargement of the library, the parish board of
school directors shall appropriate from the money belonging to
that school or grade not less than the sum of five dollars nor
more than fifteen dollars. The money thus collected and appro-
priated shall be used for the enlargement of libraries already
established under the same rules and restrictions as govern the
establishment of new libraries; provided that no more than one
such appropriation shall be made each year for each school or
grade.
(Legal Ownership to Remain in Parish School Board.)
Section 6. The legal possession and ownership of the books,
cases and other appendages of the school or grade library, shall
be and remain in the parish board of school directors and their
successors in office, and that the felonious destruction or taking
and carrying away thereof, or any part thereof, or any books,
article, apparatus or furniture from or belonging to any public
school house owned or used for public school purposes shall
and is hereby declared to be larceny, and the breaking into such
112
schoolhouse at night with intent to commit larceny, as herein set
forth, or any felony, shall and is hereby declared to be burglary,
and that any larceny or burglary so committed shall be punished
as in other cases under existing statutes.
(Object of the Institution, A. 145, 77.)
The Louisiana State University and Agricultural and Me-
chancial College, as hereinafter created, shall have for its ob-
ject to become an institution of learning, in the broadest and
highest sense, where literature, science and all the arts may be
taught; where the principles of truth and honor may be estab-
lished, and a noble sense of personal and patriotic and religious
duty inculcated; in fine, to fit the citizen to perform justly,
skillfully, and magnanimously all the offices, both private and
public, of peace and war.
(General Instruct ion, A. 145, 77.)
The Louisiana State University and Agricultural and Mechan-
ical College, as hereinbefore created, shall provide general in-
struction and education in all the departments of literature,
science, art, and industrial and professional pursuits; and it
shall provide special instruction for the purpose of agriculture,
the mechanic arts, mining, military, science and art, civil engi-
neering, law, medicine, commerce and navigation.
NOTE. — See L. S. U. catalogue for degrees conferred.
(Branches to Be Taught, A. 145, 77.)
There shall be maintained in the Louisiana State University
and Agricultural and Mechancial College, as hereinbefore con-
stituted and established:
First — Schools of literature, including the languages of the
principal nations of ancient and modern times, philosophy, logic,
rhetoric, and elocution, history, ethics, metaphysics and such
other and special branches of learning as the board of super-
visors may determine.
Second — Schools of science, including mathematics, astron-
omy, engineering, architecture, drawing, physics, chemistry,
botany, zoology, agriculture, mechanics, mining, navigation and
commerce and such other special branches of learning as the
board of supervisors may determine.
113
Third — Schools of the useful and fine arts, and of military
science and art.
Fourth — Schools of medicine and law.
Fifth — Such other schools as the board of supervisors may
establish.
(Affiliation With Any Incorporated Institution, A. 145, 77.)
The board of supervisors may affiliate with the Louisiana
State University and Agricultural and Mechanical College any
incorporated university or college, or school of medicine, law
or other special course of instruction, upon such terms as may
be deemed expedient; and such university, college or school
may retain the control of its own property, have its own board
of trustees, faculties and president respectively; and the stu-
dents of such universities, colleges or schools recommended by
the respective faculties thereof, may receive from the Louisiana
State University and Agricultural and Mechanical College the
degrees of those universities, colleges or schools, and the said
students of learning or special schools, thus graduated, shall
rank as graduates of the Louisiana State University and Agricul-
tural and Mechanical College.
(Beneficiary Cadets.)
Each parish, as now created, or that may hereafter be created
in the State, shall have the right to delegate to the Louisiana
State University and Agricultural and Mechanical College one
beneficiary cadet, and the City of New Orleans shall have the
right to delegate to said institution seventeen beneficiary cadets ;
or one from each ward of said city, said beneficiaries to re-
main at said institution four years, unless sooner graduated
or otherwise discharged; provided, that no beneficiary cadet
shall be permitted to, resign from said institution, without the
consent of the board of supervisors thereof, which consent shall
be given only in case of urgent necessity, such as serious and
long protracted ill health, duly declared by the certificate of
the surgeon of said institution, or other competent physician,
be of such a' nature as to render it impossible for said cadet to
pursue his studies with advantage.
114
(Police Juries and City Councils to Elect Beneficiaries.)
The police jury of each parish and the city caoneil of New
Orleans, respectively, may at a regular meeting elect the num-
ber of beneficiary cadets to which said parish or city is entitled
as aforesaid, of such age and qualifications as may be- proscribed
by the board of supervisors for admission to the college classes
of said University and Agricultural and Mechanical College;
and shall cause the beneficiary so selected to report in person
at said institution on or before said 5th day of October; pro-
vided, that said beneficiary cadet shall be selected from the
number of those residents of said parish or of said city, who
have not themselves, nor their parents, the means of defraying
the whole of their necessary expenses and maintenance and
support of said institution, which facts shall be duly certified
to the president of said- institution, by the president of said police
jury, or said city council of New Orleans, as true, to the best
of his knowledge and belief.
