Full text of "Revised school laws of the state of Missouri : revised statutes, 1909, and session acts of 1911, with court decisions, forms and comments for the use of school officers"

DEC 6 1911
GIFT

LIBRARY

OF THE

UNIVERSITY OF CALIFORNIA.

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REVISED SCHOOL LAWS

OF THE

STATE OF MISSOURI

REVISED STATUTES, 1909
AND SESSION ACTS OF 1911

With Court Decisions, Forms and Comments for the
Use of School Officers

PUBLISHED ACCORDING TO LAW BY THE

STATE SUPERINTENDENT OF PUBLIC SCHOOLS

SECTION 10920

THE PRESIDENTS AND SECRETARIES OF SCHOOL BOARDS SHOULD

HAVE COPIES AND TURN THEM OVER TO THEIR SUCCESSORS.

EVERY TEACHER IS ALSO ENTITLED TO ONE COPY, WHICH

SHOULD BE PLACED IN THE DISTRICT LIBRARY

OR FILED WITH THE DISTRICT CLERK.

THE HUGH STEPHENS PRINTING COMPANY,

JEFFERSON CITY, MISSOURI.

6 191)

s^.

THIS VOLUME IS STATE PROPERTY

AND IS FOR THE USE OF

of ... , district No

County of , State of Missouri.

School officials, on retiring from office, should deliver this volume,
with all other books and documents of an official character, to their suc-
cessors.

The teacher 's copy should be kept with the register and other school
records, and be placed in the school library at the close of the term, or
filed with the clerk, who will deliver same to teacher at opening of next
term.

(3)

224793

INTRODUCTORY.

In presenting this compilation of the School Laws, it is proper to
call attention to some important legislation passed by the 46th General
Assembly. The Legislature yielded to the urgent request of the teachers
of the State and enacted an entirely new certification measure. A pro-
nounced agitation against inaccuracies in enumeration of school children
led to the adoption of a new plan of apportionment of the public school
moneys of the State.

The transportation measure and the new law relating to factories
and child labor also deserve careful attention. Some changes in inter-
pretation to meet recent decisions and later experience have been made
and some instructions based on obsolete laws have been omitted.

WM. P. EVANS,
State Superintendent of Public Schools.

(5)

REVISED

SCHOOL LAWS OF MISSOURI

1911.

CHAPTER 106.

SCHOOLS.

ARTICLE I. Classification of public schools.

II. Laws applicable to all classes of schools.

III. Laws applicable to common schools.

IV. Laws applicable to city, town and consolidated schools.

V. Laws applicable to certain school districts.

VI. Compulsory attendance of children.

VII. State superintendent

VIII. County superintendents.

IX. Teachers' certificates how obtained or revoked.

X. County text-book commission.

XL State board of education.

ARTICLE I.

CLASSIFICATION OF PUBLIC SCHOOLS.

Sec. 10775. Schools classification of. The public schools of this
state are hereby classified as follows :

First, all districts having only three directors shall be known as
common school district; second, all districts outside of incorporated
cities, towns and villages, which are governed by six directors, shall
be known as consolidated school districts; third, all districts gov-
erned by six directors and in which is located any city of the fourth
class, or any incorporated town or village, shall be known as town
school districts, and fourth, all districts in which is located any city
of the first, second or third class shall be known as city school districts.
(R. S. 1899, 9739, amended, L. 1909, p. 770.)

School districts are quasi corporations. 52 Mo. 309; 54 Mo. 458. Territory outside
01 corporate limits may be attached, how. 53 Mo. 127; 60 Mo. 540; 65 Mo. 587. School
districts not subject to garnishment. 42 A. 460.

When a new district is formed in the manner provided by law, the matter should
be reported to the county clerk, and by him to the county court, whose duty it is by-
order made of record to denominate and number the same. 89 Mo. 158.

, V' : '/ i Revised School Laws.

ARTICLE II.

LAWS APPLICABLE TO ALL CLASSES OP SCHOOLS.

SECTION
10776. School

district forfeits its or-
ganization, when and how '
pupils of certain districts may
be sent to other districts, when.

10777. School loan method of voting

sale of bonds.

10778. Restrictions on loans.

10779. Renewal funding bonds, issue of.

10780. Exchange and sale of bonds no

commission allowed.

10781. Redeemed bonds to be destroyed.

10782. Tax levy for sinking fund.

10783. Tax levy for annual interest.

10784. Care of property and purchase

of material.

10785. Rules and regulations admis-

sion of non-residents.

10786. Contagious diseases among pu-

pils.

10787. Employment of teachers.

10788. Contract construed.

10789. Visitation of schools.
10790-. Enumeration lists.

10791. Estimate.

10792. Condemnation of site.

10793. Separate schools for white and

colored children.

10794. Schools for colored children,

establishment of.

10795. Colored children right to at-

tend other schools in county.

10796. Increase of tax levy for main-

taining schools.

10797. Increase of tax levy for erecting

schoolhouse.

10798. Notice of meeting to increase

tax levy.

10799. Special meetings.

10800. School day, week, month and

year.

10801. Arbor day.

10802. Injuring school property fail-

ure of certain officers to per-
form duty penalty.

10803. School moneys, how applied.

10804. Teachers certificate before em-

ployment.

10805. Teachers and directors guilty of

misdemeanor, when.

SECTION

10806. Instruction in physiology and

hygiene.

10807. Register of attendance.

10808. County school funds.

10809. School fund not to be loaned to

certain persons penalty.

10810. County court to have jurisdic-

tion of county school fund.

10811. Collection of fines and penalties

and other school moneys.

10812. Township school fund, source of.

10813. Management of school funds.

10814. Transfer of funds when county

lines are changed.

10815. Capital of township fund, how

invested.

10816. Security for loans.

10817. Form of mortgage notice of

sale fees, how paid.

10818. County court may require addi-

tional security.

10819. County court may make order of

sale, when.

10820. Receipts for principal or in-

terest of loan paid.

10821. Authority to repossess property

by purchase.

10822. Apportionment of public school

fund.

10823. Correction of error in apportion-

ment distribution of funds.

10824. Distribution of funds when town-

ship lies in two counties.

10825. Duties of county clerk assess-

ment of estimates.

10826. Compensation of county clerk

for labor on tax books.

10827. Report of county clerk to state

superintendent.

10828. Collector's receipts and compen-

sation.

10829. Collections of delinquent taxes.

10830. County treasurers and their du-

ties.

10831. Settlement of county or town-

ship treasurer.

10832. Penalty for failure to make

settlement.

10833. Title of property.

Sec. 10776. School district forfeits its organization, when and how
pupils of certain districts may be sent to other districts, when.
Whenever any school district in this state, now organized or that may
be hereafter organized under the laws of this state, shall fail or re-
fuse, for the period of one year, to provide for an eight months'

Revised School Laws. 9

school in such year, provided a levy of forty cents on the one hun-
dred dollars' valuation, together with the public funds and cash on
hand, will enable them to have so long a term, the same shall be deemed
to have lapsed as a corporate body, and the territory theretofore
embraced within such lapsed district shall be deemed and taken as
unorganized territory, and the same, or any portion thereof, may be
attached to any adjoining district or districts for school purposes, in
the same manner as is now provided in section 10836 : Provided, that no
school district shall be deemed to have lapsed where the failure to make
the needed provision for the eight months of school results from the ir-
regular or void proceedings had for that purpose: Provided, that in
any district enumerating fewer than twenty-five children, the board may,
from year to year, arrange with the board or boards of other district or
districts for the admission of all children of school age in said district
'containing fewer than twenty-five children enumerated, and, if desired,
arrange for transporting children to and from school. And, when rati-
fied by a two-thirds vote of the qualified voters of said school district,
voting at a special meeting, such arrangements shall be final, and the
board will be authorized to issue warrants upon the teachers' fund for
payment of tuition, and upon the incidental fund for the {rayment of cost
of transporting pupils. (R. S. 1899, 9741, amended, L. 1907, p. 770.)

If a district maintains a shorter term than eight months, it must show that it
used a forty-cent levy, together with the public funds and cash on hand.

FREE TRANSPORTATION OF PUPILS. [NEW SECTION.]

Section 1. Free transportation of pupils how obtained by
whom paid. Whenever the board of directors of any school district
or board of education of a consolidated district shall deem it advisable,
or when they shall be requested by a petition of ten taxpayers of such
district, to provide for the free transportation to and from school, at
the expense of the district, of pupils living more than one-half mile
from the schoolhouse, for the whole or for part of the school year, said
board of directors, or board of education shall submit to the qualified
voters of such school district, who are taxpayers in such district, at an
annual meeting or a special meeting, called and held for that purpose,
the question of providing such transportation for the pupils of such
school district : Provided, that when a special meeting is called for this
purpose, a due notice of such meeting shall be given as provided for in
section 10799. If (a) two-thirds of the voters, who are taxpayers, vot-
ing at such election, shall vote in favor of such transportation of pupils
of said school district, the board of directors or board of education
shall arrange for and provide such transportation. The board of di-
rectors or board of education shall have authority and are empowered
to make all needful rules and regulations for the free transportation
of pupils herein provided for, and are authorized to and shall require
from every person, employed for that purpose, a reasonable bond for
the faithful discharge of his duties, as prescribed by the board. Said
board of directors or board of education shall pay by warrant the ex-

10 Revised School Laws.

penses of such transportation out of the incidental fund of the dis-
trict. (Session Acts, 1911.)

Sec. 10777. School loan method of voting sale of bonds. For

the purpose of purchasing schoolhouse sites, erecting schoolhouses, li-
brary buildings and furnishing the same, and building additions to or re-
pairing old buildings, the board of directors shall be authorized to borrow
money, and issue bonds for the payment thereof, in the manner herein
provided. The question of loan shall be decided at an annual school meet-
ing or at a special election to be held for that purpose. Notice of said
election shall be given at least fifteen days before the same shall be held,
by at least five written or printed notices, posted in five public places in
the school district where said election shall be held, and the amount of
the loan required, and for what purposes; it shall be the duty of the
clerk to sign and post said notices. The qualified voters at said elec-
tion shall vote by ballot. Those voting in favor of the loan shall have
written or printed on their tickets, l ' For the loan ; ' ' those voting against
the loan, the words " Against the loan;" and if two-thirds of the votes
cast shall be "for the loan," the district board shall be vested with the
power to borrow money, in the name of the district, to the amount and
for the purpose specified in the notices aforesaid, subject to the re-
strictions of the following section. When bonds are voted under this
section for the erection of one or more school houses, to be erected on
the same or different sites in common school districts, said bonds shall
not be negotiated by said board until said bonds have been deposited
with the county or township in which said district shall be situated,
and upon the order of said board, and the payment to the county or
township treasurer of the amount agreed to be received for the same
by said board, from the persons loaning said money upon said bonds.
The county or township treasurer shall countersign said bonds and de-
liver the same to the person or persons named by said board of di-
rectors; but no such bonds shall be sold for such an amount that the
net proceeds, after deducting expenses and commissions from the same,
shall be less than ninety cents on the dollar of the face value thereof, and
all renewal funding bonds issued by such districts, to be exchanged for
outstanding bonds of said districts, or for the purpose of being sold
to raise sufficient funds to pay any outstanding bonds thereof, shall not
be exchanged, negotiated or sold by the board of directors of said dis-
tricts except as above provided, and not until the purchase price there-
of, or the bonds to be exchanged therefor, shall be turned over to the
county or township treasurer; and said treasurer shall write or print
the words "aid by renewal bonds" across the face of said bonds so re-
ceived in exchange, and sign the same before delivering the said renewal
bonds to said board. The said county or township treasurer and his
securities shall be responsible, on his official bond, for all moneys, bonds
or securities received by him under this section. (Session Acts 1911.)

The above section and the one which follows were passed by the Forty-sixth
General Assembly on the same day and signed by the Governor on the same day.
They should be construed together.

Sec. 10777. School loan method of voting sale of bonds. For

Revised School Laws. 11

the purpose of purchasing schoolhouse sites, erecting schoolhouses
and furnishing the same, and building additions to or repairing
old buildings, the boa.rd of directors shall be authorized to borrow
money, and issue bonds for the payment thereof, in the manner
herein provided. The question of loan shall be decided at an an-
nual school meeting or at a special election to be held for that pur-
pose. Notice of said election shall be given at least fifteen days be-
fore the same shall be held, by at least five written or printed notices,
posted in five public places in the school district where said election
shall be held, and the amount of the loan required, and for what
purposes. It shall be the duty of the clerk to sign and post said
notices. The qualified voters at said election shall vote by ballot.
Those voting in favor of the loan shall have written or printed on
their tickets, "For the loan;" those voting against the loan, the
words "Against the loan;" and if two-thirds of the votes cast on the
proposition shall be "for the loan," the district board shall be vested
with the power to borrow money, in the name of the district, to the
amount and for the purpose specified in the notices aforesaid, subject
to the restrictions of the following section. When bonds are voted
under this section for the erection of one or more schoolhouses, to be
erected on the same or different sites in common school districts,
said bonds shall not be negotiated by said board until said bonds have
been deposited with the county or township treasurer of the county
or township in which said district shall be situated, and upon the
order of said board, and the payment to the county or township
treasurer of the amount agreed to be received for the same by said
board from the person loaning said money upon said bonds. The
county or township treasurer shall countersign said bonds and de-
liver the same to the person or persons named by said board of
directors; but no such bonds shall be sold for such an amount that
the net proceeds, after deducting expenses and commissions from the
same, shall be less than ninety cents on the dollar of the face value
thereof, and all renewal funding bonds issued by such districts to be
exchanged for outstanding bonds of said districts, or for the purpose of
being sold to raise sufficient funds to pay any outstanding bonds there-
of, shall not be exchanged, negotiated or sold by the board of direc-
tors of said districts except as above provided, and not until the pur-
chase price thereof, or the bonds to be exchanged therefor, shall be
turned over to the county or township treasurer; and said treasurer
shall write or print the words "Paid by renewal bonds" across the
face of said bonds so received in exchange and sign the same before
delivering the said renewal bonds to said board. The said county
or township treasurer and his sureties shall be responsible on his
official bond, for all moneys, bonds or securities received by him under
this section. (Session Acts 1911.)

No petition is necessary to call election to vote bonds under this section. Richard-
son v. McReynolds, 114 Mo. 641. Board may issue bonds for a less sum than amount
authorized by vote; and also may issue renewal bonds for a larger sum than voted
when necessary to cover accrued interest on first bonds. Bauer v. District, 78 A. 442,
The payment of a commission which reduces net proceeds of bonds to 89 cents on the

12 Revised School Laws.

dollar while not authorized does not render such bonds void. The Franklin, etc., v.
Roscoe, 75 Mo. 408. Recital in bonds that law governing their issue has been com-
plied with is not evidence of that fact and does not estop district from contesting
them. Heard v. District, 45 A. 661 ; Thornburg v. District, 175 Mo. 12. When record
of district fails to affirmatively show that an election was ordered and a day fixed
by the board to vote on the proposition to borrow money and issue bonds, the bonds
are void. Thornburg v. District, 175 Mo. 12.

There are two methods of securing a building fund: (1) By a sale of bonds under
section 10777; (2) by levy for building purposes, under section 10797. Neither requires
a petition of taxpayers or voters. In either case, the board of directors may take the
initiative. 114 Mo. 641. Under section 10797, the board shall proceed to determine the
rate of taxation necessary for building purposes when "requested by petition of ten
taxpayers of any school district." Both sections apply to all classes of school dis-
tricts to city, town, consolidated, and to common school districts with three directors.
Again, both the loan and the levy for building purposes may be voted upon at either
an annual or special meeting. In both cases notice is required. In both cases, to
carry the proposition, it is necessary that two-thirds of the qualified voters voting
at the election vote therefor.

It often happens that the question of loan is submitted at an election where
several other questions are voted upon, and the number of votes cast upon the loan
falls considerably short of the number who vote on the various propositions sub-
mitted at the election. For instance, only thirty persons vote on the question of loan,
while forty may vote upon some other proposition submitted at the election. In this
case, two-thirds of the thirty votes, twenty votes, would carry the bond proposition,
instead of two-thirds of the forty votes cast on other questions. The State Auditor
registers bonds which receive two-thirds of the votes cast on question of loan.

Note that section 10777 requires the notices to state "the amount of the loan
required and for what purposes." School boards and annual meetings sometimes desire
to vote upon a loan smaller than that stated in the notices. It is evident that this
cannot be legally done. If so, why require the amount stated in the notices? Again,
the tickets cast have on them "Against the loan," or, "For the loan." Against or for
what loan, if not the one stated in the notices? Again, if the proposition carries, the
board shall be vested with the power to borrow money "to the amount and for the
purpose specified in the notices aforesaid." To what amount, if not the one stated
in the notices?

School boards should be careful to observe the provisions of section 1275, R. S.
1909, in negotiation of bonds for the purpose of building schoolhouses, or for any
other purpose, in order that the same may obtain validity. This section requires that
the bond shall bear the endorsement of the State Auditor, who is entitled to receive
from the board all the necessary certificates and copies of record evidencing a full
compliance with the law governing their issuance, which evidence is to be filed and
preserved in his office. Upon request the State Auditor will furnish necessary blanks,
which will enable the board to carry out the provisions of this section.

The State Superintendent cannot furnish blank school bonds. They may be ob-
tained from any printing or stationery house dealing in official blanks, as George D.
Barnard & Co., August Gast & Co., and Heinicke-Fiegel Lithographing Co., all of
St. Louis.

Sec. 10778. Restrictions on loans. The loan authorized by the
preceding section shall not be contracted for a longer period than twenty
years, and the entire amount of said loan shall at no time exceed, in-
cluding the present indebtedness of said district, in the aggregate
five per cent, of the value of the taxable property therein, to be ascer-
tained by the assessment next before the last assessment for state and
county purposes previous to the incurring of said indebtedness, the
rate of interest to be agreed upon by the parties, but in no case to
exceed the highest legal rate allowed by contract; when effected, it
shall be the duty of the directors to provide for the collection of an

Revised School Laws. 13

annual tax sufficient to pay the interest on said indebtedness as it falls
due, and also to constitute a sinking fund for the payment of the prin-
cipal thereof within the time said principal shall become due. (R. S.
1899, 9753, re-enacted, L. 1909, p. 770.)

When a district authorized the issue of bonds in excess of the five per cent, limit
recited in this section and in section 12, article X of Constitution, all of such issue is
void, notwithstanding the district received the proceeds thereof. Thornburg v. District
Three, 175 Mo. 12. When bonds are legally voted and issued no subsequent assent of
voters is necessary to authorize tax levy to meet annual interest and create sinking
fund to pay such bonds. Benton v. Scott, 168 Mo. 378; Evans v. West Plains, 186
Mo. 703. The validity of the organization of a district cannot be raised by suit to
enjoin collection of taxes, nor can the payment of illegal taxes be resisted without
first paying or tendering such taxes as are legally due. Burnham v. Rogers, 167 Mo.
17 ; Black v. Early, 208 Mo. 281. A failure to provide a sinking fund for payment of
bonds does not affect their validity. Bauer v. District, 78 A. 442.

Irregularity in the issuing of bonds cannot affect an innocent holder. 45 A. 660.

This section imposes two restrictions : First, as to the period for which the loan
may be effected; and, second, as to the amount. The limitation on the amount of the
loan five per cent, of the value of taxable property is a constitutional limitation
(article X, section 12 of Constitution of 1875). "The highest legal rate of interest
allowed by contract," spoken of in this section, is eight per cent.

Sec. 10779. Renewal funding bonds, issue of. The board of di-
rectors of any school district, organized under any general or special
law of this state, is hereby authorized to issue funding and refund-
ing bonds for the district, to be exchanged for outstanding bonds of
the district, or sold for the purpose of meeting and paying any ma-
tured or maturing bonded indebtedness thereof. Each bond shall be
of the denomination of not more than one thousand nor not less than
one hundred dollars, and shall bear interest not to exceed eight per
cent, per annum, and such interest shall be payable semi-annually,
and to this end each bond shall have semi-annual coupons attached
thereto and be made payable to bearer: Provided, that no bonds is-
sued under this section shall be payable in less than five years nor
more than thirty years from the date thereof, and shall be payable,
principal and interest, in the city of St. Louis or the city of New York,
at the option of the board of directors, or as may be agreed upon by
such board of directors and the purchaser of such bonds. Such board
of directors shall be empowered to prepare and issue from time to
time such number of renewal bonds as may be necessary for the ob-
jects and purposes of this law, and each bond shall be signed by the
president, countersigned by the secretary or clerk, and authenticated
by the seal of such board of directors, if there be one; and shall also
be attested by the clerk of the county court of the county in which
such district is located, and he shall put the seal of said court on each
of said bonds. The secretary or clerk of the board of directors shall
keep a record in the books of the school district of all the renewal
bonds that may be issued by the board of directors under the pro-
visions of this chapter, noting the date when issued and when due,
and also the number and amount of each bond so issued, and shall
also keep a full record of all transactions that may be necessary for the
identification of such bonds. (R. S. 1899, 9754, amended, L. 1909,
p. 770.)

14 Revised School Laws.

This section applies to the bonds legally issued by district organized under special
law. The St. Joseph, etc., v. Gaylord, 86 Mo. 401. If there be unpaid interest on origi-
nal bonds new bonds may be issued to cover both principal and interest of such old
bonds. Bauer v. District, 78 A. 442.

School board has authority to issue bonds to raise money to build schoolhouse ;
also to issue renewal refunding bonds. 86 Mo. 401.

Sec. 10780. Exchange and sale of funding bonds no commission
allowed. Boards of directors are empowered to exchange the afore-
said bonds for any bonds that may now be outstanding against any school
district so indebted; but no renewal bonds shall be exchanged for any
outstanding bond for a sum less than ninety cents on the dollar of
its face value. Said boards of directors shall also be empowered to
sell such renewal bonds for cash if, in their judgment, it will be to
the interest of such school district; but no commission shall be allowed
or cost incurred in the exchange or sale of said bonds which will reduce
the net proceeds of the same to a less amount than ninety cents on the
dollar, and all sums of money realized from the sale of said renewal
bonds shall be used in the redemption of outstanding bonds of the school
district. (R. S. 1899, 9755, amended, L. 1909, p. 770.)

Payment of a commission which reduced net proceeds below 90 cents on dollar is
illegal, but does not render bonds void. The Franklin, etc., v. Roscoe, 75 Mo. 408.

Sec. 10781. Redeemed bonds to be destroyed. Whenever any
bonds shall be redeemed, as provided for in this chapter, such bonds
shall be burned in the presence of a majority of the members of the
board of directors, and two other credible persons as witnesses of the
fact, and the secretary or clerk of the board of directors shall record in
the books of the school district a description of the bonds so destroyed
by noting the date when issued and when due, and the number and
amount of each of said bonds, and specify what members of the board
of directors, and who as witnesses, were present at the burning of
said bonds. (R. S. 1899, 9756, amended, L. 1909, p. 770.)

When bonds payable to bearer are redeemed before maturity and instead of burn-
ing same the board allows them to remain in hands of its agent, who fraudulently
sells them to an innocent purchaser, the district will have to pay them again. Fogg
v. District, 75 A. 159.

Bonds due in twenty years, but redeemable after five years, are negotiable. 75
A. 159.

Sec. 10782. Tax levy for sinking fund. Boards of directors are
hereby authorized to make an estimate for the levy of a tax, not to ex-
ceed two-fifths of one per cent., upon all the taxable property of the
school district at its assessed valuation, said tax to be levied and col-
lected in the same manner as other taxes for school purposes; and
the money arising from said tax shall constitute a sinking fund, and
shall be used only for the redemption of any outstanding bonds of
such district: Provided, that if such outstanding bonds cannot be
obtained, then such money shall be invested in United States bonds
or bonds of the state of Missouri, or, if at any time the board of di-
rectors deem it advisable, they may loan such money at the same rate of
interest and in the same manner and subject to the same restrictions as
to security as the township school funds are loaned, until such time as

Revised School Laws. 15

said outstanding bonds can be obtained. (E. S. 1899, 9757, amended,
L.1909, p. 770.)

When bonds are legally issued no vote of district is necessary to authorize the tax
estimates for annual interest and for sinking funds. K. C., F. S. & M. R. R. Co. v.
Chapin, 162 Mo. 409; Benton v. Scott 168 Mo. 378; Evans v. West Plains, 186 Mo. 203.
Illegal taxes cannot be resisted without paying such taxes as are legal. Black v.
Early, 208 Mo. 281.

Sec. 10783. Tax levy for annual interest. Boards of directors are
hereby authorized to make an estimate for the levy of a tax upon all
the taxable property of the school district at its assessed valuation,
said tax to be levied and collected as other taxes for school purposes
said tax to be sufficient in amount to pay the annual interest on all bonds
of their respective districts, and to pay for the printing or engraving of
any bonds that may be issued by virtue of this chapter. (R. S. 1899,
9758 ? amended, L. 1909, p. 770.)

All cases cited under section 10782 apply to this section.

Officers of corporation in possession of their offices are presumed to be regularly
elected and entitled to hold until contrary be shown. 44 Mo. 154. A person derives
his title to an office by his election. 44 Mo. 223. Official character of school directors,
how proven. 27 Mo. 251.

Sec. 10784. Care of property and purchase of material. The

board of directors shall have the care and keeping of all the property be-
longing to the district, and shall provide the necessary globes, maps,
charts, apparatus and material for the use of the school. The board
shall keep the schoolhouse and other buildings in good repair, the
grounds belonging thereto in good condition, and shall provide fuel,
heating apparatus and all other material and appliances necessary for
the proper heating, lighting, ventilation and sanitation of the school
house ; shall have the floors swept and the fires made at the expense of
the district, and cause an accurate account of the expense thereof to be
kept and a report of the same to be made at the next annual meeting.
The board of directors shall not allow the use of the schoolhouse or school
premises for religious, literary or other public purposes, or for the
meeting of any farmer or labor organization, secret or otherwise, except
when such use shall be demanded by a majority of the voters of the dis-
trict at any annual or special meeting : Provided, that when the use of
the schoolhouse and school premises is allowed for the above named pur-
poses, they may be so used until the next annual meeting, and it shall be
the duty of the person or persons so using them to keep them clean and
in good repair, and to leave them in as good condition as they were when
they took charge of them : Provided further, that should the person or
persons so using the schoolhouse and school premises fail to comply with
the provisions of this section, the board of directors of such district may
refuse further use of them until said provisions are complied with. (R.
S. 1899, 9763, amended, L. 1909, p. 770.)

In making contract for the district the board must strictly follow the statute. If
the contract is not in writing no recovery can be had for services rendered or materials
furnished under same. The teacher cannot bind the district for services of a janitor,
and all contracts made with the directors when not assembled as a board are void.
Taylor v. District, 60 A. 372; Kane v. Calhoun, 48 A. 408; State ex rel. v. Law-

16 Revised School Laws.

rence, 178 Mo. 350. The proceedings of board at a meeting held outside of the district
are void. State ex rel. v. Kessler, 136 A. 236.

The district will not be bound by an entry on its records showing the acceptance
of a written proposition unless such record shows the proposition was accepted In the
form it was made. Perkins v. District, 99 Mo. 483. See section 2778, requiring all
contracts by districts to be in writing.

Where furniture of school district remains in schoolhouse and the key in posses-
sion of the trustees, they are in possession of the schoolhouse. 27 Mo. 251. Board of
directors cannot authorize schoolhouse to be used for purpose of teaching a Sunday
school. 67 Mo. 301. Directors acting separately and apart cannot bind district. 67 Mo.
319. Acts of directors to bind corporations must be done in their official capacity. 26
Mo. 102. Proceedings of board of school directors must be shown by their record. 48
A. 408. No action can be maintained against school district upon an order drawn upon
treasurer by one or more of the directors of the district. 67 Mo. 319. By this section
the board has full care of the school buildings and all other property belonging to the
district, and is empowered and directed to provide all necessary supplies, keep the house
in good repair and cause the floors to be cleaned and fires made at the expense of the
district. Under supplies the board may purchase out of the incidental funds a small
amount of supplementary reading which is as necessary to the success of the school
as blackboards and crayons, and more necessary than maps and charts.

In exercising their right to enter into contracts binding upon the district, the
board of directors is confined to the manner and the conditions required by the terms
of the statute. The purpose of these requirements Is that the terms of the contract
shall in no essential particular be left in doubt, or to be determined at some other
time. If a person can, without such contract, bind the district impliedly for the value
of his services, he would defeat the purpose of the legislature in enacting the law.

The law will not make that valid without writing which it requires to be in writ-
ing. 30 A. 456.

"No power exists in the board of school directors to rent buildings or rooms
separate from the schoolhouse and employ a teacher for a supplementary school
therein." 50 A. 39.

Boards of school directors should be careful to see that the provisions of this
section are properly complied with when the school building is allowed to be used for
other than school purposes, for fear of vitiating their Insurance.

Board of directors has right under certain circumstances to reject any and all
bids, and no action for damages arises. 122 Mo. 61.

Sec. 10785. Rules and regulations admission of nonresidents.

The board shall have power to make all needful rules and regulations
for the organization, grading and government in their school district
said rules to take effect when a copy of the same, duly signed by order
of the board, is deposited with the district clerk, whose duty it shall
be to transmit forthwith a copy of the same to the teachers employed
in the schools; said rules may be amended or repealed in like manner.
They shall also have the power to suspend or expel a pupil for con-
duct tending to the demoralization of the school, after notice and a
hearing upon charges preferred, and may admit pupils not residents
within the district, and prescribe the tuition fee to be paid by the
same: Provided, that the following children, if they be unable to pay
tuition, shall have the privilege of attending school in any district in
this state in which they may have a permanent or temporary home:
First, orphan children; second, children bound as apprentices; third,
children with only one parent living, and fourth, children whose parents
do not contribute to their support : Provided further, that any person
paying a school tax in any other district than that in which he resides
shall be entitled to send his or her children to school in the district in

Revised School Laws. 17

which such tax is paid and receive credit on the amount charged for
tuition to the extent of such school tax. (R. S. 1899, 9764, amended,
L. 1909, p. 770.)

When the board fails to make rules for government of school, the teacher may
make such rules as are reasonable and necessary and enforce them. He may prohibit
pupils from quarreling or fighting in going to and from school, and may prescribe the
course of study when no other lawful authority has done so. Deskins v. Gose, 85 Mo.
485 ; State ex rel. v. Millsap, 130 Mo. 683. A rule prescribed by board that a pupil
who is absent six half days in four weeks, without satisfactory excuse, shall be expelled,
is reasonable. King v. Board, 71 Mo. 628. Likewise a rule made while smallpox is
prevalent, excluding pupils who have not been vaccinated. State ex rel. v. Cole, 220
Mo. 697.

Though no rules have been made, the board may, after examination and hearing,
expel a pupil who defies the teacher and intentionally tries to demoralize the school
by swearing, fighting, or other obnoxious and filthy conduct. State ex rel. v. Hamilton.
42 A. 24. The board cannot control the conduct of pupils after they return home, and
a rule prohibiting them from attending social parties is illegal. Dritt v. Snodgrass.
66 Mo. 286. Non-resident parent cannot, by mandamus, compel board to give him
credit on tuition of his children with taxes paid in district. He should pay or tender
any balance due the district, and then if his children are refused admittance, bring
his action of mandamus to secure their admittance. State ex rel. v. Clark, 18 A. 531.

A minor who is neither an orphan nor an apprentice and whose parents reside
without the school district is not entitled to attend the public school without paying
tuition fee, although having a home more or less permanent in the district. 30 A. 285.

By this section boards of school directors are empowered to adopt needful and
reasonable rules for the grading and government of the schools in their district. In
the absence of rules being furnished by the board, the teacher may adopt such rules
and punish pupils for infractions of same. The board should see that the official course
of study adopted by county superintendent is followed. In this way may system
and uniformity be secured.

The power to suspend or expel a pupil belongs exclusively to the board of di-
rectors. Before this power can be exercised the accused must be furnished a copy of
the charges preferred and be granted an opportunity to defend himself against such
charges.

This section provides that children whose parents do not contribute to their sup-
port may attend school without payment of tuition in any district in which such
children may find a permanent or temporary home.

The board is authorized to admit non-resident pupils and prescribe the tuition
to be paid by same, and the board may admit to the schools persons over twenty years
of age on payment of tuition, just as non-residents are admitted.

Where a person residing in one school district sends to school in another district
in which he pays a school tax, how to obtain credit on tuition. 18 A. 523. Courts
have no power to prescribe what shall or shall not be taught in the public schools.
The term common school means schools open and public to all, rather than of a
definite grade. 7 A. 566 ; 77 Mo. 484.

A resident of a school district is not entitled to attend the public schools of the
district unless he is within the age limited by the Constitution, namely, between the
ages of six and twenty years. 61 A. 407.

Coming temporarily within a district to reside during the scholastic year, for
the purpose of sending children to the scchool of that district, is not allowable, and
the party so doing is not entitled to free tuition. 84 A. 140.

A teacher has the right to inflict reasonable punishment for misconduct by whip-
ping. It must be administered for a salutary purpose to maintain the discipline and
efficiency of the school. There is no such thing as reasonable punishment from a
malicious motive. 88 A. 354.

There is no conflict between this section and section 10933. The county superin-
tendent shall "adopt" the course of study for use in schools under his supervision, and
shall require the same to be used.

SLr 2

18 Revised School Laws.

Sec. 10786. Contagious diseases among pupils. It shall be un-
lawful for any child to attend any of the public schools of this state while
afflicted with any contagious or infectious disease, or while liable to
transmit such disease after having been exposed to the same. For the
purpose of determining the diseased condition, or the liability of trans-
mitting such disease, the teacher or board of directors shall have power
to require any child to be examined by a physician or physicians, -and
to exclude such child from school so long as there is any liability of
such disease being transmitted by the same. A refusal on the part
of the parent or guardian to have an examination made by a physician or
physicians, at the request of the teacher or board of directors, will
authorize the teacher or board of directors to exclude such child from
school; and any parent or guardian who shall persist in sending a
child to school, after having been examined as provided by this sec-
tion, and found to be afflicted with any contagious or infectious dis-
ease, or liable to transmit the same, or after having refused to have
such child examined as herein provided, shall be deemed guilty of a
misdemeanor, and, upon conviction, shall be punished by a fine of not
less than five nor more than one hundred dollars. (R. S. 1899, 9765,
re-enacted, L. 1909, p. 770.)

When smallpox exists in the neighborhood of school, board may exclude pupils
who refuse to be vaccinated. In re Rebeneck, 62 A. 8; State ex rel. v. Cole, 220 Mo.
697.

Schools cannot be closed on account of contagious diseases unless ordered by
board of health, or on agreement of both parties to the contract.

Sec. 10787. Employment of teachers. The board shall have
power, at a regular or special meeting, to contract with and employ
legally qualified teachers for and in the name of the district; all special
meetings shall be called by the president and each member notified of the
time, place and purpose of the meeting. The contract shall be made
by order of the board; shall specify the number of months the school
is to be taught and the wages per month to be paid; shall be signed
by the teacher and the president of the board, and attested by the clerk
of the district when the teacher's certificate is filed with said clerk, who
shall return the certificate to the teacher at the expiration of the term.
The certificate must be in force for the full time for which the contract is
made. The board shall not employ one of its members as teacher, nor
shall the teacher serve as clerk of the district. All transactions of the
board under this section must be recorded by and filed with the district
clerk. (R. S. 1899, 9766, re-enacted, L. 1909, p. 770.)

The directors have no power to hire a teacher until they are assembled as a board.
Pugh v. District, 114 A. 688. When all members of a board are present, whether the
meeting is upon notice or by accident, they may lawfully hire teachers and transact
other business, and their failure to make and preserve minutes of their proceedings
does not render their acts illegal. Decker v. District, 101 A. 115; Hibbard v. Smith,
135 A. 721. Failure of clerk to attest contract, or failure to deposit same with clerk,
does not render it void. McShane v. District, 70 Mo. 624 ; Hibbard v. District, 135 A.
721. If contract is illegal the fact that it appears regular on its face and was re-
corded by the clerk does not prevent the district from disputing its legality. Pugh v.
District, 114 A. 688. When a majority of board duly assembled by their record au-
thorize the president and clerk to sign contract with a teacher the district cannot

Revised School Laws. 19

enjoin her from teaching simply because the president of board failed to perform his
duty in refusing to sign the contract. School District v. Edmondson, 50 A. 65. When
new directors are elected and qualified, the old directors have no power to hire a.
teacher. Loomis v. Coleman, 51 Mo. 21. When a contract is produced, signed by all
three of directors, the burden of showing it is invalid rests upon the district. Arm-
strong v. District, 28 A. 169. Directors are not liable for slander or libel when they,
for reasonable cause, and in good faith, file charges against teacher with superin-
tendent, although such charges be withdrawn before a hearing. Emily v. Steeler, 159
Mo. 299.