(Authority of the Police Juries, and City Council of New Orleans to
Appropriate Funds for Beneficiaries.)
For maintenance and board of said beneficiaries in said insti-
tution, the police Juries of the several parishes and the city
council of the City of New Orleans, be and are hereby author-
ized and empowered to appropriate out of their respective treas-
uries, a sufficient sum to defray the necessary expenses of said
cadets as appointed under the provisions of this act; provided,
that the expense of no cadet shall exceed two hundred and fifty
dollars ($250) per annum; provided, that under no circustances
shall any part of this sum be paid by the State.
(Recognition of the Degrees Conferred, A. 93, '08.)
That all diplomas or degrees, whether literary or scientific,
academic or professional, granted by the -Board of Supervisors
of the Louisiana State University and Agricultural and Mechan-
ical College upon the recommendation of the faculty of said insti-
tution shall 'be recognized by the courts and other officials of
Louisiana as entitling the graduates holding said diplomas or
degrees to the same rights, immunities and privileges in the State
of Louisiana as the diplomas or degrees of any other institution
of learning whatsoever.
115
(Benefits of the Carnegie Fund Allowed, A. 219, '08.)
That the Board of Supervisors of the Louisiana State Univer-
sity and Agricultural and Mechanical College is hereby author-
ized to accept the offer of the Board of Trustees of the Carnegie
Foundation to admit State universities to the benefits of the retir-
ing allowance system of said Foundation.
(Authority to Charge Tuition Fees, A. 227, '08.)
That Section 1 of Act No. 152 of 1902, entitled "An Act
authorizing the Board of Supervisors of the Louisiana State
University and Agricultural and Mechanical College to deter-
mine the fees .of students or cadets, ' ' shall be amended and re-
enacted so as to read as follows:
Section 1. That the Board of Supervisors of the Louisiana
State University and Agricultural, and Mechanical College shall
have power and authority to determine what fees and other
charges shall be paid by students or cadets; provided, that no
fee for tuition shall be charged to any student or cadet who is
a bona fide resident of the State of Louisiana unless said student
or cadet be pursuing a special graduate, or professional course
of study.
(Establishing a Chair of Forestry, A. 242, '08.)
That it is hereby made the duty of the Board of Super-
visors of the Louisiana State University and Agricultural and
Mechanical College at Baton Rouge, La., to establish and main-
tain a Chair of Forestry in said University for the purpose of
teaching the care, protection and conservation of the forests of
this State.
(Object; to Whom Open, S. 1, A. 73, '92.)
(State Normal School, Act 73, '92; A. 61, '86; A. 23, '88;
A. 70, '02; A. 91, '96; A. 158, '02; A. 51, '84. See Constitu-
tion, '98.-)
The State Normal School, located at Natchitoches, in the Par-
ish of Natchitoches, in conformity with Sections 4 and 8 of Act
No. 51 of 1884, shall have for its object to train teachers for the
public schools of Louisiana, and shall be open to white persons
of either sex or age and qualifications as may be hereinafter
prescribed.
116
(Departments and Classes, S. 6, A. 73, '92.)
The State Normal School shall contain two departments, the
Normal Department and the Practice School.- The course of
study of the Normal Department may extend over a period of
four years, and shall embrace thorough instruction and training
in the history and science of education, the. theory and practice
of teaching, the organization and government of schools and
such other branches of knowledge as may be deemed necessary to
fit the students for the varied work of a complete system of public
odiools. The Practice Schools shall consist of such grades or
classes, with such course of study, as the Board of Administra-
tors may deem useful in giving the Normal students the neces-
sary practice in the art of teaching.
(Qualifications for Admission, S. 7, A, 73, '92.)
Applicants for admission to the Normal Department must
be at least fifteen years of age if female, and sixteen years of
age if male ; must give satisfactory evidence of good moral char-
acter and of requisite1 proficiency in the ordinary branches of a
^ood common school education; and must declare in writing
their full intention of continuing in the school until graduation,
unless sooner discharged, . and .of teaching in the public schools
of Louisiana for at least one year after graduation.
(Tuition Free, Except in Some Instances, S. 8, A. 73, '92.)
Tuition shall be free to all students of the. Normal Depart-
ment who fulfill all the requirements imposed by Section 7 of
this Act, and to the pupils of the primary grades of the Practice
School. All other students shall be charged such fees for tui-
tion as may be prescribed by the board of administrators.
(Beneficiary Students to State Schools, A. 158, '02.)
Each police jury of the several parishes of the State shall
have the right to delegate to the Louisiana Industrial Institute
at Ruston, or the Southwestern Louisiana Industrial Institute
at Lafayette or the State Normal School, one (1) female student,
and the City of New Orleans shall have the right to delegate
to said institutions one female student from each ward of said
city, said beneficiaries to remain at said institutions until grad-
uated or otherwise discharged; provided no beneficiary shall be
117
permitted to resign without, the consent of the board of super-
visors of the institute, which consent shall be given only in case
of urgent necessity such as serious or long protracted ill health,
duly declared by certificate of the physician of such institute or
other competent physician, to be of such nature as to render il
impossible for said student to pursue her studies with advantage.
Section 2. That the police jury of each parish and the city
council of New Orleans, respectively, may at a regular meeting
select said beneficiaries subject to and after competitive examina-
tion and of such age and qualifications as is prescribed by the
rules of such institutions; provided said beneficiaries shall be
residents of such parish or wards who have not themselves nor
have their parents the means of defraying the whole of the neces-
sary expenses of maintenance and support at said institute, which
fact shall be duly certified to by the president of the police jury
of said city.
Section 3. That for the maintenance and board of said bene-
ficiaries at said institutes, the police jury of the several parishes
and the city council of New Orleans be, and are hereby, author-
ized and empowered to appropriate out of their respective treas-
uries a sufficient sum to defray the necessary expenses of said
students as appointed under provisions of this act ; provided
the expense of no beneficiary shall exceed two hundred and fifty
dollars ($250) per annum.
(State Normal School Diplomas, A. 91, '96.)
The Board of Administrators of the State Normal School is
hereby empowered to confer diplomas upon all graduates of
said school. This diploma shall entitle the holder to a first grade
teacher's certificate without examination, and shall be valid in
any part of the State for four years from the date of gradua-
tion, after the expiration of which time.it may be renewed every
four years, for the same period, by said Board of Administrators
upon satisfactory evidence of the ability, progress and moral
character of the teacher making application for such renewal.
Furthermore, the diploma of the State Normal School shall en-
title its holder to such degree of preference in the selection of
teachers for the public schools of the State as may be deemed
wise and expedient by the State Board of Education.
118
(Industrial College; Object; Location; Privilege, A. 68, '94.)
LOUISIANA INDUSTRIAL INSTITUTE, Act 68, '94; A. 158, '02;
See Constitution '98.)
An Industrial Institute and College is hereby established
for the education of the white children of the State of Louisiana
in the arts and sciences. Said Institute shall be known as ' ' The
Industrial Institute and College of Louisiana," and shall be
located at Huston, Lincoln Parish, La., provided said town and
parish shall donate ten thousand dollars ($10,000) to said Insti-
tute, and the same shall be organized as hereinafter provided.
(See Constitution '98.)
(Branches to Be Taught, A. 68, '94.)
.The said board of trustees shall possess all the power neces-
sary and proper for the accomplishment of the trust reposed in
them, viz : The establishment of a first-class Industrial Institute
and College for the education of the white children of Louisiana
in the arts and sciences, at which such children may acquire a
thorough academic and literary education, together with a
knowledge of kindergarten instruction, of telegraphy, stenog-
raphy and photography, of drawing, painting, designing and
engraving in their industrial application; also a knowledge of
fancy, practical and general needle work; also a knowledge of
bookkeeping and agricultural and mechanical arts, together with
such other practical industries as from time to time may be
suggested to them by experience, or such as will tend to promote
the general objects of said Institute and College, to-wit : Fitting
and preparing such children, male and female, for the practical
industries of the age.
(SOUTHWESTERN LOUISIANA INDUSTRIAL INSTITUTE, A. 162
'98; A. 158, '02.
A State Industrial Institute is hereby established for the
education of the white children of the State of Louisiana in the
arts and sciences.
Said Institute shall be known as the ' ' Southwestern Louisiana
Industrial Institute," and shall be located in that parish of the
13th Senatorial District which will offer the best inducement
therefor to the Board of Trustees, said location to be made by
119
the Board to be appointed under this Act, provided that the
parish selected for the location of said Institution shall donate
not less than twenty-five acres of land and five thousand dollars
to said Institution, and the same shall be organized as herein-
after provided; provided further, that in case two or more of
said parishes offer the same inducements then the Board of
Trustees shall select, by majority vote, the most suitable loca-
tion and make report thereof to the General Assembly of the
State of Louisiana, at its next session, together with such recom-
mendations as may be conducive to the best interests of said
institution.
(Branches Taught, Etc.)
The Board of Trustees shall possess all the powers necessary
and proper for the accomplishment of the trust reposed in them,
viz : The establishment of a first-class Industrial Institute for the
education of the white children of Louisiana in the arts and
sciences, at which such children may acquire a thorough academic
and literary education, together with a knowledge of kinder-
garten instruction, of telegraphy, stenography and photography,
or drawing, painting, designing and engraving in their indus-
trial applications ; also a knowledge of fancy, practical and gen-
eral needle- work; also a knowledge of bookkeeping and agri-
cultural and mechancial art together with such other practical
industries as from time to time, may be suggested to them by
experience, or such as will tend to promote the general object
.of said Institute, to-wit: Fitting and preparing such children,-
male and female, for practical industries of life.