Members of school board wantonly obstructing a teacher in the discharge of his
duty are individually liable therefor. 55 Mo. 149; 98 App. 163. An order of school
board entered of record to employ teacher will be sufficient to constitute contract,
though no written contract be entered into if teacher renders service thereunder. 63
Mo. 137; see 28 A. 169. School board has no power to discharge teacher, but when
his certificate is revoked he is disqualified from further teaching in public schools In
that county. 78 Mo. 226; 19 A. 462. Not necessary tnat teacher have certificate that
reaches to end of term, for which she is employed, provided that during the term she
has proper certificate. 50 A. 65. See, also, 135 A. 721.

The employment of teachers is one of the powers vested exclusively in the board
of directors. In some districts the voters attempt to dictate by a vote who shall be
employed as teacher, or the wages to be paid. There is no authority for a vote upon
either proposition ; therefore, the board is not bound by such action. A teacher may be
employed at either a regular or special meeting of the board. Regular meetings of the
board are those held at stated times, and it is the duty of each member of the board
to attend such meeting without notice. Special meetings of the board should be called
by the president, each member being notified of the time, place and purpose of the
meeting, but in the event of his failure to call such meeting when the business of the
district requires that a meeting shall be held, the meeting may be called by the other
members of the board and the president notified of the time, place and purpose of the
meeting.

When a teacher has been elected, the district record should show the name of the
teacher, the number of months the school is to be taught, and the wages per month to
be paid. An order should also be entered directing the president and clerk to enter
into written contract with the teacher. It then becomes the duty of the president of
the board to sign such contract, and he may be removed from office for a refusal to
do so. Upon two points the law specifically requires that the contract shall be definite ;
the number of months the school is to be taught and the wages per month to be paid.
A contract for five months, or longer, provided there is sufficient money to maintain
a longer term, is only valid for five months. In some districts a contract is made with
the teacher at so much per month and whatever tuition he may collect. This is a plain
violation of law. The tuition fees must be collected and turned into the treasury to
the credit of the teachers' fund.

Complaint is sometimes made by teachers that they have been regularly em-
ployed, the district record showing such employment, but that through some neglect
the contract was not drawn, and the members of the board having, for some reason,
changed their minds, rescind their former action and employ another teacher. This
is an injustice to the person first employed, but he has no remedy, as the contract is
not binding on the district until it is made in writing and signed. However, should
the teacher perform services for the district he may recover compensation for such
services, even though no written contract existed.

A contract for the employment of a teacher may be recovered upon, though not
in writing, if service has been rendered. 63 Mo. 137. A teacher does not forfeit any
right under his contract, or under the law, by failing to make monthly reports, when by
action of the directors the school has been closed. 30 A. 113 ; 28 A. 169 ; see 24 A. 213.
Must teach in district schoolhouse. 30 A. 641.

In absence of evidence that meeting was not regularly called, it will be presumed
the meeting was regular. 59 A. 580.

20 Revised School Laws.

FORM FOR TEACHER'S CONTRACT.

This agreement, made the day of , 191, between , a legally quali-
fied public school teacher, of the first part, and the school board of district No. ,

county of , and State of Missouri, of the second part.

Witnesseth : That the said agrees to teach the public school of said district

for the term of months, commencing on the ' day of , 19 , for the sum

of dollars per month, to be paid monthly, and that for services properly rendered

and reports correctly made according to law, said board agrees to issue a warrant

upon the treasurer, in favor of the said , for the amount of wages due under

this agreement.

Done by order of the board, this day of , 191 .

, Teacher. , President.

Attest: , District Clerk.

ec. 10788. Contract construed. The contract required in the
preceding section shall be construed under the general law of contracts,
each party thereto being equally bound thereby. Neither party shall
suspend or dismiss a school under said contract without the consent of
the other party. The board shall have no power to dismiss a teacher;
but should the teacher's certificate be revoked, said contract is thereby
annulled. The faithful execution of the rules and regulations furnished
by the board shall be considered as part of said contract: Provided,
said rules and regulations are furnished to the teacher by the board
when the contract is made. Should the teacher fail or refuse to comply
with the terms of the contract or to execute the rules and regulations of
the board, the board may refuse to pay said teacher after due notice,
in writing, is given by order of the board until compliance therewith is
rendered. Should the schoolhouse be destroyed, the contract becomes
void. (R. S. 1899, 9767, re-enacted, L. 1909, p. 770.)

The district ia not liable for wages of teacher after schoolhouse is destroyed.
Hall v. District, 24 A. 213. The board cannot close the school before the end of term
because not enough funds have been collected to pay the teachers. Rudy v. District,
30 A. 113. Teacher cannot be deprived of his wages for failing to carry out a rule
of which he was not notified. Perkins v. District, 61 A. 512. The board has no power
to discharge a teacher but for immorality or other improper conduct. The county super-
intendent may, after due notice and hearing, revoke his certificate, which would ter-
minate his right to teach. Arnold v. District, 78 Mo. 226; Oakes v. District, 98 A. 162.

School may be dismissed and closed before end of contract term by agreement of
teacher and directors. 59 A. 580.

Each party, the teacher on the one hand and the board on the other, is equally
bound by the contract. This fact cannot be too strongly impressed upon the parties to
the contract. A board of directors cannot exercise too much care in the selection of a
teacher, for when the contract is completed it cannot be abrogated except by having
the teacher's certificate revoked by the county superintendent, as provided in section
10944. Conditions over which neither party has control may, however, have the effect
of abrogating the contract ; for instance, closing of school by board of health, burning
of schoolhouse, etc.

Faithful compliance with the rules and regulations furnished by the board is
made part of the contract. Necessary rules and regulations for the government of the
school should be adopted by every board of directors, and a copy of such rules fur-
nished the teacher at the time of entering into contract. A person entering into a
contract with a school district, through its directors, must, at his peril, take notice of
the limited powers of the directors, and if he enters into a contract with them in
excess of their powers, no recovery can be had by him thereon. 30 A. 113. The power
of a board of directors with reference to expenditures is limited to the income provided

Revised School Laws. 21

for the current year. Therefore, a teacher should inform himself before entering into
contract as to amount of revenue provided for teachers' wages, as he can collect no
greater amount than that provided. Note the difference, however, between "revenue
provided" and "revenue collected." When the levy for school purposes is made, the
revenue is said to be "provided." Warrants may be drawn against the revenue pro-
vided whether it is collected during the school year or not.

Teacher need not have certificate when contract is made. Must hold certificate
while teaching. Contract requiring special examination of teacher, nugatory. Services
under contract must be rendered during school year. 93 A. 254.

Sec. 10789. Visitation of schools. It shall be the duty of the
board to visit the schools under their care, examine into their condition
and the progress of the pupils, advise and consult with the teachers, and
to exercise such supervision as will best promote the interest of the
schools. (B. S. 1899, 9768, re-enacted, L. 1909, p. 770.)

No member of a school board should feel that he has discharged his duty until
he has visited the school at least two or three times. Such visits encourage and stimu-
late both pupils and teacher. Only in this manner is it possible for members of the
board to make themselves familiar with the management of the school.

Sec. 10790. Enumeration lists. The board of directors of each
district shall, between the thirtieth day of April and the fifteenth day of
May of each year, take, or cause to be taken, and forwarded to the
county clerk, an enumeration of the names of all persons over six and
under twenty years of age, resident within the district, designating
male and female, white and colored, and age of each, together with
the full name of the parent or guardian of each child enumerated;
and also an enumeration of all blind and deaf and dumb persons of
school age, resident within the district, designating male and female,
white and colored, and age of each, together with the full name of
the parent or guardian of each of such children so enumerated, and
their postoffice address, which said enumerations shall be subscribed
and sworn to; and any parent or guardian who shall knowingly fur-
nish to any enumerator the name of any child who is under six or
over twenty years of age, or who is a non-resident of the district,
shall be guilty of a misdemeanor, and any enumerator who shall know-
ingly return a false enumeration shall be deemed guilty of a misde-
meanor and punishable by a fine not to exceed one hundred dollars;
and should the board neglect or refuse to comply with the provisions
of this section, such district shall forfeit its right to any portion of
the public ' funds for the next ensuing school year : Provided, that
the board of directors of any city having more than fifty thousand
inhabitants may relieve itself of the duty aforesaid four times to every
period of five years by passing a resolution each year adopting the last
enumeration therein made as its enumeration of persons of school
age in said city for such year, and thereupon such last enumeration
shall be deemed returned and taken as its enumeration for such year
for all purposes under this chapter. The county clerk of each county
shall certify to the superintendent of the school for the deaf and dumb
at Fulton, as soon as convenient after he receives the enumeration lists,
the names of all deaf and dumb persons of school age in his county,
giving name, age, sex and color, and the name and postoffice address of
parent or guardian of such persons, and to the superintendent of the

22 Revised School Laws.

school for the blind in St. Louis the names of all blind persons of school
age in his county, giving name, age, sex and color, and the name and
postoffice address of parent or guardian of such persons. (R. S. 1899,
9770, amended, L. 1909, p. 770.)

Historical Note That part of section 10932 which requires the county superin-
tendent to receive and approve enumeration lists is probably repealed by this section,
which requires such lists to be forwarded to county clerk. The bill creating section
10932 was approved March 15, 1909, while the bill which amended section 10790 was
passed May 13, 1909, and approved June 1, 1909. (Laws 1909, pp. 770, 822.) How-
ever, it will no doubt be agreeable to the county clerk for the superintendent to re-
ceive and pass upon enumeration lists and estimates and then file them with him, as
provided in section 10932. The district clerk is not required to* enumerate children
who are absent and whom he honestly -believes have moved away from the district.
State ex rel. v. Smith, 64 A. 313. When clerk intentionally makes a false enumeration
showing less than fifteen colored children in district, when he knows there are more
than that number, the enumeration is void, and mandamus will lie to compel the estab-
lishment of a negro school. State ex rel. v. Cartwright, 122 A. 257.

Section 1, Art. XI, Constitution. 84 Mo. 74; 30 A. 285.

Great care should be taken by the enumerator to get the name of every child
in the district entitled to enumeration. The public funds county and township are
apportioned upon the enumeration, and for every name missed the district will lose
from $1.50 to $3.50, or possibly more. Do not fail to forward the enumeration to
the county clerk within the time specified by law. It is not the duty of the district
clerk to take the enumeration. The board may take the enumeration of the district
themselves, or may cause the same to be taken by employing the district clerk or any
other competent person. Section 10825 makes it the duty of assessors to furnish the
county clerks lists of taxpayers by school districts.

Sec. 10791. Estimate. The board of directors of each district
shall, on or before the fifteenth day of May of each year, forward to the
county clerk an estimate of the amount of funds necessary to sustain the
schools of their district for the time required by law, or, when a longer
term has been ordered by the annual meeting, for the time thus decided
upon, together with such other amount for purchasing site, erecting
buildings or meeting bonded indebtedness, and interest on same, as may
have been legally ordered in such estimate, stating clearly the amount
deemed necessary for each fund, and the rate required to raise said
amount. (R. S. 1899, 9771, amended, L. 1909, p. 770.)

Historical Note This section seerns to repeal that part of section 10932, requiring
county superintendents to receive and approve estimates. See note under section
10790. The board may withdraw an estimate filed with county clerk before it is acted
upon and file another estimate in lieu thereof, upon which latter estimate a legal levy
may be made. State ex rel. v. Phipps, 148 Mo. 31, 36. When a levy of 100 cents on
100 dollar valuation has been authorized by a vote of the district, the board may ap-
portion same by their estimate among the several funds as they deem proper, and the
fact that they only filed an estimate for a 9 8 -cent levy when 100 cents had been
authorized does not render the tax illegal. State ex rel. v. Phipps, 148 Mo. 31. If the
estimate for teachers and incidental funds exceeds 40 cents on the $100, it must recite
that the increase above 40 cents was authorized by vote of the district, but it is not
necessary that such estimate should recite the amount which a levy made in accord-
ance therewith will yield, nor that the estimate was authorized by an order of the
board. The St. L., etc., Ry. v. Gracy, 126 Mo. 472; Kansas City, etc., v. Chapin, 162
Mo. 409. No vote of district is necessary to make estimates for annual interest and
sinking fund on bonds legally issued. Benton v. Scott, 168 Mo. 379. School taxes on
railroad property must be levied by county courts pursuant to estimates on file with
clerk. State ex rel. v. Ry., 135 Mo. 619. See section 9364.

Revised School Laws. 23

Restriction on tax levy. Section 2, Art. X, Constitution. Where estimates re-
turned by school districts stated rate of required tax levy, but did not mention amount
of the several funds which levy would produce, irregularity is immaterial. 126 Mo. 472.

"Unless the estimate shows that the annual rate above forty cents other than in
village schools was authorized by a vote of the taxpayers, the county clerk has no
authority to 'assess and carry out' such increase, and in the absence of such recital
in the estimates, to the extent of the excess such taxes are void."

"The statute does not require the certified estimates for sinking and interest fund
taxes to contain a recital that a levy of such taxes was authorized by order of the
board." 162 Mo. 409.

This is to be made by the school board on or before the fifteenth day of May
of each year. The estimate is for the following purposes: (1) For teachers' fund;
(2) for incidental expenses; (3) for building; (4) for sinking fund; (5) for in-
terest fund. The estimate for teachers' wages, if it exceeds forty cents on the
hundred dollars, must state that it was ordered (section 10796) by a majority of
the taxpayers of the district. The estimate for building purposes must show that
it was authorized (section 10797) by two-thirds of the qualified voters of the dis-
trict who voted at the election. The estimate for sinking fund (section 10782) can-
not exceed forty cents on the hundred dollars. The estimate for interest (section
10783) must be sufficient to pay the interest as it falls due. It is very important that
the estimate be made promptly and in good form, being careful to "state clearly the
amount deemed necessary for each fund."

Sec. 10792. Condemnation of site. Whenever any district shall
select, at the annual or any special meeting, one or more sites for one or
more schoolhouses, and cannot agree with the owner thereof as to the
price to be paid for the same, or for any other cause cannot secure a title
thereto, the board of directors may proceed to condemn the same in the
same manner as provided for condemnation of right of way in chapter
22, article II of the Revised Statutes of 1909, and such condemnation and
the payment of the appraisement as therein provided, the title of such lot
or land shall vest in the board of directors for use in trust for the dis-
trict ; and whenever a majority of the qualified voters and taxpayers of
any school district, at any annual or special meeting called for that pur-
pose, shall determine that it is necessary to have additional grounds for
school purposes, then the board of directors may proceed to condemn and
pay for any amount of land adjacent to the schoolhouse site, or else-
where in the district, as provided in this section. (R. S. 1899, 9772,
re-enacted, L. 1909, p. 770.)

The condemnation of land for a schoolhouse site is an appropriation thereof
for public use within the meaning of the Constitution. Twp., etc., v. Hackman, 48 Mo.
243. It requires a majority of the qualified voters and taxpayers of the district, and
not merely a majority of those voting in an election, to authorize the condemnation
of land adjacent to schoolhouse site. State ex rel. v. District, 209 Mo. 464; State
ex rel. v. School District, 79 A. 103. The legality of the corporate existence of the
district cannot be made an issue in an action to condemn land under this section.
School District v. Hodgin, 180 Mo. 71.

In proceedings by special school district to condemn land for schoolhouse site,
defendant may put in issue plaintiff's corporate existence. 125 Mo. 439.

Sec. 10793. Separate schools for white and colored children.

Separate free schools shall be established for the education of children
of African descent ; and it shall hereinafter be unlawful for any colored
child to attend any white school, or for any white child to attend a col-
ored school. (R. S. 1899, 9774, amended, L. 1909, p. 770.)

Sec. 10794. Schools for colored children, establishment of. When

24 Revised School Laws.

there are within any school district in this state fifteen or more colored
children of school age, as shown by the last enumeration, the board of
directors of such school district shall be and they are hereby authorized
and required to establish and maintain within such school district a
separate free school for said colored children; and the length of the
school term for said colored children, and the advantages and privileges
thereof, shall be the same as are provided for other schools of correspond-
ing grade within such school district, and the board of directors shall in
all cases conduct, manage and control said school as other schools of the
district are conducted, managed and controlled ; and all indebtedness in-
curred by said board of directors in providing suitable buildings, em-
ploying teachers and maintaining said school shall be paid for out of the
appropriate funds of the district, upon warrants ordered and issued in
conformity with the provisions of sections 10856 and 10857 : Provided,
there be no school building in such school district for said colored chil-
dren, the board of directors shall be and they are hereby authorized and
required to rent suitable buildings and furnish the same, and all expenses
necessarily incurred shall be paid out of any funds to the credit of the
building or incidental funds of such school district. Should any board
of directors neglect or refuse to comply with the provisions of this sec-
tion, such school district shall be deprived of any part of the public funds
for the next ensuing school year: Provided, that in case the aver-
age daily attendance of colored children for any one school month shall
be less than eight, then said board of directors may discontinue such
school for a period not x to exceed six months at any one time : Provided,
that in cases where two school districts join, and in either or both of said
districts the enumeration of colored children of legal school age is less than
twenty-five-, the boards of directors of such districts may establish a joint
colored school in either of said districts, the expense of maintaining said
school to be borne by the districts establishing same, in proportion to the
number of colored children enumerated in each. The control of said
school shall be vested in the board of directors of the district in which
the schoolhouse wherein said colored school is maintained is located.
(R. S. 1899, 9775, amended, L. 1909, p. 770.)

Warrants for the payment of teachers of both white and colored schools should
be drawn on the same fund. State ex rel. v. Thompson, 64 Mo. 26. This section is
mandatory, and the board cannot escape the responsibility of establishing a colored
school by or through a false enumeration which omits part of the colored children re-
siding in district. State ex rel. v. Cartwright, 122 Mo. 257.

Constitution and laws providing for separate schools for colored children are not
forbidden by fourteenth amendment to federal Constitution ; equality, not identity of
privileges, is guaranteed to the citizens by said amendment. 103 Mo. 546. Who are
residents within the meaning of this section. 64 A. 313.

When the enumeration taken in any year shows that fifteen or more colored
children of school age reside within the district, it is the duty of the board of directors
to establish and maintain a separate free school for the education of these children.
The establishment is not perpetual. Compliance with this law requires that the
school privileges accorded the colored children shall equal those enjoyed by the
white children. The establishment of a colored school in some old tumble-down shed
of & building, with little or no furniture, and situated in a remote, inaccessible part of
the district, while the white children in the same district are provided with a com-
fortable well-furnished school building, does not comply with the spirit of this law.

Revised School Laws. 25

Instances have been reported in which it is claimed that the enumerator returned a
false enumeration in order to avoid the establishment of a school for the colored
children. In doing this, the enumerator not only violates his oath of office, but is
guilty of a misdemeanor, punishable by a fine of $100.00. See section 10790.

For failure to establish a colored school when fifteen colored children are
enumerated in the district, the district forfeits all public funds due it, and the board of
directors may be removed from office for neglect of duty. In a district having estab-
lished a colored school, if the enumeration of colored children falls below fifteen,
the school may be discontinued. The board also has authority to discontinue the
school for a period of six months when the average daily attendance for any one
month falls below eight. Should a school be discontinued for this reason, it must be
reopened at the expiration of six months, unless the white school in the district has
closed in the meantime, in which event the colored school need not be reopened during
the current school year.

There is no authority for setting aside a certain sum of money to maintain the
colored school. The expense of maintaining the colored school must be paid in the
same manner and out of the same funds drawn upon to sustain the white school.

This encourages adjoining districts, each having an enumeration of colored chil-
dren less than twenty-five, to consolidate their school for colored children.

The fact that colored children have to go farther to attend school than white
children does not furnish a substantial ground of complaint on the part of the former.
103 Mo. 546.

Sec. 10795. Colored children right to attend other schools for
colored children in county. When the number of colored children of
school age residing in any school district, as shown by the last enumera-
tion, shall be less than fifteen, they shall have the privilege and are en-
titled to attend school in any district in the county wherein a school is
maintained for colored children, and the board of directors of the dis-
trict in which such colored children reside shall reserve a sufficient
amount from the teachers' fund of such district to pay the expense thus
incurred for such school year; but such colored children shall only be
entitled to attend school for the same length of time that other schools
of the district in which they reside are maintained; and at the end of
the school term the board of directors of the district in which such chil-
dren may have attended school shall make out and forward to the board
of directors of the district in which such children reside an account show-
ing the amount due for said colored children, said amount to be equal to
the pro rata expense of such attendance, the same to be prorated accord-
ing to the amount paid for teachers ' wages and incidental expenses dur-
ing such school term ; and the board of directors of the district in which
such children reside shall issue an order on the county or township treas-
urer to transfer said amount to the credit of teachers fund of the district
in which said children attended school. Any board of directors neglect-
ing or refusing to comply with the provisions of this section shall be held
individually responsible for the amount due the district in which said
colored children attended school. (E. S. 1899, 9776, amended, L. 1909,
p. 770.)

This section gives colored children of school age, residing in a school district
not containing the requisite enumeration, the right to attend any colored school in
the county. This section imposes two duties upon the board of the district in which
the colored children reside: (1) "To reserve a sufficient amount from the teachers'
fund of such district to pay the expenses thus incurred;" (2) "to issue an order on
the county or township treasurer to transfer said amount to the credit of the teachers'
fund of the district in which said children attended school," The section imposes QI\

26 Revised School Laws.

duty upon the district in which the colored children attend, as follows: "To make
out and forward to the school board of the district in which the children reside an
account showing the amount due for said colored children." It should be noted that
the colored children are only entitled to attend school during the time that the other
schools in the district in which they reside are maintained ; that is, if there is only
a five-months' school in the country district in which the colored children reside,
they are permitted to attend but five months in the district maintaining a colored
school, even though that district should maintain an eight-months school. To find the
amount due the school which the colored pupils attend, it is necessary to ascer-
tain the cost per colored pupil per day, and multiply this by the number of days at-
tended by the colored children residing without the district. This is what is meant
by "pro rata expenses of such attendance, the same to be prorated according to the
amount paid for teachers' wages and incidental expenses during such school term."
Note that "the school board in the district in which such children may have attended"
shall forward the account against the other district "at the end of the school term."
For a failure to pay the account, if found correct, the members of the board of
directors to which the account is presented become personally liable for the amount.
Failure to present the account at close of school does not forfeit the claim. The
account may be collected at any time within five years after it becomes due.

Sec. 10796. Increase of tax levy for maintaining schools. AVhen-
ever it shall become necessary, in the judgment of the board of directors
or board of education of any school district in this state, to increase the
annual rate of taxation for school purposes, or when any five resident
taxpayers of such district shall petition such board, in writing, that they
desire an increase in the rate of taxation, such board shall determine the
rate of taxation necessary to be levied in such district within the max-
imum rates prescribed by the Constitution for such purposes, and shall
submit to the voters of said school district who are taxpayers of such
school district, at an election to be by such board called and held for that
purpose, at the usual place of holding elections for members of such
board, whether the rate of taxation shall be increased as proposed by said
board, due notice having been given as required by section 10844, and if
a majority of the voters who are taxpayers voting at such election shall
vote in favor of such increase, the result of such vote, and the rate of
taxation so voted in such district, shall be certified by the clerk or secre-
tary of such board or district to the clerk of the county court of the
proper county, who shall, on the receipt thereof, proceed to assess and
carry out the amount so returned on the tax book on all the taxable
property, real and personal, of such school district, as shown by the last
annual assessment for state and county purposes, including all state-
ments of merchants as provided by law. (R. S. 1899, 9777, amended,
Li. 1909, p. 770.)

A levy made by county court on railroad property for school purposes need not
specify the special fund for which such levy is made, if the estimates are sufficient
to enable the court to make the average rate. State ex rel. v. Ry., 135 Mo. 618. Under
this section the board should first determine what increase of taxes is necessary and
have its proceedings noted on minutes of the district clerk before submitting proposi-
tion to voters; but such action is not necessary when increase of taxes is voted at
annual meeting. Ben ton v. Scott, 168 Mo. 378.

See cases cited under section 10791.

Whenever a board deems it necessary or is petitioned by five resident taxpayers,
it shall determine the increase of levy for school purposes. Proper notice having been
given under section 10798, the proposition is voted upon, and is carried "if a majority
of the voters who are taxpayers voting at such election shall vote in favor of such

Revised School Laws. 27

Increase." Note that taxpayers and not qualified voters are spoken of. A taxpayer
is one who owns either real or personal property liable to assessment and taxation.
Observe that only a majority, and not a two-thirds majority, is required; also, that
it is a majority of the taxpayers "voting at such election," and not a majority of
the taxpayers of the district. For limitation of taxation, see article 10, section 11,
Missouri Constitution, and section 10825.

For majority of voters voting at such election, see 35 Mo. 103, and 73 Mo. 435.

The provisions of the Constitution limiting the rate of taxation do not require
legislative action to enforce it, and go into effect at once, notwithstanding the proviso
allowing the rate to be increased by legislative action and a specified popular vote.
62 Mo. 444.

Sec. 10797. Increase of tax levy for erecting schoolhouse and
similar purposes. The board of education or directors of any school
district in this state shall, whenever, in their judgment, it becomes neces-
sary, or they be requested, by a petition of ten taxpayers of any such
school district, to increase the annual rate of taxation for the purpose of
paying for school building sites, whether the same have been purchased
or condemned, for buying or erecting school buildings in such districts,
or repairing or furnishing such buildings, determine the rate of taxation
necessary to be levied within the maximum rates prescribed by the Con-
stitution, and as therein limited for such purposes, and shall submit to
the voters of such school district, at an election to be by such board called
and held for that purpose, at the usual place for holding elections for
members of such board, whether the rate of taxation shall be increased,
as proposed by said board, for any of the purposes mentioned in this
section, due notice having been given, as required by section 10844, and if
two-thirds of the qualified voters of such school district, or of such city,
town or village forming a school district, voting at said election, shall
vote in favor of such increase for the purposes aforesaid, the result of
such vote, and the rate of taxation, so voted, shall be certified by the sec-
retary or clerk of such board to the clerk of the county court of the
proper county, who shall, on the receipt thereof, proceed to assess the
amount so returned for any or all of the purposes mentioned in this sec-
tion on all the taxable property, both real and personal, of such school
district, as shown by the last annual assessment for state and county
purposes, including all statements of merchants, as is provided by law.
(Session Acts 1911.)

This section does not apply to an election to vote bonds to build schoolhouse, nor
to other elections specially provided for in other sections of the statutes. Richardson
v. McReynolds, 114 Mo. 641, 650.

Whenever the board deems it necessary or is petitioned by ten taxpayers of the
district, it shall determine the rate to be levied for building purposes, notice having
been given in accordance with section 10798. The proposition is carried "if two-thirds
of the qualified voters of such school district voting on the proposition shall vote in
favor of such increase." Note that two-thirds of the qualified voters, and not a
majority, is required. Observe, also, that it is two-thirds of those voting at the election ;
that is, two-thirds of the votes cast at the election, and not two-thirds of the qualified
voters of the district. For limitation of levy for building purposes, see article 10, sec-
tion 11, Missouri Constitution; also, section 10825. A building levy should be used for
purchase of site, erection of house and furnishing the same. All permanent improve-
ments should be made from the building fund rather than from the incidental fund,
such as building a fence, digging a cistern, erecting outhouses and seating schoolroom.

The act (11583) authorizing an increase in the levy of school taxes for building
purposes on the apportionment of the valuation of a railroad company's roadbed an.d.

28 Revised School Laws.

rolling stock, and empowering the county court to take into consideration the rate of
increase for such purposes, made in districts through which the railroad does not run,
in fixing the rate to be levied, is constitutional. 97 Mo. 496.

Sec. 10798. Notice of meeting to increase tax levy. The proposi-
tions authorized in sections 10796 and 10797 may be submitted at an
annual meeting, or at a special meeting called and held for that purpose.
Said board of directors or board of education submitting such proposi-
tion shall cause notice thereof to be given as provided by section 10844.
(R. S. 1899, 9779, amended, L. 1909, p. 770.)

Sec. 10799. Special meetings. Special school meetings for the
transaction of business authorized by this chapter, and not restricted to
the annual meeting or otherwise provided for, shall be called by the
board when a majority of the qualified voters of the district sign a peti-
tion requesting the same, and designating therein the purpose for which
said meeting is desired. Upon the reception of such petition, the board
shall call said special meeting, by notices thereof to be given in the
same manner as is provided in section 10844; and when assembled, the
meeting shall be organized by the election of a chairman and a secretary,
who shall keep a correct record of the transactions of the meeting, said
record to be signed by the secretary, attested by the chairman, and filed
with the district clerk, who shall enter the same upon the records of the
district ; but said meeting shall have no power to act upon any proposi-
tion not contained in the petition and submitted in the notices. (R. S.
1899, 9780, amended, L. 1909, p. 770.)

Special meeting may be called for purpose of continuing school beyond period
required by Constitution. 27 A. 36.

Note that special school meetings shall be called by the board "when a majority
of the qualified voters of the district sign a petition requesting the same, and designat-
ing therein the purpose for which said meeting is desired."

The special meeting when called can vote only on the propositions set forth in
the petition and notices. Of the items under 10845 the following are "restricted to the
annual meeting or otherwise provided for;" item 2 (election of directors); item 3
(filling of vacancy in board), restricted to the annual meeting by section 10847; item 4
(increase of levy for school purposes), otherwise provided for by section 10796 ; item 6
(change of boundary), restricted to the annual meeting by section 10837; item 8 (elec-
tion of superintendent), restricted to annual meeting by section 10930; item 9 (levy for
building purposes), otherwise provided for by section 10797. The following items under
10845 are "not restricted to the annual meeting or otherwise provided for," and there-
fore, may be acted upon at a special meeting called under section 10799 ; item 4 (in-
crease of school term) ; item 5 (to vote sum for library) ; item 7 (sale of school
property no longer needed for use of district) ; item 10 (location of schoolhouse
site) ; item 11 (change of schoolhouse site).

The law does not limit the number of times a proposition may be submitted to
the legal voters of a school district. A proposition not restricted to the annual
meeting nor "otherwise provided for" may be submitted as often as a majority of
the qualified voters of the district will sign a petition requesting that a special meet-
ing be called, and designating the purpose for which such special meeting is desired.
Upon reception of such petition, the board of directors must call the meeting.

FORM OF PETITION FOR SPECIAL SCHOOL, MEETING.

We, the undersigned, a majority of the qualified voters residing in school district

No. , county of , State of Missouri, desire that a special meeting of the

qualified voters of said district be called for the purpose of

Revised School Laws. 29

FORM FOR NOTICE OF SPECIAL SCHOOL MEETING.

Notice Is hereby given to the qualified voters of district* No. , county of ,

and State of Missouri, that in conformity with the petition of a majority of the resident

voters of said district, a special school meeting will be held at , in said district,

on the day of , 19 , commencing at 2 o'clock p. m., for the following pur-
poses, viz. :

Pone by order of the board this day of , 19 .

-, District Clerk.

NOTE The above notice should state distinctly the purpose for which the meet-
ing is called, and should be posted fifteen days before the day set for the meeting.

Sec. 10800. School day, week, month and year. The school day
shall consist of six hours occupied in actual school work ; the school week
shall consist of five school days, except when Thanksgiving Day, December
25, February 22 or July 4 shall fall upon a regular school day, then the
four remaining school days, if taught, shall constitute a legal school week ;
the school month shall consist of four weeks; and the school year shall
commence on the first day of July and end on the thirtieth day of June
following. (R. S. 1899, 9781, re-enacted, L. 1909, p. 770.)

By long established custom, a great majority of our rural schools divide the
school day as follows: 9:00, opening; a ten-minute recess middle of forenoon; 12:00-
to 1:00, noon; 1:00, opening of afternoon session; a ten-minute recess middle of after-
noon; 4:00, dismissal.

Consensus of opinion approves this plan as best for children. The phrase "Six
hours occupied in actual school work" has reference to work by the teacher In and
about the schoolroom. The above programme fulfills the requirement. For, from the
nature of the case, the full time of the teacher is occupied during the forenoon and
afternoon recesses in looking after the heating, ventilation and innumerable other
matters of detail which cannot be attended to except when the greater number of
children are at liberty. But this is "actual school work." In most of the well organized
city and town schools the children of the higher grades are engaged in study and
recitation about five hours daily ; the smaller children a much shorter time. Counting
work in and about the school before 9 a. m., at noon, and after 4 p. m., good teachers
in good schools usually spend from seven to nine hours daily in "actual school work."
This they do voluntarily and cheerfully at times overruling the protests of the janitor.

There are no legal school holidays except those specified in this section. General
election day and New Year's day are not legal school holidays.

Some schools have adopted the Monday holiday, and teach on Saturday.

The state superintendent will try to visit each county in the state once every two
years. He would be glad if directors and teachers would agree to take a day off and
meet him on such occasions to discuss with him some important school questions. A
day so spent will not be lost. There is nothing in law to prevent such suspension, and
to prevent the board's paying teacher for that day.

Sec. 10801. Arbor day. The first Friday after the first Tuesday
in April of each year is hereby set apart as Arbor day for this state, and
all teachers, pupils and patrons are requested to observe the same in their
respective school districts by encouraging the planting of trees, shrub-
bery and flowers upon and around the school grounds of their districts,
that said grounds may be rendered pleasant and attractive a part of
said day to be devoted to literary exercises, having special reference to

30 Revised School Laws.

the work in hand, as the teacher or committee in charge may direct, and
the afternoon to be devoted to the improvement and ornamentation of
the school grounds. (E. S. 1899, 9782, re-enacted, L. 1909, p. 770.)

Arbor day properly observed will cultivate good taste and sentiment. The plant-
ing of trees, shrubs and flowers and giving them proper cultivation should be regarded
by teachers and pupils as a privilege. The school premises have a great educating
influence. The directors should see to it that the school grounds are fully supplied
with trees and grasses.

The shrubs and flowers and little experimental garden belong properly to the
teachers and pupils. Arbor day is a day for special culture by means of these
things. The trees, shrubs, grasses and flowers should be well kept all the year round.
The schoolhouse and grounds should constitute the culture center of each district.
They should be so kept as to exercise a wholesome influence on the children of the
district all the year round. Recollections of the library, the clean floors and furniture,
the well-kept lawn, the shade trees and flower beds, should be made green spots in
memory for all time to come. In fact, the schoolhouse and grounds and everything
connected therewith should be as inviting as the best home in the district.

Sec. 10802. Injuring school property failure of certain officers
to perform duty penalty. Every person who shall willfully injure or
destroy any building used as a schoolhouse, or for other educational pur-
poses, or any furniture, fixtures or apparatus thereto belonging, or who
shall deface, mar or disfigure any such building, furniture or fixtures,
by writing, painting, cutting or pasting thereon any likeness, figures,
words or devices, shall be fined in a sum double the amount of damage
done to any such building, furniture or apparatus, and shall be fined in
a sum not less than ten nor more than fifty dollars for each offense for
writing, painting, cutting or pasting on any such building, furniture or
fixtures any such words, figures, likeness or device, to be recovered by
civil proceedings in any court of competent jurisdiction, in the name and
to the use of the school district to which the property may belong ; and
the punishment provided in this section to be in addition to and not in
lieu of the punishment provided by the statute regulating crimes and
punishments for such offenses. Any district or county clerk, county
superintendent, county treasurer, school director or other officer, who
shall willfully neglect or refuse to perform any duty or duties pertaining
to his office under this chapter, shall be regarded as guilty of a misde-
meanor and subject to a fine of not more than one hundred dollars, to be
recovered in any court of law in this state having competent jurisdiction.
(B. S. 1899, 9783, amended, L. 1909, p. 770.)

This section imposes a penalty, (1) for injuring school property; (2) for failure to
perform official duty. Observe in each case the word "willful." "T.o sustain a charge
of misdemeanor in office, it must be confined to official conduct; that conduct must be
shown to have been willfully corrupt." 41 Mo. 210. The word willfully , as used in this
section, means intentionally, and knowingly.

For full information as to how to proceed in misdemeanor cases, before justices
of the peace, see article 4, chapter 37 of the Revised Statutes of 1909. Disturbances
of the school may be punished as prescribed in section 4713, Revised Statutes, 1909.

Sec. 10803. School moneys, how applied. All money arising from
taxation shall be paid out only for the purposes for which they were
levied and collected; but the income from state, county and township
funds shall be applied only to the payment of teachers' warrants, issued
by order of the board to legally qualified teachers for services rendered

Revised School Laws. 31

according to law. No county or township treasurer shall honor any war-
rant against any school district that is in excess of the income and rev-
enue of such school district for the school year beginning on the first day
of July and ending on the thirtieth day of June following ; nor shall any
portion of the funds mentioned in this section be applied in payment of
any teachers' warrant issued prior to the distribution of such funds in
accordance with section 10822, and no school warrant shall bear interest.
(R. S. 1899, 9790, re-enacted, L. 1909, p. 770.)