(LOUISIANA STATE SCHOOL FOR THE BLIND, A. 92, 71; A.
49, '88; A. 145, '98, amended by A. 238, '08; A. 166, '98; A.
196, '02.)
There shall be established and maintained, in the town of
Baton Rouge, an institution for the education of the blind, to be
known as the "Louisiana State School for the Blind."
(Objects of the Institution.)
They shall receive, instruct and support in the Institution
all persons blind, or of such defective vision as not to be able
to acquire an education in the ordinary schools, between the
120
ages of seven and twenty-two years, of sound mind and proper
health of body, and residents of the state. Such persons shall
receive instructions and be provided with board, lodging, medi-
cine and medical attendance at the expense of the institution
and if in such indigent circumstances as to render it necessary,
shall also be furnished with clothing and traveling expenses to
and from the Institution upon a certificate to that effect from
the president of the police' jury of the parish, or the mayor of
the city or town, in which they reside.
(How Long Pupils May Remain.)
Persons admitted as pupils under fourteen years of age may
continue in the institution ten years ; if over fourteen and un-
der seventeen years of age, they may continue eight years ; and
if over seventeen years of age, they may continue five years;
provided the board may in any case extend the term two years.
(Institution for the Exclusive Use of the Deaf and Dumb.)
(LOUISIANA STATE SCHOOL FOB THE DEAF, A. 88, 71 ; A. 166,
'98, amended by Act 239, '08; A. 196, '02. See Constiution '98.)
The institution heretofore known as the Louisiana Institution
for the Deaf and Dumb and the Blind, located at Baton Rouge,
in this state, be and the same is hereby reorganized by the pro-
visions of this act for the exclusive benefit of the deaf and dumb.
That there shall be established and maintained, in the town of
Baton Rouge, an institution for the education of the deaf and
dumb, to be known as the ' ' Louisiana State School for the Deaf. ' '
(Admission of Pupils, A. 166, '98.)
They shall receive, instruct and support in the institution all
persons deaf and dumb, or of such defective speech or hearing as
not to be able to acquire an education in the ordinary schools,
between the ages of eight and twenty-two years, of sound mind
and proper health of body, and residents of the State. Such
persons shall receive instruction and be provided with board,
lodging, medicine and medical attendance at the expense of the
institution, and if in such indigent circumstances as to render
it necessary, shall also be furnished with clothing and traveling
expenses to and from the Institution, upon a certificate to that
effect from the president of the Police Jury of the parish, or
the mayor of the city, or town, in which they reside.
121
(Age of Admission. )
The persons admitted as pupils under fourteen years of age,
may continue in the institution ten years ; if over fourteen and
under seventeen years of age, they may continue eight years;
if over seventeen years of age, they may continue five years;
provided, the board may in any case extend the term two years.
(Branches Taught.)
The institution shall provide air the requisite facilities for
acquiring a good literary education, instruction in hygiene and
physical culture and an industrial department in which instruc-
tion shall be given in such trades as may be best suited to render
the pupils self -sustaining citizens.
DECISIONS OF SUPREME COURT.
(School Boards Not Required to Apportion School Funds.)
The repeal (of Sec. 7, Act 81 of 1888, providing for the ap-
portionment of school funds) is express, because Act 214 of
1902 repeals all laws in conflict; and this provision for appor-
tionment is in conflict with the provisions making it obligatory
upon the School Boards to "determine the number of schools
to be opened, the location of the schoolhouses, the number of
teachers to be employed, and their salaries." The latter pro-
vision invests the School Board with absolute discretion in the
matter of what number of schools there shall be, and what
number of teachers and what their salaries shall be. For the
exercise of this discretion, a discretionary control of the school
funds is absolutely necessary; because schools cannot be estab-
lished and maintained without funds. Discretionary control of
the one, necessarily carries with it discretionary control of the
other. (State ex rel. J. W. Martin et all vs. Webster Parish
School Board. May 23, 1910.)
(Discipline.)
Moderate restraint and correction of a pupil by -a teacher is
not an offense, but is authorized by law, and the authority of
the teacher is not limited to the time the pupil is at the school-
room or under the actual control. of the teacher. (Bolding vs.
Texas, 4 S. W., 579.)
122
"The teacher is loco parentis, and authority is necessarily
surrendered to him for proper government of the school. " (Mor-
row vs. Wood, American Law Register, N. S. X. 3, 692.)