School taxes can only be applied to the purposes for which they were levied, and
if after a levy to build a schoolhouse the district is divided, the taxes thus levied
must be applied toward building the particular schoolhouse for which they were levied.
State ex rel. v. Thompson, 64 Mo. 26 ; Rice v. McClellan, 58 Mo. 116. See section 9364.
Judgment against a school district should specify nature of the claim upon which it
is founded, so that board will know out of what fund it should be paid, otherwise its
payment cannot be enforced by mandamus. State ex rel. v. Board, 97 A. 613.

Liability of county court for diversion of county school fund. 110 Mo. 67.

This section further emphasizes the distinctness of the three funds and provides,
"no county or township treasurer shall honor any warrant against any school dis-
trict that is in excess of the income and revenue of such school district for the school
year beginning on the 1st day of July and ending on the 30th day of June following."
Article 10, section 12 of the Constitution of Missouri, upon which the above quoted
provision is based, reads : "No school district shall be allowed to become indebted in
any manner or for any purpose to an amount exceeding, in any year, the income
and revenue provided for such year, without the assent of two-thirds of the voters
thereof voting at an election to be held for that purpose." These provisions oblige
the board to so manage the expenditures of the district as to make each year take
care of itself. No treasurer is permitted to cash a warrant in excess of the revenue
provided for the school year in which such warrant is issued. A warrant, however,
may be issued when there is no money in the proper fund to pay it, as taxes may be
collected before the end of the school year June 30 thus permitting this warrant to
be legally paid.

Sec. 10804. Teachers certificate before employment. No teacher
shall be employed in any school supported by the public funds, or any
part thereof, until he has received a certificate of qualification therefor,
signed by the county superintendent of the county, the state superintend-
ent, or a certificate or diploma issued by the state university or some
normal school of this state entitling him to teach in the public schools.
(R. S. 1899, 9796, amended, L. 1909, p. 770.)

Under this section the board may employ a person who holds a proper certificate
to teach, though such certificate will expire before the end of the term for which he is
hired. Hibbard v. Smith, 135 A. 721. Teacher's contract is not invalid, though he
have no certificate when contract is signed, provided he procure such certificate by
the time fixed for school to open. Crabb v. District, 93 Mo. 254.

See cases cited under sections 10787 and 10788.

This section prohibits the employment of a teacher not holding a certificate.
This includes substitute teachers. Whenever a substitute teacher teaches for even
a day or a week, he must have a certificate.

Employment in this section means the act of teaching. A teacher's services may be
engaged before he gets a certificate, but he must secure a certificate before his employ-
ment begins.

Sec. 10805. Teachers and directors guilty of misdemeanor, when.

Any teacher who shall enter a public school in this state to teach, govern
or discipline the same before complying with the provisions of sections
10787 and 10804 shall forfeit all right, title and claim to any compensa-

32 Revised School Laws.

tion therefor, and shall be deemed guilty of a misdemeanor and punished
by a fine not to exceed one hundred dollars ; and any director who shall
indorse or encourage said teacher in such unlawful conduct shall in like
manner be deemed guilty of a misdemeanor and punishable by a like fine.
(B. S. 1899, 9797, amended, L. 1909, p. 770.)

Sec. 10806. Instruction in physiology and hygiene. Physiology
and hygiene, including their several branches, with special instruction as
to tuberculosis, its nature, causes and prevention, and the effect of alco-
holic drinks, narcotics and stimulants on the human system, shall con-
stitute a part of the course of instruction, and be taught in all schools
supported wholly or in part by public money or under state control.
(R. S. 1899, 9799, amended, L. 1909, p. 770.)

Sec. 10807. Begister of attendance. It shall be the duty of every
teacher employed in any of the public schools of the state to keep a
daily register, in which the names, ages and date of entrance of the pupils
shall be entered, and the studies pursued by the same ; the date of each
visitation by the directors or other school officers, which register shall be
open to the inspection of the public at all times. (R. S. 1899, 9800, re-
enacted, L. 1909, p. 770.)

Teachers' register kept under this section is evidence of the age of pupil whose
name appears therein. Levels v. Ry., 196 Mo. 606.

Sec. 10808. County school funds. It is hereby made the duty O-L
the several county courts of this state to diligently collect, preserve and
securely invest, at the highest rate of interest that can be obtained, not
exceeding eight nor less than four per cent, per annum, on unincumbered
real estate security, worth at all times at least double the sum loaned, and
may, in its discretion, require personal security in addition thereto, the
proceeds of all moneys, stocks, bonds and other property belonging to
the county school fund ; also, the net proceeds from the sale of estrays ;
also, the clear proceeds of all penalties and forfeitures, and of all fines
collected in the several counties for any breach of the penal or military
laws of this state, and all moneys which shall be paid by persons, as an
equivalent for exemption from military duty, shall belong to and be se-
curely invested and sacredly preserved in the several counties as a county
public school fund, the income of which fund shall be collected annually,
and faithfully appropriated for establishing and maintaining free public
schools in the several counties of this state. (R. S. 1899, 9824, amend-
ed, L. 1909, p. 770.)

A party who signed a school fund bond as additional security and looked after
payment of interest thereon for six years, cannot escape liability by proving that the
only authority for demanding such bond was an order made nunc pro tune by county
court after such bond was signed. The county court cannot release a surety nor dele-
gate its power to make loans of school funds. Montgomery Co. v. Auchly, 103 Mo. 493.
An attorney's fee and expenses incurred in protecting school funds should be paid out
of the school fund protected. Morrow v. Pike Co., 189 Mo. 610. A second mortgage
on real estate should not be taken, but when taken is a valid lien. Sharp v. Collins,
74 Mo. 266.

Failure of county court to take mortgage in fee on unincumbered real estate
does not release surety on note. 15 Mo. 604.

Powers of county court, sureties on school fund, bonds, etc., discussed. 103 Mo.

Revised School- Laws. 33

492. The judges of the county court will be held accountable for any diversion of the
school funds. 110 Mo. 67.

Sec. 10809. School fund not to be loaned to certain persons
penalty. The county court shall not loan any money belonging to the
school fund to any officer of the county or his deputy, nor shall such
officer or his deputy be accepted as security on the obligation given by
the person borrowing. Any officer of the county who shall violate the
provisions of this section by authorizing any such loan or drawing any
warrant for moneys loaned in violation of this section shall be held re-
sponsible for the sum so loaned, with interest thereon, to be recovered in
the name of the county to the use of the district whose fund has been so
used. (R. S. 1899, 9825, re-enacted, L. 1909, p. 770.)

Sec. 10810. County court to have jurisdiction of county school
fund, Whenever any county in this state may have, separate and
apart from the township funds, any public school fund arising from any
source whatever, the same shall be under the jurisdiction of the county
court of said county, who shall be governed in its care and investment by
the same rules and regulations as govern its actions in the township
funds the proceeds of said funds to be collected annually and dis-
tributed as provided in section 10822. (R. S. 1899, 9826, re-enacted,

^9, p. 770.)

Sec. 10811. Collection of fines and penalties and other school
moneys. The county treasurer shall collect, or cause to be collected,
all school moneys mentioned in section 10808, and all other moneys for
school purposes in his county, and shall give the party paying duplicate
receipts therefor, and said party shall file one of said receipts with the
county clerk, who shall file the same and charge the same to the county
treasurer ; said clerk shall thereupon credit the bond and mortgage with
the amount of said receipt, and when the amount of said receipts is in
full of all interest and principal of said bond and mortgage, then the
clerk shall satisfy said mortgage of record. Any person violating the
provisions of this section shall be deemed guilty of a misdemeanor and
punished by a fine not to exceed five hundred dollars. (R. S. 1899,
9827, re-enacted, L. 1909, p. 770.)

County clerk has no authority to collect school funds, and a payment to him
does not release mortgage. County v. Goggin, 105 Mo. 182.

Sec. 10812. Township school fund, source of. The proceeds of
the sixteenth section, or other lands selected in lieu thereof, the interest
of such proceeds, the rents and profits of such lands, and all the public
school moneys which shall be apportioned to any unorganized township,
arising from dividends, proceeds and profits of the public school fund,
shall constitute a township school fund. (R. S. 1899, 9828, re-enacted,
L. 1909, p. 770.)

In action by state to recover land, production of survey not necessary where an-
swer sufficiently admits land claimed has been sufficiently designated. 19 Mo. 607.
When state and Inhabitants estopped from afterwards claiming land. 18 Mo. 313. Title
of State of Missouri to sixteenth section granted by act of Congress, March 6, 1820, for
school purposes, Is not impaired or destroyed by previous location of a New Madrid
certificate upon these sections. 13 Mo. 139.

34 Revised School Laius.

Sec, 10813, Management of school funds, The county courts, re-
spectively, shall have the care and management of the school funds of the
several townships within their respective jurisdictions, and shall cause
accounts thereof to be stated and kept so as to exhibit the funds of each
township separately, and the disposition thereof. (R. S. 1899, 9829,
re-enacted, L. 1909, p. 770.)

The county court, in its management of township school funds, acts for benefit of
the several townships who hold the equitable title to such funds. County courts should
obtain additional security or foreclose mortgages whenever the security from any cause
becomes unsafe. Ray Co. v. Bentley, 49 Mo. 236; State ex rel. v. Bonner, 5 A. 13.
Since the case of Ray Co. v. Bentley (49 Mo. 236) was decided, section 10821 has been
enacted, authorizing counties to purchase lands sold under school mortgage. (Acts
1874, p. 161.)

Sale of land, mortgaged for school funds, loaned, made by sheriff, without proper
order from county court, is a nullity. 53 Mo. 147.

Sec. 10814. Transfer of funds when county lines are changed.

Whenever, by the establishment of a new county or change of county
lines, any township shall fall within the jurisdiction of a different county,
the court having charge of the public school fund of said township shall
cause an account thereof to be stated, and the funds, together with all
mortgages, bonds and other securities belonging to the said fund, shall
be transferred to the court of the county thus acquiring jurisdiction over
such township. (R. S. 1899, 9830, amended, L. 1909, p. 770.)

Sec. 10815. Capital of township fund, how invested. Whenever
there shall be in the county treasury any money belonging to the capital
of the school fund of any township therein, the county court of such
county shall loan the same for the highest interest that can be obtained,
not exceeding eight nor less than four per cent, per annum, upon condi-
tions and subject to the restrictions hereinafter set forth. (R. S. 1899,
9831, re-enacted, L. 1909, p. 770.)

A county court having loaned school funds has no right, upon application of the
inhabitants of the township, to reduce the rate of interest. The county courts are
trustees for these funds, and cannot dispose of principal or interest otherwise than
the law prescribes. And if by Border they reduce the rate of interest on the loan, they
may be compelled by mandamus to collect the full amount originally contracted for.
15 Mo. 412 ; 103 Mo. 492.

Sec. 10816. Security for loans. When any moneys belonging to
said funds shall be loaned by the county courts, they shall cause the
same to be secured by a mortgage in fee on real estate within the county,
free from all liens and incumbrances, of the value of double the amount
of the loan, with a bond, and may, if they deem it necessary, also require
personal security on such bond; and'no loan shall be made to any person
other than an inhabitant of the same county, nor shall any person be ac-
cepted as security who is' not at the time a resident householder therein,
who does not own and is not assessed on property in an amount equal to
that loaned, in addition to all the debts for which he is liable and proper-
ty exempt from execution. In all cases of loan, the bond shall be to the
county, for the use of the township to which the funds belong, and shall
specify the time when the principal is payable, rate of interest and the
time when payable ; that in default of payment of the interest, annually,
or failure by principal in the bond to give additional security when

Revised School Laws. 35

thereto lawfully required, both the principal and interest shall become
due and payable forthwith, and that all interest not punctually paid shall
bear interest at the same rate of interest as the principal. But before
any loan shall be effected, the borrower shall file with the county court
an abstract of title at the time he files his bond and mortgage to the real
estate which is to be mortgaged. (R. S. 1899, 9832, amended, L. 1909,
p. 770.)

The county is the proper party to maintain suit for township funds loaned.
Lafayette Co. v. Hixon, 69 Mo. 581; State ex rel. v. Sappington, 68 Mo. 454. County
court has right to release mortgage on one tract and accept mortgage on other lands to
secure the debt when this can be done without detriment or risk to the school fund,
and sureties on personal bond cannot complain unless they are injured. Lafayette
Co. v. Hixon, 69 Mo. 581. A chattel mortgage given to county as additional security
without any demand having been made for such additional security is void as to unse-
cured creditors of mortgagor. Paddock et al. vs. McDonald, 61 A. 559.

County court has power to release mortgage taken as security for school funds
upon receiving in its place mortgage upon other lands. 74 Mo. 266; 103 Mo. 492; 108
Mo. 294. Mortgage given to county to secure loan of school money is not void because
it is a school mortgage. This statute is directory. 74 Mo. 266.

Sec. 10817. Form of mortgage notice of sale fees, how paid.
Every mortgage taken under the provisions of this chapter shall be
in the ordinary form of a conveyance in fee, shall recite the bond, and
shall contain a condition that if default shall be made in payment of
principal or interest, or any part thereof, at the time when they shall
severally become due and payable, according to the tenor and effect of
the bond recited, the sheriff of the county may, upon giving twenty
days' notice of the time and place of sale, by publication in some news-
paper published in the county, if there be one published, and if not, by
at least six written or printed handbills, put up in different public places
in the county, without suit on the mortgage, proceed and sell the mort-
gaged premises, or any part thereof, to satisfy the principal and interest,
and make an absolute conveyance thereof, in fee, to the purchaser,
which shall be as effectual to all intents and purposes as if such sale and
conveyance were made by virtue of a judgment of a court of competent
jurisdiction foreclosing the mortgage. In all cases of loan of school
funds in the various counties, the expense of drawing' and preparing se-
curities therefor, and of acknowledging and recording mortgages, in-
cluding the fees of all officers for the filing, certifying or recording such
mortgages and other securities, shall be paid by the borrowers respect-
ively. (R. S. 1899, 9833, re-enacted, L. 1909, p. 770.)

The provisions of this section in regard to form of mortgage are directory, and
immaterial departures from its requirements will be disregarded. A common law
mortgage given for school funds creates a valid lien. Mann v. Best, 62 Mo. 491 ; Grant
v. Huston, 105 Mo. 97; Snyder v. Ry., 131 Mo. 568. A school mortgage made in pur-
suance of this section cannot be foreclosed by sheriff until the county court has made
and delivered to him its order commanding such foreclosure, as provided in section
10S19. Benton Co. v. Morgan, 163 Mo. 661, 676.

Sale under foreclosure of school fund mortgage held a sale for cash, as required
by its terms. 131 Mo. 568; 115 Mo. 524. Where mortgage is taken for loan of school
fund, statute must be in all respects complied with. 62 Mo. 491.

Sec. 10818. County court may require additional security. The

county court shall have pow r er, from time to time, to require additional

36 Revised School Laws.

security to bo given on said bond when they, in their judgment, deem
it necessary for the better preservation of the fund. If such additional
security be not given within ten days after an order to that effect shall
be made and served on the principal in the bond, and in all cases of de-
fault in the payment of interest, the court shall proceed to enforce pay-
ment of both principal and interest by writ, or in a summary manner, as
provided in this chapter. (R. S. 1899, 9834, re-enacted, L. 1909,
p. 770.)

County court may require additional security. 103 Mo. 492.

Sec. 10819. County court may make order of sale, when. When-
ever the principal and interest, or any part thereof, secured by mort-
gage containing a power to sell, shall become due and payable, the county
court may make an order to the sheriff, reciting the debt and interest to
be received, and commanding him to levy the same, with costs, upon the
property conveyed by said mortgage, which shall be described as in the
mortgage; and a copy of such order, duly certified, being delivered to
the sheriff, shall have the effect of a fieri facias on a judgment of fore-
closure by the circuit court, and shall be proceeded with accordingly.
(R. S. 1899, 9835, re-enacted, L. 1909, p. 770.)

County court has power under the Constitution to order the foreclosure of school
mortgages, as provided in this section, but if the sheriff sell before receiving certified
copy of the order of the court, the sale is void. Benton Co. v. Morgan, 163 Mo. 661.
An error in sheriff's notice of sale, if not known to purchaser, does not affect validity
of sale. Mitchell v. County, 80 Mo. 257. When county's agent was misled by sheriff
and purchaser, sale may be set aside for gross inadequacy of consideration. Cole Co.
v. Madden, 91 Mo. 585. When sale under school mortgage is invalid because the order
of sale did not properly recite the debt, the purchaser becomes subr'ogated to the
rights of mortgagor. Honaker v. Shough, 55 Mo. 472. Suoh purchaser cannot collect
from mortgagor unpaid balance of the mortgage; such balance not covered by pur-
chaser's bid belongs to county. Wells v. County, 80 Mo. 424. For selling under school
mortgage, sheriff is entitled to same fee as for sales under executions. Jackson Co. v.
Stone, 168 Mo. 577.

Where order of county court, foreclosing mortgage given to county to secure
school debt, did not truly recite debt so as to sufficiently identify mortgage, held that
sale thereunder did not transfer title. 53 Mo. 147. Money expended by county court
in suits to stay waste and protect security of school mortgages, held payable out of
fund protected. 58 Mo. 276; 64 Mo. 179. Statute relating to securities does not apply
to bonds given county for school money. 50 Mo. 225. When sale under this section
will be set aside on account of conduct of sheriff and agent of county. 80 Mo. 424 ;
91 Mo. 585; 115 Mo. 524.

Sec. 10820. Receipts for principal or interest of loan paid. When
any portion of principal or interest, or both, may be collected, as pro-
vided in any of the foregoing sections, it shall be paid into the county
treasury ; and it shall be the duty of the treasurer to give the person mak-
ing payment thereof duplicate receipts, specifying the sums paid and on
what account. One of said receipts shall be given to the clerk of the
county court, who shall file and preserve the same in his office, charge
the treasurer with the amount, and credit the payment to the party on
whose account it is made on his bond and mortgage. (R. S. 1899, 9836,
re-enacted, L. 1909, p. 770.)

County clerk has no authority to collect school money and release mortgage.
Knox Co. v. Groggin, 105 Mo. 182.

Revised School Laws. 37

Endorsement by county clerk of payments of interest upon bond given for loan
of school moneys is competent evidence of such payments. 35 Mo. 395.