Relative to punishment, the calm and honest judgment of the
teacher, as to the requirement, should have great weight in mat-
ters of discipline as in the case of a parent under similar circum-
stances. (American Law Register, Van Vacter vs. State; July
number, 1888. Discipline in School.)
It is the duty of a teacher to maintain proper discipline in
school, and the extent of his authority in that direction is dis-
cussed. (Law Register, N. S. Vol. XIII, p. 716.)
(District Attorneys Not Entitled to 20 Per Cent Commission on Fines.)
Syllabus: "Whilst it is well settled that repeals by im-
plication are not favored, it is equally well settled that, in deter-
mining whether one law conflicts with another, it is necessary
to consider the purposes of both, and if it appears that the pur-
pose of the law last enacted is to cover the whole subject matter
dealt with by and to modify or supercede those previously en-
acted, their modification or supersession results and must be
declared.
2. The purpose of Act No. 96 of 1880 was to deal with the
whole subject of the duties and compensation of district attor-
neys, and whilst there may have been some provisions of the then
existing law. which escaped its operation, it so modified and
superceded that law as to preclude any recovery by the district
attorneys of the one-fifth part of the fines imposed, after deduct-
ing the commission of the sheriff, in addition to the fee provided
by section 3 of said act.
3. Articles 125 and 180 of the Constiution, whether taken
separately or together, are not susceptible of the construction
that they intend to allow district attorneys to collect commis-
sions, as contradistinguished from fees, or fees, save as pro-
vided for by the Constitution itself. ,
It is therefore ordered, adjudged and decreed, that the judg-
ment of the Court of Appeal which is here made the subject of
review be annulled; that the judgment of the District Court,
which was thereby affirmed, be likewise annulled, avoided and
reversed, and that relator's demand be rejected and this pro-
123
ceeding dismissed at his cost. (State ex rel. Edwin Broussard,
District Attorney, vs. George Henderson, Sheriff, 120. Ann. 535.)
(Taxes Collected for School Purposes Must Be Turned Over to School
Board.)
Taxes collected for school purposes should be turned over
to the school board from time to time as received. (Parish
Board of School Directors of Iberia Parish vs. Police Jury of
Iberia Parish, 123d Ann., 416.)
(Property Exempt From Taxation by Constitution Also Exempt From
Special School Tax.)
The special school tax authorized by Constitution Art. 232,
is not a special assessment, and property exempt from taxation
by the Constitution is not subject to it. (Louisiana & N. W. R.
R. Co. vs. State Board of Appraisers, 120th Ann., 471.)
(Members of Partnership Entitled to Vote Upon Firm's Assessment in
Special Tax Elections.)
Individual members of a partnership held entitled to vote
upon the firm's assessment in a special tax election held under
Constitution Art. 232. (Smith vs. Parish Board of School Direc-
tors, 125th Ann., 987.)
(Persons Not Entitled to Vote Upon Assessment of Property Sold.)
A person appearing as owner of property on the assessment
rolls, but who has sold it when an election was held under
Constitution Art. 232, held not entitled to vote thereat. ' (Smith
vs; Parish Board of School Directors, 125th Ann., 987.)
(Special Tax Not Set Aside by Legal Votes Cast Without Proper Evi-
dence.)
A special tax election under Constitution Art. 232, held not
to be set aside because the commissioner of election received votes
without proper evidence, where such votes were legal. (Smith
vs. Parish Board of School Directors, 125th Ann., 987.)
(Right of Widows to Vote Community Property.)
To entitle widows to vote at a special tax election held under
Constitution Art. 232, as owners of community property, their
rights must clearly appear by judgment or order of court.
(Smith vs. Parish Board of School Directors, 125th Ann., 987.)
124
(School Houses, as Such, Built by Means of Special Tax, Can Not Be
Converted Into Theatre.)
Citizens who have voted to tax themselves for a specific work
of public improvement, the value of which is fixed at $20,000,
have a standing in court to complain that the property acquired
is not being used for the purpose contemplated, and this court,
in such case, has jurisdiction of the appeal. Where a vote
has been taken upon a proposition to impose a tax to build a
schoolhouse, and has been favorably acted on, and a building
has been constructed with the proceeds of bonds predicated upon
such a tax, it would be a breach of faith to allow such building
to be converted into a theatre, or to be used for the purpose of
giving theatrical performances, as a business, whether in combi-
nation with its use for school purposes or otherwise. It is,
however, within the discretion of the municipal authorities hav-
ing control of the property to make such casual and incidental use
of it as may not be inconsistent with or prejudicial to, the main
purpose for which it was acquired; and changed conditions, in
the future, may justify its use for some other purpose. (Sugar
vs. City of Monroe, 108th Ann., 677.)
SANITARY REGULATIONS OF THE LOUISIANA STATE
BOARD OF HEALTH, CONCERNING HYGIENE
AND SANITATION OF SCHOOLS.
SANITARY CODE, STATE OF LOUISIANA, SECTION 250.
NOTE. — By Act 192 of 1898 the State Board of Health is authorized to
enact regulations which are binding upon the public.
(Parish Board and Superintendent to Enforce Rules and Regulations.)
The parish or municipal school board, and the parish super-
intendent of schools, shall be held responsible for the execution
and enforcement of the following rules and regulations, and all
other health laws governing the hygiene of the schoolroom and the
premises of the schools under their respective jurisdictions.
(Plans for Schoolhouses to Be Submitted to State Superintendent, Par-
ish Superintendent and Parish Health Officer.)
Plans and specifications for every schoolhouse hereafter
erected in the State must be submitted to the parish superin-
tendent of schools, and to the State Superintendent of Educa-
125
tion, and also to the parish health officer, that it may be deter-
mined whether every hygienic or necessary provision is made, es-
pecially with reference to ventilation, light and protection
against fire.
(Regulating Ventilation and Light.)
Every schoolhouse, public or private, or other building used
for school purposes, shall be ventilated in such manner as to
afford eighteen hundred cubic feet of air per hour for each
adult, and a proportionate amount for each child, and shall
contain not less than two hundred cubic feet of air space for
each child to be taught therein. Windows and transoms shall
be so constructed that windows may be lowered from the top
and transoms opened. Every schoolhouse must be lighted in
such a manner as to minimize the eye strain. Each room must
contain of actual surface of glass in the windows not less than
one-seventh of the floor space.
(Regulating the Swinging of Doors.)
All doors except those which slide into wall pockets shall
open outward and all partition doors shall be^ hung on double-
action hinges.
(Governing the Treatment and Sweeping of Floors and Wiping of Fur-
niture, Etc.)
The floors of every school must be treated with some antiseptic
floor dressing. Applications to be at sufficiently frequent inter-
vals to keep down effectually the dust; floors to be scrubbed
thoroughly before each application. Floor dressing for use in
the schools must be approved by the State analyst.
The floors of every school must be swept daily, sweeping
to be done after all pupils have left the building. All windows
must be thrown open and schoolhouse thoroughly aired after
cleaning.
All desks, wainscoting, window sills and baseboards in every
schoolhouse in the State must be wiped off daily with a cloth
moistened with 1-2000 bichloride of mercury, or 3 per cent car-
bolic acid solution.
(Spitting on Floors Strictly Prohibited.)
Spitting on floors, walls, etc., must be strictly prohibited, and
anti-spitting placards placed in every room.
126
(Teachers Must Furnish Health Certificates.)
No person suffering from any communicable disease shall be
employed as teacher or janitor in any public school in this State.
At the opening of each annual term teachers must furnish a
health certificate from a registered physician, addressed to the
parish superintendent of schools, certifying that they are not
suffering from tuberculosis or other communicable disease.
(Vaccination Required bf Pupils.)
No one shall be entered as a pupil in the public schools of
this State without first having presented to the principal in
charge a certificate from a registered physician of Louisiana,
certifying that within the preceding five years the applicant
was successfully vaccinated.
Three unsuccessful attempts at vaccination with a proven
virus shall be accepted as an immunity for a period of one year.
Pupils are required, at the end of each five years, to renew
their vaccination certificates.
(Pupils Suffering With Communicable Disease to Be Excluded.)
No pupil suffering from any communicable disease shall be
permitted to attend the public schools of this State. The prin-
cipal or the teacher has the right to exclude any child from the
schools whom they suspect of suffering from any communicable
disease, pending examination and report of a registered phy-
sician.
(Schoolhouses to Be Disinfected.)
All schoolrooms in the State must be disinfected before the
beginning of each school session, with the formaldehyde-per-
manganate of potash mixture as indicated in the bulletin of
disinfection.
(On Appearance of Communicable Diseases, Schools Must Be Closed.)
On the appearance in a school of any communicable disease,
either among the pupils, teachers or attendants, the school shall
be closed immediately and fumigated before reopening.
(School Premises Shall Be Drained.)
The school premises shall be thoroughly drained and no
stagnant water permitted to collect. In towns with a drainage
system or where an outflow is possible, the school site and the
127
entire area of the ground shall be properly drained, so as to
reduce the ground water level, and the drainage effected in
such a manner as not to contaminate with its effluvia any well,
cistern or other source of drinking water.
(Abundant Supply of Pure Drinking Water.)
Every school must be supplied with an abundance of pure
drinking water for drinking purposes. Where water is used
from surface wells, said wells must be located at least 100 feet
from any closet.
(Open Receptacles for Water and Common Cups Prohibited.)
The use of open receptacles for drinking water in schools,
and also of dippers or cups for common drinking purposes, is
prohibited. ^The school authorities must supply for holding
drinking water covered containers with faucets, which containers
must be scoured daily when in use. All teachers and pupils
must provide themselves with individual drinking cups or glasses.