Sec. 10821. Authority to repossess property by purchase. When-
ever any property heretofore or hereafter conveyed in trust or mortgaged
to secure the payment of a loan of school funds shall be ordered to be sold
under the provisions of this chapter, or by virtue of any power in such
conveyance in trust or mortgage contained, the county court having the
care and management of the school fund or funds out of which such loan
was made may, in its discretion, for the protection of the interest of the
schools, become, through its agent thereto duly authorized, a bidder, on
behalf of its county, at the sale of such property as aforesaid, and may
purchase, take, hold and manage for said county, to the use of the town-
ship out of the school fund of which such loan was made, or in its own
name where such loan has been made out of the general school funds, the
property it may acquire at such sale aforesaid. The county court of any
county holding property acquired as aforesaid may appoint an agent to
take charge of, rent out or lease or otherwise manage the same, under
the direction of said court ; but as soon as practicable, and in the judg-
ment of said court advantageous to the school or schools interested there-
in, such property shall be resold in such manner and on such terms, at
public or private sale, as said court may deem best for the interest of
said school or schools; and the money realized on such sale, after the
payment of the necessary expenses thereof, shall become part of the
school fund out of which the original loan was made. (R. S. 1899, 9837,
re-enacted, L. 1909, p. 770.)

County can maintain ejectment for possession of lands purchased under this sec-
tion. Lincoln Co. v. Magruder, 3 A. 314. When one has purchased swamp lands and
given his mortgage to secure the purchase price, but the deed from, county is not made
until after the mortgage is executed, such deed does not release the mortgage. Williams
v. Brownlee, 101 Mo. 309.

Sale of land under this section, how set aside. 91 Mo. 585. Recital in deed from
county that county had appointed commissioner to convey land; and that granttee
therein had become the purchaser and paid price in full with interest, does not tend
to show private sale. 101 Mo. 309.

Where defendants allege that the county court had an agent present at the
sale who bid on the property, they will not be heard on appeal to deny the presence
of such agent, because of the failure of the county court to appoint by entry of
record. 91 Mo. 585.

Sec. 10822. Apportionment of public school fund. The state
superintendent of public schools shall, annually, before August 15th, ap-
portion the public school fund applied for the benefit of the public schools
among the different counties. This apportionment shall be made as fol-
lows: The state superintendent shall apportion, among the various
counties, fifty dollars for each teacher, each principal, and each super-
visor actually employed for the entire term : Provided, that any teacher
employed for less than one-half of the day shall not be counted; any
teacher employed for less than one-half of the term for which school is
maintained in the district shall not be counted; for each teacher em-
ployed for more than one-half of the school term of the district and less
than nine-tenths of the school term, he shall apportion only twenty-five
dollars : Provided, also, that he shall apportion only twenty-five dollars

38 Revised School Laws.

for the teacher of any district in which the average attendance during
the year preceding the apportionment has been less than fifteen pupils
per day : Provided further, that he shall apportion one hundred dollars
for each teacher whose salary is one thousand dollars or more per year :
Provided, that he shall apportion fifty dollars for each teacher of any
district that employs only two teachers, one of whom is colored and one
white: Provided, that no teacher, principal, or supervisor, who is not
paid by the school board from the public funds of the district shall be
counted. After these teacher apportionments have been deducted the
remainder of the state school fund to be apportioned shall be divided by
the total number of days' attendance of all the pupils of the public
schools of the state and the quotient thus obtained shall be called a pupil
daily apportionment. The amount apportioned to each district shall be
determined by multiplying this pupil daily apportionment by the total
number of days' attendance of all pupils of each district: Provided,
that the days' attendance on legal holidays and on days when the school
is dismissed by order of the board to permit teachers to attend teachers'
meetings shall be determined by counting as present each pupil who was
present on the last day the school was in session before such intermis-
sion. The clerk of each school district shall make a report to the county
clerk between June 15th and June 30th of each year, showing the num-
ber of teachers employed, the total number of days' attendance of all
pupils, the length of the school term, the average attendance, the number
of days taught by each teacher, the salary of each teacher, and any
other information that the state superintendent may require. The afore-
said report shall be sworn to before a notary public or the county clerk.
The county clerk shall make a summary of all these reports and forward
to the state superintendent of public schools, on or before July 15th, a
report showing the total number of teachers employed in the county and
the total number of days' attendance of all pupils in the county, the
number of teachers employed for the full term, and the number for half
terms, and the number whose salary is one thousand dollars or more per
year, and such other information as the state superintendent may re-
quire. Any district clerk, county clerk, or teacher, who shall knowingly
furnish any false information in such reports, or neglect or refuse to
make aforesaid report shall be deemed guilty of a misdemeanor and pun-
isable by a fine not exceeding five hundred dollars or. imprisonment in the
county jail for a term not exceeding six months or by both such fine and
imprisonment. The state superintendent of public schools shall certify
the amount so apportioned to the state auditor, also to the county clerk
of each county, stating from what source the same is derived, which said
sum the several county treasurers shall retain in their respective county
treasuries from the state fund ; the county clerks shall annually before
September first, according to the same provisions hereinbefore stated,
for determining the apportionment of the state school fund by the state
superintendent of public schools proceed to apportion the state school
fund for their respective counties ; and no district, city, or town which
shall have failed to make this report to the county clerk hereinbefore
required, shall be entitled to receive any portion of the public school

Revised School Laws. 39

funds; and in making such distribution, each county clerk shall appor-
tion all moneys collected on tax duplicate of any district, for the use of
schools to such district, all moneys received from the state treasurer, and
all moneys on account of interest of the funds accruing from the sale of
section sixteen, or other lands in lieu thereof to the district schools in
the congressional townships, and parts of congressional townships to
which said land belonged, and all other moneys for the use of schools in
the county, and not otherwise apportioned by law, to the proper district :
Provided, that all school moneys for the use of schools in any townships
or parts of townships and all moneys for the use of schools in any county
shall be apportioned upon the last enumeration on file in the office of the
county clerk, except the state school funds, which shall be apportioned
as hereinbefore provided; and he shall immediately after making such
apportionment enter the same in a book to be kept for that purpose,
and shall furnish the district clerks, and those of cities and villages,
as the case may be, each a copy of said apportionment, and order the
county treasurer to place such amount to the credit of the district,
city, or town entitled to receive the same : Provided, that no school dis-
trict which fails to levy a tax of forty cents on the one hundred dollars'
assessed valuation, unless the assessment of a less amount, together
with the moneys received from the public funds, shall amount to three
hundred and fifty dollars for school purposes, shall receive any part
of the public school moneys for the ensuing school year, and the county
clerk shall omit such districts in the apportionment of the public
moneys: Provided further, that no district, city or town that shall
have failed to afford the children thereof the privileges of a free school
for at least eight months during the year ending the 30th day of June
previous to the said distribution, provided a tax of forty cents on the
one hundred dollars' assessed valuation, together with the public funds,
will maintain the same, shall be entitled to any portion of the public
school fund for that year. This act shall take effect and be in force on
and after the first day of September, 1911. (Session Acts 1911.)

Note that a district that does not levy a tax of forty cents on the one hundred
dollars is not entitled to any part of the public funds unless a smaller J vy with the
public funds will produce $350. The cash on hand is not to be counted as a part of
the $350.

Sec. 10823. Correction of error in apportionment distribution of
funds. The state superintendent of public schools is hereby author-
ized to correct any error made in the apportionment of the public school
funds among the various counties of this state out of the public school
fund of the year next following the date when such mistake was made,
and the amount set apart to any county for the purpose of correcting an
error shall be by him certified to the state auditor and to the county
clerk, and the state auditor shall draw a warrant on the state treasurer
for the amount so certified in favor of the treasurer of said county, and
the county clerk shall apportion said funds to the various districts in said
county as the funds of the year in which said error occurred, and the
county treasurer may pay outstanding warrants for teachers' wages is-
sued during the school year in which said error occurred, not to exceed
the correction made. (B, S. 1899, 9841, amended, L. 1909, p. 770.)

40 Revised School Laws.

Sec. 10824. Distribution of funds when township lies in two coun-
ties. Whenever any congressional township shall lie in two or more
counties, the township school fund of such township shall be divided
among the aforesaid counties in proportion to the amount of territory
in the fractional township included in each county, as follows: The
county court of the county in which section sixteen is located shall,
upon a requisition of the county clerk of any county containing a
fractional part of such township, issue an order transferring the
amount due such county under this section into the care, keeping and
custody of the county court thereof; and said fund shall be loaned,
and the income derived therefrom shall be apportioned, annually, to
such fractional township as though it were an entire township; and
the township funds of all entire townships and all fractional town-
ships included within the limits of any county in this state shall be
handled and controlled by the proper officers of such county, as set forth
in this chapter. The provisions of this section shall not apply to any con-
gressional township intersected by the Missouri river. (R. S. 1899,
9843, re-enacted, L. 1909., p. 770.)

Sec. 10825. Duties of county clerk assessment of estimates. On
receipt of the estimates of the various districts, the county clerk shall pro-
ceed to assess the amount so returned on all taxable property, real and
personal, in said district, as shown by the last annual assessment for
state and county purposes, including all statements of merchants in each
district of the amount of goods, wares and merchandise owned by them
and taxable for state and county purposes: Provided, that the levy
thus extended shall not exceed in any one year as follows : For building
purposes, one per centum in town school districts, and not more than
sixty-five cents on the one hundred dollars in other districts ; for school
purposes, one per centum in town school districts, and not more than
sixty-five cents on the one hundred dollars in other districts ; for sinking
fund, forty cents on the one hundred dollars' valuation, and a sufficient
amount to pay interest on bonded indebtedness ; all of which shall be ex-
tended by the county clerk upon the general tax books of the county for
said year in separate columns arranged for that purpose ; and the county
clerks shall list the names of all persons owning any personal property
who do not reside in any school district, and the value thereof ; also, list
all lands and town lots in any territory not organized into a school dis-
trict, and shall levy a tax of forty cents on the one hundred dollars'
valuation on all such taxable property, said taxes to be collected as other
taxes and distributed as provided in section 10822, and it shall be the
duty of the county assessor in listing property to take the number of the
school district in which said taxpayer resides at the time of making his
list, to be by him marked on said list, and also on the personal assessment
book, in columns provided for that purpose. (R. S. 1899, 9844, re-en-
acted, L. 1909, p. 770.)

County clerk may "assess" (levy and extend) taxes against property, but he can-
not assess property omitted by assessor. School Dist. v. Wickersham, 34 A. 337. When
new district is formed, clerk should not levy taxes for old district on property of such
new district, even though new district has failed to adopt a plat thereof. State ex rel.
v. Burford, 82 A. 343. When county clerk assessed personal property for school pur-

School Laws. 41

poses in district where owner of such property does not reside, the collector cannot
change the tax book nor correct the error. State ex rel. v. Brown, 172 Mo. 374. Such
tax is illegal and cannot be collected. State ex rel. v. Shepard, 218 Mo. 656. When
single man has farm in one district and temporarily lodges in another, his home is
where his farm is located. Same case, 218 Mo. 656. The clerk cannot levy or extend
school taxes on roadbed, rolling stock and movable property of railroad until such tax
has been levied by county court, as provided in section 9364. State ex rel. v. Ry., 135
Mo. 618.

County courts have no power to alter the assessment of taxes to build school
houses merely on the alleged ground that the schoolhouse was unnecessary ; the de-
cision of that question is left to the local directors, and that tribunal has no control
over the county clerk in respect to the assessment and extension of school taxes. 52
Mo. 218; 67 Mo. 706.

A school estimate stating rate of levy, but omitting amounts of the several funds,
is not illegal on that account. 126 Mo. 472.

The court will not compel a county clerk by mandamus to extend school taxes on
property not lawfully subject thereto. 120 Mo. 67.

Sec. 10826. Compensation of county clerk for labor on tax books.

The county clerk shall receive as full compensation therefor ten cents
for every hundred figures in school tax column on general tax book,
to be paid by the county treasurer upon warrant issued by the county
court. (R. S. 1899, 9845, re-enacted, L. 1909, p. 770.)

Sec. 10827. Report of county clerk to state superintendent. The
clerk of each and every county court shall, on or before the thirty-first
first day of July, annually, make out and transmit to the state superin-
tendent of public schools, at Jefferson City, an abstract of all the returns
of school districts, cities or towns in his county made to him according to
the form that may be prescribed by the state superintendent; also, the
amount of income of the school funds of said county, and amount realized
from taxes collected therein. (R. S. 1899, 9846, re-enacted, L. 1909,
p. 770.)

The state superintendent is required to apportion the state school moneys In July;
therefore, the enumeration should be forwarded not later than July 15th.

Sec. 10828. Collector's receipts and compensation. It shall be the
duty of the county clerk to take a receipt from the county collector for
the school taxes by him placed on the general tax books ; and the collector
shall proceed to collect the same in like manner as the state and county
taxes are or may be collected, and he shall receive, as full compensation
for his services on the amount collected and paid over by him, the same
per cent, as is allowed by law to collectors for collecting other taxes ; and
he shall pay over monthly, to the county treasurer, all such taxes col-
lected and take his receipt therefor. (R. S. 1899', 9847, re-enacted, L.
1909, p. 770.)

Sec. 10829. Collections of delinquent taxes. The collector shall,
at the time of returning the land delinquent list for state and county
taxes, return therewith all land school taxes herein provided for which
shall remain unpaid, and when so returnedj the same shall be a lien on
such real estate, and be collected in the same manner that other delin-
quent taxes on land are collected; and when so collected, shall be paid
over to the county treasurer as other school taxes. (R. S. 1899, 9848,
re-enacted. L. 1909, p. 770.)

Sec. 10830. County treasurers and their duties. The county

42 Revised School Laws.

treasurer in each county shall be the custodian of all moneys for school
purposes belonging to the different districts, until paid out on warrants
duly issued by order of the board of directors or to the treasurer of
some town, city or consolidated school district as authorized by this
chapter, except in counties having adopted the township organization
law, in which counties the township trustee shall be the custodian of all
school moneys belonging to the township, and be subject to correspond-
ing duties as the county treasurer ; and said treasurer shall pay all orders
heretofore legally drawn on township clerks, and not paid by such town-
ship clerks, out of the proper funds belonging to the various districts ;
and on his election, before entering upon the duties of his office, he shall
give a separate bond, with sufficient security, in double the probable
amount of school moneys that shall come into his hands, payable to the
state of Missouri, to be approved by the county court, conditioned for the
faithful disbursement, according to law, of all such moneys as shall from
time to time, come into his hands ; and on the forfeiture of such bond it
shall be the duty of the county clerk to collect the same for the use of the
schools in the various districts. If such county clerk shall neglect or re-
fuse to prosecute, then any freeholder may cause prosecution to be in-
stituted. It shall be the duty of the county court in no case to permit
the county treasurer to have in his possession, at any one time, an amount
of school moneys over one-half the amount of the security available in
the bond; and the county treasurer shall be allowed such compensation
for his services as the county court may deem advisable, not to exceed
one-half of one per cent, of all school moneys disbursed by him, and to be
paid out of the county treasury. (R. S. 1899, 9849, amended, L. 1909,
p. 770.)

A treasurer's bond under this section, which in general terms requires him to
faithfully disburse all funds which come into his hands, binds him to safely keep and
disburse all kinds of school moneys which he may receive, and he cannot receive credit
from a district for warrants paid in excess of the moneys received for such district.
State ex rel. v. Cook, 72 Mo. 496. But when bond only obligates him to receive and
disburse "school funds of county," this does not make his sureties liable for dis-
trict school funds received by him and paid out on a forged warrant. State ex rel. v.
Weeks, 92 Mo. 359. This section does not fix the compensation of treasurer at one-half
of one per cent. He is entitled only to that amount or such part thereof as the county
court may deem advisable, and he cannot recover for services in handling school
moneys unless the court has made an order fixing the amount he shall receive. Sander-
son v. County, 195 Mo. 598.

Sec. 10831. Settlement of county or township treasurer. The

county or township treasurer shall, semi-annually, settle his accounts with
the county court at its first and third regular terms in each year, being
the regular February and August terms of said court ; and at the end of
his term, or if he resign or be removed from office, he, or if he die, his
executor or administrator, shall, within twenty days, settle with the
county court, and if there be no term, or the court be not in session, the
presiding judge shall call a special term to make such settlement. The
said treasurer shall account for all school moneys or funds of any and all
kinds received by him, from whom and on what account, and the partic-
ular fund to which each of said funds were entered and charged, and the
amount paid out for school purposes to the various districts of the county,

Revised School Laws. 43

and for any and all other purposes. The county court shall examine the
vouchers, receipts, orders, and warrants upon which each of such pay-
ments were made, and if satisfied that said payments are just and cor-
rect, shall make an order attesting the same, which order shall be entered
of record and shall be prima facie a discharge of the liability of said
treasurer. The said treasurer shall, within five days after his final settle-
ment, or at the expiration of his term of office, turn over to his successor
in office all moneys, funds, records, papers, furniture and fixtures be-
longing to said office, and take his receipt therefor, and within five days
file a duplicate of said receipt with the clerk of the county court of said
county. The said county or township treasurer shall, on the 25th day of
March and the first Monday in October of each year, deliver or mail to
the clerk of each school district in the county or township an accurate
and detailed statement, showing the actual amount of cash on hand to
the credit of each of the district funds ; and the statement made in Octo-
ber, as herein provided, shall show the amount of cash on hand on the day
of the approval of the last settlement made by the said treasurer with the
county court, and shall be jointly made and signed by the said county
treasurer and clerk of the county court, and shall be a full exhibit, show-
ing the amount of public money, railroad taxes, and all other moneys on
hand or due the district by taxation, the levies made, the assessed valua-
tion of each of said districts for the year, and the balance on hand to the
credit of each district fund. (Session Acts 1911.)

Sec. 10832. Penalty for failure to make settlement. In case the
county or township treasurer shall fail to make such semi-annual settle-
ment with the county court within the time prescribed in the preceding
section, he shall, in addition to the sum remaining unaccounted for, for-
feit the sum of five hundred dollars, to be recovered in a civil action, in
the name of the state of Missouri, and when collected, to be applied to the
use of public schools in such county ; and it is hereby made the duty of
the county clerk to proceed forthwith, in case of such failure, by suit,
against such treasurer, before any proper tribunal, to recover the penalty
aforesaid ; but when it appears on trial, to the satisfaction of said court,
that said treasurer was prevented from making such settlement within
the time by sickness or unavoidable absence from home, it shall be the
duty of the court to direct a verdict for such treasurer on his paying the
costs. (R. S. 1899, 9851, amended, L. 1909, p. 770.)