In towns or cities where there is a public water supply a sanitary
drinking fountain shall be installed.
(Garbage Can Required; Emptied Daily.)
Every school in this State must have a sufficient number of
trash or garbage cans for the convenience of the pupils, teachers
and employees, and said trash or garbage cans must be kept
closed, and emptied daily.
(Stiles Sanitary Closet Compulsory.)
The urinals and water closets must be connected with the
sewerage system, where one exists, when within 1,000 feet there-
from. Where no sewerage system exists, all schools must have
a Stiles sanitary closet (plans and specifications will be furnished
by the State Board of Health upon request,) cess-pool or septic
tank. Where the Stiles sanitary closet is used the inner surface
of the container must be treated with crude petroleum at least
once a week. All closets must be scrubbed once a week and kept
in a sanitary condition at all times.
(Lectures for State Institutions and Teachers' Institutes.)
The State Board of Health, will when desired by the State
Institutions of learning, or the State Pedagogical Institutes, or
128 •
the Agricultural Institutes, send a lecturer to deliver a series of
lectures on:
1. Personal hygiene.
2. School hygiene.
3. Principles and practice of physical training.
4. Drug and alcohol addictions.
5. Contagious and infectious diseases ; cause and prevention.
6. Hygiene of the home and farm.
(Parish Superintendents' Monthly Report to State Board of Health.)
The principal of each school in the State, except in cities
where there is employed a regular medical inspector, shall make
a monthly report to* the parish superintendent of schools on the
sanitary condition of the school building and surroundings, also
the physical condition of the school children. Blank reports for
this purpose will be furnished by the Louisiana State Board of
Health. Parish superintendents of schools shall forward these
reports to the Louisiana State Board of Health within ten days
after their receipt by him.
APPROPRIATIONS FOR PUBLIC EDUCATION.
(Out of the Current School Fund.)
For support of the free public schools, or so much
thereof, or any excess thereof, as may be collected
State taxes levied for that purpose, from inherit-
ance taxes, or donated to the school fund, for the
year ending June 30, 1913, Nine Hundred Thousand
Dollars $900000.00
(The Public Schools Receive 1 13-20 Mills of the State Tax.)
For. the year ending June 30, 1914, .Nine Hundred
Thousand Dollars $900000.00
For salary of Superintendent of Public Education
for the year ending June 30, 1913, Five Thousand
Dollars $ 5000.00
For the year ending June 30, 1914, Five Thousand
Dollars $ 5000.00
Expenses of office of Superintendent of Public Educa-
tion, for the year ending June 30, 1913, Two Thou-
snnd Dollars . . .$ 2000.00
129
For the year ending June 30, 1914, Two Thousand
Dollars $ 2000.00
For salary of Secretary to Superintendent of Public
Education, for the year ending June 30, 1913,
One Thousand Five Hundred Dollars $ 1500.00
For the year ending June 30, 1914, One Thousand
Five Hundred Dollars $ 1500.00
For salary of Assistant Secretary to the Superintend-
ent of Public Education, for the year ending June
30, 1913, Twelve Hundred Dollars $ 1200.00
For the year ending June 30, 1914, Twelve Hundred
Dollars $ 1200.00
For traveling expenses of Superintendent of Public
Education, for the year ending June 30, 1913,
One Thousand Five Hundred Dollars •'...$ 1500.00
For the year ending June 30, 1914, One Thousand
Five Hundred Dollars $ 1500.00
For mileage and per diem of State Board of Public
Education for the year ending June 30, 1913,
Eight Hundred Dollars $ 800.00
For the year ending June 30, 1914, Eight Hundred
Dollars ......$ 800.00
For holding Teachers' Institutes throughout the State,
for the year ending June 30, 1913, Eighteen
Thousand Dollars ' $ 18000.00
For the year ending June 30, 1914, Eighteen Thou-
sand Dollars $ 18000.00
(Out of the Interest Tax Fund.)
For payment of interest on the Free School Fund, Ar-
ticle 257 of the Constitution; for the year 1912,. out
of the revenues of 1912, Forty-five Thousand Two
Hundred and Thirty-Four Dollars and Seventy
Cents $ 45234.70
For the year 1913, out of the revenues of 1913, Forty-
Five Thousand Two Hundred and Thirty-Four Dol-
lars and Seventy Cents $45234.70
130
For payment of interest on the Seminary Fund, Arti-
cle 258 of the Constitution, for the year ending June
30th, 1913, Five Thousand Four Hundred and Forty
Dollars $ 5440.00
For the year ending June 30th, 1914, Five Thousand
Four Hundred and Forty Dollars $ 5440.00
For payment of interest on Fund due the Agricul-
tural and Mechanical College, Article 259 of the*
Constitution, for the year ending June 30th, 1913,
Nine Thousand One Hundred and Fifteen Dollars
and Sixty-nine Cents $ 9115.69
For the year ending June 30th, 1914, Nine Thousand
One Hundred and Fifteen Dollars and Sixty-Nine
Cents $ 9115.69
(Louisiana Institute for the Blind.)
For support of the Louisiana Institute for the Blind,
for the year ending June 30th, 1913, Thirteen Thou-
sand Dollars $ 13000.00
For the year ending June 30th, 1914, Thirteen Thou-
sand Dollars $ 13000.00
For general repairs, Institute for the Blind, for the
year ending June 30th, 1913, Seven Hundred
Dollars .$ 700.00
For the year ending June 30th, 1914, Seven Hundred
Dollars $ 700.00
For insurance on buildings and contents, Institute for
the Blind (three years' policy), out of the revenues
of 1912, Five Hundred Dollars $ 500.00
For library, for the year ending June 30th, 1913, Two
Hundred and Fifty Dollars $ 250.00
For the year ending June 30th, 1914, Two Hundred
and Fifty .Dollars $ 250.00
(Louisiana School for the Deaf.)
For support of the Louisiana School for the Deaf, for
the year ending June 30th, 1913, Thirty Thousand
Dollars $ 30000.00
For the year ending June 30th, 1914, Thirty Thousand
Dollars . . .$ 30000.00
For additional equipment, school furniture, Industrial
equipment, bedding, etc., out of the revenues of
1913, Five Thousand Dollars $ 5000.00
For general repairs, Louisiana School for the Deaf,
for the year ending June 30th, 1913, Five Hundred
Dollars ...... $ 500.0Q
For the year ending June 30th, 1914, Five Hundred
Dollars $ 500.00
(Louisiana State University.)
For support of the Louisiana State University and Ag-
ricultural and Mechanical College; for equipment
and maintenance of its libraries, laboratories and
shops ; for insurance on buildings and contents, and
for repairs, improvements and additions, for the
year ending June 30th, 1913, One Hundred Thou-
sand Dollars '. . .$100000.00
For the year ending June 30th, 1914, One Hundred
Thousand Dollars $100000.00
For the purchase price of land purchased for the Lou-
isiana State University and Agricultural and Me-
chanical College, out of the revenues of 1912, Fif-
teen Thousand Dollars $ 15000.00
Out of the revenues of 1913, Fifteen Thousand Dol-
lars $ 15000.00
(State Normal School.)
For support, maintenance, additions to buildings,
equipment, repairs, insurance, etc., for the year end-
ing June 30th, 1913, Seventy-Two Thousand Five
Hundred Dollars $ 72500.00
For the year ending June 30th, 1914, Seventy-Two
Thousand Five Hundred Dollars $ 72500.00
For heating, lighting, plumbing, water and sewerage
for Model School, out of the revenues of the year
1913, Five Thousand Dollars $ 5000.00
For Power House and additional unit for heat and
light, out of the revenues of 1913, Three Thousand
Seven Hundred and Fifty Dollars $ 3750.00
For furniture for Model School, out of the revenues of
1914, Two Thousand Five Hundred Dollars $ 2500.00
132
(Louisiana Industrial Institute.)
For support, maintenance, erection of new buildings
equipment, repairs, insurance, etc., for the year end-
ing June 30th, 1913, Sixty-Five Thousand Dollars. $ 65000.00
For the year ending June 30th, 1914, Sixty-Five Thou-
sand Dollars $ 65,000.00
(Southwestern Louisiana Industrial Institute.)
For support, maintenance, equipment, repairs, insur-
ance, Summer School, etc., for the year ending June
30th, 1913, Thirty-Five Thousand Dollars .$ 35,000.00
For the year ending June 30th, 1914, Thirty-Five
Thousand Dollars $ 35000.00
For laundry, repairs, equipment and insurance, for
the year ending June 30th, 1913, Five Thousand
Dollars $ 5000.00
For the year ending June 30th, 1914, Five Thousand
Dollars $ 5000.00
(State Reform School.)
For support, maintenance, improvements, and other
expenses of State Reform School, for the year end-
ing June 30th, 1913, Twelve Thousand Five Hun-
dred Dollars $ 12500.00
For the year ending June 30th, 1914, Twelve Thou-
sand Five Hundred Dollars $ 12500.00
For residence of Superintendent, State Reform School,
out of the revenues of 1912, Four Thousand Dollars . $ 4000.00
For screening and other improvements on main build-
ing, out of the revenues of 1912, Five Hundred Dol-
lars $ 500.00
For payment of Land Purchased, out of the revenues
of 1912, Four Thousand Six Hundred and Forty-
Six Dollars . ..$ 4646.00
81273
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