Sec. 10833. Title of property. The title of all schoolhouse sites
and other school property shall be vested in the district in which the
same may be located ; and all property leased or rented for school pur-
poses shall be wholly under the control of the board of directors during
such time ; but no board shall lease or rent any building for school pur-
poses while the district schoolhouse is unoccupied, and no schoolhouse
or school site shall be abandoned or sold until another site and house are
provided for such school district. (R. S. 1899, 9852, amended, L,
1909, p. 770.)

Revised School Laws.

ARTICLE III.

LAWS APPLICABLE TO COMMON SCHOOLS.

SECTION

10834. Renumbering of school districts

corporate powers.

10835. Rights not affected by renumber-

ing succession to powers.

10836. Incorporation of unorganized

territory.

10837. Formation of new districts.

10838. Preceding section to apply to

what districts.

10839. Division of property when new

district created.

10840. Valuation of property to be di-

vided.

10841. Assessment of building fund.

10842. Division of districts lying in

two or more counties.

10843. First meeting of newly created

districts.

10844. Annual meeting.

10845. Powers of the annual meeting.

10846. Length of school required.

10847. Directors, qualifications of how

and by whom elected.

SECTION

10848. Oath of directors.

10849. Organization of board.

10850 Vacancy in board of directors,
how filled.

10851. Removal of district clerk.

10852. Joint high schools may be es-

tablished.

10853. Duties of district clerk.

10854. District clerk to procure record

books.

10855. District clerk to post notices.

10856. Payment of district indebtedness.

10857. Form of warrant to be paid

from proper fund.

10858. County court may invest sink-

ing fund, when and how.

10859. County treasurer to report.

10860. Records of district clerk.

10861. Teachers' monthly and term re-

ports.

10862. Loan of surplus district school

money.

10863. How loaned.

Sec. 10834. Renumbering of school districts corporate powers.

It shall be the duty of the county court of each county in this state, at
the February, 1910, term thereof, to renumber all the common school
districts in their respective counties, numbering them numerically in-
stead of by township and range, as they are now known and designated.
Such renumbering shall begin as near as may be at the northeast corner
of each county and run first west through the entire county and thence
east, and so on in the same general order that sections of land are num-
bered in congressional townships. Such renumbering shall be entered of
record by such county court and may be in the following form :

The common school districts of county are hereby renumbered and desig-
nated as follows : District of township , range , shall hereafter be

known as school district one ; and so on until all of the districts in the county have
been numbered.

Such county courts shall cause to be published once in one or more
newspapers of their respective counties during the month of February.
1910, a certified copy of the order so made changing the numbers of
school districts, and the county clerk shall prepare and mail to the clerk
of each of such school districts of his county a printed copy of such
order, for which he shall be allowed a fee of ten .cents for each clerk thus
notified, and the change of numbers so made by such court shall take
effect and be in force from and after the first day of March, 1910. Such
districts shall be bodies corporate under the numbers and designation
thus given them by the county courts, and shall by such numbers and

Rerisnl .SV//W Lairs. 45

designation be capable of suing and being sued ; of holding such real and
personal property as may at any time be either donated or purchased in
accordance with the laws of this state, or of which they may be rightfully
possessed at the time of the passage of this law, and shall also have the
power of selling such property as hereinafter provided. (R. S. 1899,
9739, amended, L. 1909, p. 770.)

In bringing suit for school district, its corporate existence need not be pleaded, as
courts take judicial notice of its power to sue. School Dist. v. Holmes, 53 A. 487.
A contract which does not correctly designate the district is invalid. Globe F. Co. v.
District, 51 A. 549. Certiorari is not an appropriate remedy to test the corporate
existence of a school district. School District v. Pace, 113 A. 134. Quo warranto is
the proper remedy by which the corporate existence of a school district may be at-
tacked. Black v. Early, 208 Mo. 281. In suits against school districts, the summons
should be served on president of the school board. Carr v. District, 42 A. 154. If a
taxpayer permits a school district irregularly organized to levy and collect taxes, and
carry on school for several years, he is estopped from denying the legality of its
organization, particularly in the collateral action of mandamus. State ex rel. v. Miller,
113 Mo. 665.

Sec. 10835. Rights not affected by renumbering succession to
powers. Each of the school districts, when so renumbered as provided
in the preceding section, shall succeed to and receive, by operation of
this statute, the full, legal and equitable title to all property of every de-
scription, and to all rights, powers, duties and obligations possessed by
their several predecessors, and the citizens living in such districts so re-
numbered shall have and retain all the rights and privileges of the
former districts ; and the directors, officers, teachers and other employes
of the several districts, as they now exist, or may exist on March 1st, 1910,
shall continue to hold office and perform their several duties under the
number and designation given their respective districts by the county
courts, and shall receive the same compensation for their services as if
no such change of name had taken place. Common school districts
created after the first day of March, 1910, shall receive a number by the
county courts of the counties in which they are situated, which number
shall be a continuation of the numbers given to the other districts, as
herein provided. After the common school districts of this state have
been renumbered in 1910, as above provided, they shall not be renum-
bered oftener than once in every ten years. (R. S. 1899, 9739, amend-
ed, L. 1909, p. 770.)

See cases cited under section 10834.

Sec. 10836. Incorporation of unorganized territory. Whenever
there shall be in this state any territory not organized into a common
school district, and containing within its limits twenty or more pupils of
school age, three or more taxpayers of such territory may call a meet-
ing of the qualified voters of such unorganized territory, or such part
thereof as they desire to organize into a school district, by first giving
fifteen days' notice of the time, place, purpose of the meeting and
boundary lines of the territory proposed to be organized. The qualified
voters, when assembled, may organize such territory into a school dis-
trict, a majority of the qualified voters residing in such territory pro-
posed to be organized into a school district voting therefor, who shall

46 Revised School Laws.

approve of a plat defining the boundaries thereof, and elect three di-
rectors, who shall serve until the next annual meeting, when one director
shall be elected to serve for one year, one director for two years and one
director for three years said directors to serve until their successors
are duly elected and qualified : Provided, that any territory not organ-
ized into a school district, and containing less than twenty pupils of
school age, may be attached to an adjoining district, upon petition by the
qualified voters of such unorganized territory, or such part thereof as may
wish to be attached to such adjoining district, directed to the board of di-
rectors of such adjoining district ; and it shall be the duty of such board,
on receipt of the petition, to meet forthwith and consider same, and if a
majority of the board are in favor thereof, such territory shall become
a part of such district. (R. S. 1899, 9740, re-enacted, L. 1909, p. 770.)

To organize new districts under this section, the notice must be signed by three
taxpayers residing in the territory to be organized, and posted fifteen days before
the meeting. Berryman v. Bethune, 89 Mo. 158. A district cannot legally detach
or vote out a part of its territory except on petition and notice as required by law, and
another district cannot attach territory until the same has been detached from the
district in which it was once legally included. State ex rel. v. Hill, 152 Mo. 235.

See, also, cases cited under section 10837.

Money apportioned prior to division of district does not follow new district. 90
Mo. 395. Posting of notices, condition precedent to the validity of such division. 54
A. 31; 94 Mo. 612.

The notice required by this section should be as explicit in its essential features
as that required under the provisions of section 10837, which is commented on in full.

This section confers the right to call the first meeting for forming unorganized
territory into a school district upon three taxpayers of the territory to be organized.
These qualifications are jurisdictional.

Sec. 10837. Formation of new districts. When it is deemed neces-
sary to form a new district, to be composed of two or more entire districts,
or parts of two or more districts, to divide one district to form two new
districts from the territory therein, to divide one district and attach the
territory thereof to adjoining districts, or to change the boundary lines
of two or more districts, it shall be the duty of the district clerk of each
district affected, upon the reception of a petition desiring such change,
and signed by ten qualified voters residing in any district affected there-
by, to post a notice of such desired change in at least five public places
in each district interested fifteen days prior to the time of the annual
meeting, or by notice for same length of time published in all the news-
papers of the district ; and the voters, when assembled, shall decide such
question by a majority vote of those who vote upon such proposition.
If the assent to such change be given by the annual meetings of the vari-
ous districts thus voting, or by the parts of the district to be divided, each
part voting separately, the district or districts shall be deemed formed or
the boundary thus changed from that date; but if one or more of the
districts affected vote in favor of such change and one or more of such
districts vote against such change, the matter may be referred to the
county superintendent of public schools; and upon such appeal being
filed with him, in writing, within five days after the annual meeting,
he shall appoint four disinterested men, resident taxpayers of the
county, who, together with himself, shall constitute a board of arbitra-

Revised School Laws. 47

tion, whose duty it shall be to consider the necessity for such proposed
change and render a decision thereon, which decision shall be final.
When there is an equal division, the county superintendent shall cast the
deciding vote. The superintendent shall, at the time of the appoint-
ment of these members of this board of arbitration, notify them to meet
him at some convenient place in the county within fifteen days after
annual school meeting, where the deliberations of the board shall take
place and its decision be rendered. But in making such change the de-
cision in all cases shall conform to the propositions contained in the
notices and voted upon at the annual meeting ; and the county superin-
tendent shall, on or before the last day of April, transmit the decision to
the clerks of the various districts interested, or to the clerk of the dis-
trict divided, and said clerk or clerks shall enter the same upon the
records of his or their respective district or districts; and the said board
of arbitration shall be allowed a fee of fifteen dollars, to be paid by the
district or districts taking the appeal at the time said appeal is made :
Provided, however, that no new district shall be created or boundary line
changed by which any district shall be formed containing within its
limits by actual count less than twenty persons of school age, or by which
any district shall be left containing within its limits by actual count less
than twenty persons of school age: Provided, however, the resident
voters upon any island in any of the navigable rivers of this state may
organize into a school district without being subject to the restrictions in
the preceding portion of this section. It is further provided that, in
changing the boundary line between the two established districts, one
district shall not encroach upon the other simply for the acquisition of
territory. At all elections to change boundaries, the votes of those par-
ties residing in the territory sought to be attached to or detached from
a district shall be separately cast and separately counted by the parties
or officers holding such election : Provided further, that if in any
school district or districts of the state a stream of running water shall
in any way interfere with the convenient access of school children to the
schoolhouse or houses of any such district or districts, then it shall be
lawful to create a new district, to be composed of two or more districts
or parts of two or more districts, or of one entire district and parts of
one or more districts, lying in whole or in part in two counties in the
manner hereinbefore set out; and in the event of an appeal being taken,
as herein provided, from the action of the school meetings on the pro-
posed formation of such district, such appeal shall be taken to the county
superintendents of the respective counties; and such superintendents
shall thereupon be empowered to jointly appoint a board of arbitration,
who shall thereupon act as hereinabove set out ; and in the event of a tie
vote, such superintendents shall select an additional member of such
board of arbitration, whose decision shall be final ; and such decision shall
be transmitted to the clerks of the districts affected thereby. (R. S. 1899,
9742, amended, L. 1909, p. 770.)

Petition for Change of Boundaries A petition, signed by ten qualified voters, must
be filed with district clerk before he can legally post notices of an election to change
boundaries. School DIst. v. Pace, 113 A. 134. When the proposed change affects two

48 Revised School Laws.

or more districts, the law does not require ten petitioners from each district, but such
petitioners may all reside in one district, or part of them may reside in one and re-
mainder in another, to be affected by the change, and separate copies of the petition
should be signed and delivered to clerk of each district to which the proposition is to
be submitted. State ex rel. v. Job, 205 Mo. 1. Propositions to change boundaries or
to organize a new district can only be submitted at annual meeting, and then only
upon petition and notice as required by this section. State ex rel. v. Hill, 152 Mo. 234.
If petition fails to recite the precise change of boundaries intended, the election based
thereon will be invalid. School District v. Dist., 94 Mo. 612. When boundaries are
described by section, township and range' line, so that voters readily understand the
full nature of change, the petition is sufficient. State ex rel. v. Gibson, 78 A. 170.

Notice of Election to Change Boundaries Unless the notices contain a description
of the property sought to be detached from a district so that the voters can understand
the question to be voted on, the election will be void. School District v. Smith, 90 A.
215 ; School District v. Id., 94 Mo. 612. If the petition contain a proper description of
the proposed change of boundaries and a copy of the petition be referred to in and
attached to each notice, this is sufficient. State ex rel. v. Eden, 54 A. 31; State ex rel.
v Job, 205 Mo. 1. After posting notice of election, the board cannot cancel or withdraw
same. State ex rel. v. Gill, 190 Mo. 79.

Appeal to Superintendent That part of this section which provides for the settle-
ment of boundary disputes by the superintendent and a board of arbitration appointed
by him is constitutional. State v. Andrae, 216 Mo. 617. Not necessary that the arbi-
trators or witnesses who appear before them should be sworn. State ex rel. v. Job,
205 Mo. 1. Not necessary for superintendent to keep a record of the proceedings of
such board, but law requires its decision to be reduced to writing. State v. Andrae, 216
Mo. 617. The decision of the board of arbitrators should recite that it met to consider
the appeal, and if it decide in favor of a change of boundaries, it should further recite
that it found the change necessary and adjudged that the change be made. A mere
decision that the board found in favor of the petitioners, without any recital that it
ever met or found a change necessary, renders its proceedings void. State ex rel. v.
Denny, 94 A. 559 ; State ex inf. v. Cummins, 114 Mo. 93. A valid election upon
sufficient petition and notice is necessary in each district to be affected by the proposed
change before such board has authority to consider such appeal. School District v.
Smith, 90 Mo. 215. The board has no jurisdiction to consider an appeal, unless one of
the districts affected has voted in favor of the change of boundaries and another
against such change, and prohibition will lie to prevent a consideration of such appeal.
School District v. Burns, 84 A. 654. The appeal must be taken in five days after the
election, and the certificate of superintendent appointing the arbitrators must recite
that they are taxpayers ; if it merely recites they are voters, the organization may be
quashed by certiorari. State ex rel. v. Wilson, 99 A. 675. The superintendent and
arbitrators can only decide the propositions which were submitted to the voters by
petition and notice at the annual meetings, and if they decree a change of boundaries
in a different manner than the plan voted upon, their acts are illegal, and mandamus
will lie to compel the county court to extend taxes according to the boundaries as they
existed before proposition was submitted. State ex rel. v. Riley, 85 Mo. 156; State ex
rel. v. Patton, 108 A. 26; School District v. District, 94 Mo. 612. When there is a
majority of all the votes cast in each district against the proposed change of bounda-
ries, no right of appeal exists. State ex rel. v. Stone, 152 Mo. 202. When the require-
ments of the law are fully complied with, the decision of the board of arbitrators is
final and cannot be set aside by any court. State ex rel. v. Gibson, 78 A. 170 ; State
ex rel. v. Burford, 82 A. 343. In the absence of proof to the contrary, it will be pre-
sumed that the appeal was taken within the five days allowed by law. State ex rel.
v. Andrae, 216 Mo. 617. As amended in 1909, this section does not authorize an appeal
by the voters who petitioned for the change of boundaries, unless one district has voted
in favor of such proposition. Quo warranto is the proper remedy to dissolve a district
which has not been legally organized. School District v. Pace, 113 A. 134; Black v.
Early, 208 Mo. 281.

General Provisions The consolidation of two or more entire districts into one
does not make it a town school district. School District v. Wallace, 75 A. 317. Three
districts may, by election, so change their boundaries as to entirely dissolve one dis-

Revised School Laws. 49

trict and add its territory to the others. Meyers v. District, 96' A. 48; State v. Hill,
152 Mo. 234. When a district is dissolved and its territory added to other districts,
such districts receiving part of such territory become liable for its entire debts, but
when one district has paid more than its proper share of such debts, it may recover
excess from other districts which also received part of the territory of the disorganized
district. Hughes v. District, 72 Mo. 643.

Directors must decide whether petitioners are qualified voters. 84 Mo. 90. Board
of arbitration cannot change boundary otherwise than as proposed in the election. 85
Mo. 156; 70 A. 238. Statute construed. 48 A. 560. New school districts may be
formed, how. 75 A. 317.

When it is desired to form a new district by division or consolidation, or to
change the boundary lines of two or more districts, the first step is the preparation
of a petition clearly setting forth the change desired, which petition must be signed
by at least ten qualified voters "residing in any district affected thereby." It is not
necessary that the voters all reside in the same district part may reside in each
district, but every signer must reside in some one of the districts affected by the
proposed change. As many petitions should be prepared (all alike) as there are dis-
tricts affected, and one petition be presented to the clerk of each district affected.
The law makes it the duty of the clerk, without any action of the board of directors,
upon receipt of the petition to post a notice in at least five public places in the district
of which he is clerk, fifteen days prior to the time of the annual meeting. A failure
to do this subjects the clerk to a fine not exceeding one hundred dollars. Sec. 10802.

The statutory notice prescribed by this section is mandatory and jurisdictional,
and a division of school districts made at an annual meeting not within the scope of
an antecedent notice given for the time, and at the places and in the manner fixed
by law, is void. The notices must necessarily be as comprehensive as the proposition
to be voted on, and must inform the voter what change it is proposed to make in
the boundaries of his district. Unless the notice is such as to give this information,
it is no notice at all. It is not sufficient that the voters be notified rhat at the annual
meeting they will be called upon to vote upon the question whether or not a new dis-
trict shall be formed, and a change made in the boundary lines of the old districts ;
they must be notified of the change proposed, of what territory the new district is
to be composed, of what change is to be made in the boundaries of the old ones.
The notice is sufficient if signed by the district clerk. 54 A. 31.

There are four different propositions : (a) To form a new district composed of
two or more entire districts; (b) to form a new district composed of parts of two or
more districts; (c) to change boundary lines; (d) to divide one district to form two
new districts. In the first three cases the districts vote 'as wholes. In the last case
each part votes on the proposition separately. If the proposition carries' in all the
districts and parts affected, the division takes place at once: If the proposition is car-
ried in one or more of the districts or parts affected, and is defeated in the others, the
matter may be appealed to the county superintendent. The appeal may be taken .by a
board of directors acting officially, or it may be taken by one or more of the petitioners
acting for all. The superintendent alone cannot consider an appeal. He must appoint
a board of arbitration consisting of four taxpayers who live in the county, but not
in any one of the districts affected by the proposed change. This board of arbitration
must meet at time and place fixed by the county superintendent within fifteen days
after the annual meeting (Wednesday of second week after annual meeting is last
day for such hearing). The superintendent is ex offlcio chairman of this board, but has
no vote except in case of a tie in the vote of the other four members. This board is
allowed a fee of fifteen dollars (three dollars each) for every case appealed, which
fee must be paid by the district or persons taking the appeal.

One board may be appointed to consider all appealed cases In the county In any
one year, and this board could be called to meet at county seat on second Monday
after annual meeting, thus giving themselves three days to consider all such cases.
The appeal must be filed, in writing, with the county superintendent, within five days
after the annual meeting. The first Monday after the annual meeting is the last day
upon which the appeal can be filed. 99 A. 559. If filed after that day, the action
of the superintendent thereon would be null and void.

SL 4

50 Revised School Laws.

The proposition voted on must specify the boundaries of the districts as sought
to be changed or established. The notices must also specify the changes proposed in
the school district boundaries, and are sufficient if signed by the district clerk. The
county superintendent cannot go beyond the proposition voted on and establish boun-
daries different from those specified in the proposition. 94 Mo. 612 ; 89 Mo. 23. When
a person by his laches cannot complain that a school district was never legally
organized. 90 Mo. 683. When the county superintendent has acted, whether with or
without jurisdiction, mandamus cannot be invoked for the purpose of reversing his
decision. 84 Mo. 90. Quo warranto will lie on behalf of the state to determine the
right of individuals to exercise the office of school directors. 84 Mo. 198. Sufficiency
of notice. 54 A. 31.

Board of arbitration has no jurisdiction to hear an appeal as to formation of a
new district unless the question of the proposed change in the district has first been
voted on at the annual meetings of all the districts involved. 84 A. 654.

Arbitrators or witnesses not required to be sworn. 187 Mo. 409.

The action of the board of arbitration in determining the formation of a new
school district is judicial, and may be restrained by prohibition. 84 A. 654; 64 A. 313.

FORM OF PETITION FOR CHANGE OF BOUNDARY.

To the district clerk:

We, the undersigned, qualified voters (ten or more) of district No. , county of

, State of Missouri, desire the following changes in district boundary lines :

and hereby petition you "to post a notice of such desired change in at least five public
places in each district interested, fifteen days prior to the time of the annual meeting."

(Signed by ten or more qualified voters residing in any territory affected by the
proposed change.)

Sec. 10838. Preceding section to apply to what districts. The
provisions of section 10837 shall apply to all districts of this state
organized under special charter, or under and by virtue of any special
law of the state of Missouri organizing or incorporating such school dis-
trict, excepting such school districts formed from territory composed of
land granted to any city, town or village by virtue of any act of congress
confirming to said city, town or village said grants of land, and excepting
school districts formed of or contained in cities and towns containing
one hundred thousand inhabitants or over. (R. S. 1899, 9743, re-
enacted, L. 1909, p. 770.)

Sec. 10839. Division of property when new district created.
Whenever a new school district is or shall hereafter be formed which
shall include within its limits territory upon which taxes have been col-
lected to erect or aid in the erection of a schoolhouse, or if there be an ac-
cumulation of cash or other property from taxes collected in the terri-
tory from which such new district has been or hereafter may be formed,
it shall be the duty of such districts, through their 'respective boards of
directors, at a joint meeting to be held at the schoolhouse of the old
district, to ascertain what are the rights and interest of such new dis-
trict in the property and cash on hand of the old district or districts
from which such new district was formed, and to agree upon a sum to
be paid to such new district therefor. The directors of either district
may call such meeting by giving the directors of the other district
fifteen days' notice in writing. The rights of the several districts
may be ascertained by computing the taxes which have been levied
and collected on the property in each district, and the value of such
schoolhouse or other school property at the time the new district is

Revised School Laics. 51

formed, but this method shall not exclude or prevent other methods
of ascertaining the true value of the interest of such newly formed
district in or to the property of the district or districts of which it
was formerly a part : Provided, that if the persons who have peti-
tioned for the organization of such new district shall have inserted in
their petition or notice of election an offer to waive all claims upon the
property or cash of the district or districts from which they sought to
be detached, then such newly formed district shall have no right to or
claim upon the money or property of the district or districts from which
it was detached. (R. S. 1899, 9744, amended, L. 1909, p. 770.)

If petitioners for a new school district offer to release all claims to property of
old districts out of which new one is to be formed, the proposition must be recited in
all the notices of election, otherwise the election will be void as to such proposition.
School District v. Neal, 74 A. 553. This section has no application to a change of
boundaries between two old districts. School District v. District, 94 Mo. 612. When
a tax is levied it must be collected and paid into treasury to the credit of the par-
ticular district for which it was levied, and any claim to such taxes by a district
thereafter organized must be settled under the provisions of section 10840. Rice v.
McClelland, 58 Mo. 116.

When a new district is formed, tax to erect a schoolhouse must be levied upon
the whole of the organized district. 80 Mo. 190. New district cannot maintain action
for money in the hands of county treasurer. 18 A. 266.

Sec. 10840. Valuation of property to be divided. If the boards
of directors of the several districts canncit agree upon a settlement as
provided in the foregoing section, then either district may appeal to the
county superintendent of public schools, who shall appoint four persons
as a board of arbitration, as provided by section 10837, to ascertain and
agree upon the amount, if anything, due from the old district or dis-
tricts to the new district, and upon the filing of their award with the
clerk of the old district or districts, such district or districts (as the case
may be) shall owe the new district the full amount or amounts of such
award. Whenever the amount of such indebtedness from the old dis-
trict or districts is ascertained by the boards of directors, or by the award
of arbitration or otherwise, the board of directors of such old district
or districts shall pay to the new district the amount or amounts found to
be due to it, and for the purpose of making such payment, the board of
directors of such old district or districts shall, if necessary, cause a
tax to be levied upon the property of their districts, and when the same
is collected and paid over it shall constitute a building fund for such
new district. (R. S. 1899, 9745, amended, L. 1909, p. 770.)

A vote of the qualified voters upon proposition to withdraw from that part of
the district lying outside of their own county was ineffectual to divide such district
when no vote was taken to unite an adjoining, or form a separate, district. 78 Mo. 80.

Sec. 10841. Assessment of building fund. The amount levied by
the new district for building purposes, where either or all of the parts of
which it is composed have received their proportion of the property
of the old district, shall be divided proportionately; and those amounts,
less the amounts thus received, shall be assessed and collected from the
property included in the limits of the respective portions. (R. S. 1899,
9746, re-enacted, L. 1909, p. 770.)

52 Revised School Laws.

This section has no application to a mere change of boundaries between two
sstablished districts. School District v. District, 94 Mo. 612.

The raising of a building fund, in case of a formation of the new district, has
no application where the boundary lines are changed. 94 Mo. 612.

Sec. 10842. Division of districts lying in two or more counties.

Whenever any school district in this state shall lie partly in two counties,
and a majority of the qualified voters in that portion of said district
lying in any one of such counties shall desire to divide such district by
county lines, they may hold an election for that purpose in that part
of the district where they reside by giving fifteen days' notice of the
time and place of holding such election by five handbills, signed by such
qualified voters, and posted up in five public places in such district. Such
election shall be held in the same manner as in newly created districts,
and if a majority of the votes cast at such election be in favor of dividing
such district on county lines, then such district shall be deemed so
divided, and the persons acting as chairman and secretary of such meet-
ing shall certify the result of such election to the clerks of the county
courts of both the counties in which said district was originally situated.
From and after the division of such district as herein mentioned each
part thereof shall be a separate school district with all the powers of
other districts, and may choose, directors as in newly formed districts,
and may continue as separate districts or be annexed by or to other dis-
tricts in the counties where they are severally situated in the manner now
provided by law, or by a petition of all the qualified voters of such new
district, and the consent of the board of directors of the district or dis-
tricts to which they desire to be attached, at a meeting of such directors,
held for that purpose. Each new district created by dividing a district
originally lying partly in two counties, which shall at the time of such
division have within its boundaries any school property or cash on hand,
received or paid for partly by taxes levied on property situated in that
part of the original district lying in another county, shall be required
to settle with and account to such district lying in such other county for
its just share of such school property, and cause to be paid to it the
amount found to be due, which amount may be ascertained and paid
under the provisions of sections 10839 and 10840. All taxes collected
for any district, which has been divided under the provisions of this
section, shall be paid to the successor or successors of such school dis-
trict lying in the county where such taxes may be collected. Hereafter
no new school district shall be formed of territory lying in two counties,
except where the portion of a district sought to be joined across the coun-
ty line is cut off from the district or districts in the same county by a
running stream, which can not easily be crossed by children attending
said school ; and provided, that districts or parts of districts lying in an-
other county but adjoining a district that contains a city, town or con-
solidated school district may become a part of said city, town or con-
solidated school district in the same manner as provided in section 10880.
In all school districts divided by county lines it shall be the duty of the
clerk of such school district to report to the clerk of each county in
which such district is in part located the number of persons of school

Revised School Laws. 53

age residing in that part of said school district lying within the respec-
tive counties, together with the amount of money necessary to maintain
the school, and such other funds as it is necessary to raise by taxation
in the same manner as is provided in districts not so divided. And it
shall be the duty of the county court and county clerk of each county
in which such district is located to apportion to said district such part
of the public school funds as the enumeration of such parts of said
district shows it to be entitled, and all moneys collected for school pur-
poses as taxes on property within such district shall be paid to said dis-
trict, the same as if it lay entirely within one county. (R. S. 1899,
9747, amended, L. 1909, p. 770.)

A town or city district lying partly in two counties cannot be divided under the
provisions of this section, as it applies only to common schools. State ex rel. v. Fry,
186 Mo. 198. It is not necessary that the new district created by dividing a district
lying partly in two counties should have the number of pupils and taxable property
required of other new districts. State ex rel. v. Patton, 79 A. 164.

School districts lying in two or more counties, how divided. 78 Mo. 80.

While this section authorizes a majority of the legal voters in a fractional part
of a district divided by a county line to at any time withdraw from the district and
either form a new district or become attached to a district in their own county,
there are good reasons why such division should take place only at the annual meet-
ing, or within thirty days thereafter. The estimate, enumeration list, and list of
taxpayers are furnished the county clerk in May, and all changes of boundary line
should take place before this is done. This does not apply to districts organized under
article II, relating to city and town schools.

Note that no new district can be legally formed that will be divided by a county
line except where the portion sought to be joined across the county line is cut off
from the district in the same county by a running stream which cannot easily be
crossed by children attending the school. This provision also applies to changes of
boundary line. There can be no appeal to the county superintendent upon the question
of joining territory to districts across a county line.

Sec. 10843, First meeting of newly created districts. It shall be
the duty of the voters resident in the territory embraced within the
limits of the newly created district to assemble at some central point
within said district within fifteen days after the formation thereof
such point to be designated by notices posted in at least five public
places in said district, or by notices published for the same length of
time in all the newspapers published in such district, and signed by
two of the resident freeholders therein; and such meeting, when as-
sembled, shall be invested with the same powers and be conducted as
prescribed for the first annual district meeting held under the provisions
of this chapter : Provided, that the children in such newly created dis-
trict shall have the right to attend school in their original districts until
the thirtieth of June following. (R. S. 1899, 9748, amended, L. 1909,
p. 770.)

Unless the voters of a new district meet and organize within fifteen days after
they are voted out of the old districts, the organization of the new district will be void.
School District v. Wallace, 75 A. 317. But if an appeal be taken, the first meeting
can be held within fifteen days after notice of decision of board of arbitrators, and a
failure to adopt a plat of the district at first meeting does not render its acts invalid.
State ex rel. v. Burford, 82 A. 343. Such first meeting held upon due notice has all
the powers of an annual meeting, and may vote a tax for building purposes as well
as to hire teachers. State ex rel. v. Edwards, 151 Mo. 473.

54 Revised School Laws.

This section does not specify for what length of time notice shall be given
of first meeting in newly formed districts, but as such meeting must be held within
fifteen days after the annual meetings, it would only be possible to give fifteen days'
notice thereof by posting such notices on the day of the annual meetings, designating
the fifteenth day after the annual meetings as the date for such first meeting. If an
appeal be granted, the notice for such first meeting should be given as soon as notice
of the decision of the board of arbitrators is received.

Notice for a first meeting in each of the new districts should be posted according
to the provision of this section. 54 A. 31.

Upon complying with section 10837, the new district or districts "shall be deemed
formed." It will therefore be observed that failure to do the things provided in this
section after the formation of the district would not work a forfeiture of its organiza-
tion. While the provisions of this section must be complied with, yet the fifteen days'
time given therefor is merely declaratory.

It is not a condition to the validity of the division of a school district that notice
for a first meeting in each of the new districts should be posted in accordance with
the provisions of section 10843 of the Revised Statutes. The corporate existence of the
new districts dates from the meeting whereat they were substituted for the old dis-
trict 54 A. 31.

The notices of this meeting need not be posted "fifteen days before the meeting"
as notices of all other school meetings must. In fact, they cannot be posted for such
time, as the meeting must be held "within fifteen days after the formation" of the
district. It is unquestionably the intention of the law to make this exception, although
the phrase "for the same length of time" used in reference to the time of publication
in newspapers is ambiguous.

Sec. 10844. Annual meeting. The annual meeting of each school
district shall be held on the first Tuesday in April of each year, at the
district schoolhouse, commencing at 2 o'clock p. m. If no schoolhouse
is located within the district, the place of meeting shall be designated by
notices, posted in five public places within the district fifteen days
previous to such annual meeting, or by notice for same length of time
in all the newspapers published in the district, giving the time, place
and purposes of such meeting. (R. S. 1899, 9749, amended, L. 1909,
p. 770.)

Chairman of meeting not subject to criminal law for rejecting vote of applicant
for suffrage. 19 A. 210.

The law fixes the time of the annual meeting on the first Tuesday in April in
each year at 2 o'clock p. m. All residents of the district are expected to take notice
of this fact. Those who are present at the hour named, and authorized to participate
in the deliberations, may organize the meeting and proceed with the order of business
specified in section 10845. Each item of the order of business may be taken up and
disposed of, and those who arrive later have no right to complain that they were
deprived of their right to take part in the business disposed of before their arrival.

Sec. 10845. Powers of the annual meeting. The qualified voters
assembled at the annual meeting, when not otherwise provided, shall
have power by a majority of the votes cast :

First To organize by the election of a chairman and a secretary,
who shall keep an accurate record of the proceedings of the meeting,
which, when duly approved and attested by the signature of the chair-
man, the clerk shall enter upon the record of the district.

Second To choose, by ballot, one director, who shall hold his office
for the term of three years and until his successor is elected and quali-
fied.

Third To fill vacancies, if my, caused by death, resignation, re-

Revised School Laws. 55

f usal to serve, repeated neglect of duty or removal from the district ; and
the persons thus elected shall hold their office for the unexpired term
and until their successors are elected and qualified.

Fourth To determine, by ballot, the length of school term in excess
of eight months that the public schools of the district shall be maintained
for the next scholastic year ; also, to determine the rate, if any, in excess
of forty cents on the one hundred dollars ' assessed valuation to be levied
for school purposes, as provided for in section 10796.

Fifth to determine, by majority vote, whether or not the school-
house of the district may be used during the ensuing year for religious,
literary or other purposes, or for the meeting of farmer or labor organi-
zations, secret or otherwise.

Sixth To decide in favor of or against any proposed change of
boundaries, notice of such change having been given in each and every
district affected thereby in the manner provided by law.

Seventh To direct the sale of any property belonging to the dis-
trict but no longer required for the use thereof, to determine the dis-
position of the same and the application of the proceeds.

Eighth To designate their choice, by ballot, for a person to fill the
office of county superintendent of public schools.

Ninth To determine, by ballot, the rate to be levied upon the one
hundred dollars' assessed valuation necessary to purchase a site, erect
a schoolhouse thereon and furnish the same, as provided for in section
10797.

Tenth To determine \ in districts newly formed, or wherein no
schoolhouse site has yet been selected, the location thereof, notice having
been given in the manner provided by law.

Eleventh To change the location ef schoolhouse site when the
same for any cause is deemed necessary: Provided, that in every case
a majority vote of the voters who are resident taxpayers of said district
shall be necessary to remove a site nearer the center of said district ; but
in all cases to remove a site further from the center of said district, it
shall require two-thirds of the legal voters who are resident taxpayers
of such school district voting at such election. (R. S. 1899, 9750,
amended, L. 1909, p. 770.)

To increase the rate of taxation for school purposes above forty cents on the
hundred dollars at a special meeting 1 , the board must first determine the rate and then
submit the proposition by notice, but at the annual meeting the board may simply
submit the proposition and the voters determine the rate of taxation. JBenton v.
Scott, 168 Mo. 378. An estimate calling for an increase of taxes for teachers and
incidental funds, which, in the aggregate, exceed forty cents on the one hundred
dollars valuation, when such increase has not been sanctioned by a majority vote of the
district, is not authorized, and taxes assessed on such estimates will be illegal as to
such excess. Kansas City, etc., v. Chapin, 162 Mo. 409. To change the location of a
schoolhouse site nearer the center of district only a majority of taxpayers present and
voting in the election is necessary. Richardson v. McReynolds, 114 Mo. 641 ; Tucker
v. McKay 131 A. 728. Failure of district clerk to copy into his record the signature
of the person who acted as chairman of the annual meeting does not render such record
incompetent evidence of the proceedings of such meeting. State ex rel. v. Eden, 54
A. 31. The expense of moving a schoolhouse cannot be paid out of incidental fund,
but should be paid out of building fund. A proposition "to move schoolhouse to
southeast corner of J. B. Whitney's place" held sufficiently definite to enable directors

56 Revised School Laws.

to determine where it should be moved. Livesay v. Whitney, 107 A. 475. The law
does not designate the particular form in which minutes of the annual meeting shall be
kept, and an entry that "next in order voted to move schoolhouse ; carried," while
incomplete, may be explained by parol evidence to show that the vote was by ballot,
and that the necessary majority voted therefor. The removal of a schoolhouse
pursuant to a vote of district cannot be enjoined because district has no funds to
pay the expenses, if responsible citizens of the district have obligated themselves to
pay for such removal. Tucker v. McKay, 131 A. 728.

Note It seems that school boards may, by proper notice, submit to annual meet-
ings propositions to change boundaries without a petition praying for such change, but
this point has not been directly decided by appellate courts. Mason v. Kennedy, 89
Mo. 23.

The powers of the board of directors defined. 48 A. 408; 30 A. 641. The powers
conferred on the voters have relation to the then existing school year. 27 A. 36.

Our supreme court has held that school districts are quasi corporations, the
powers and duties of the corporators being limited and prescribed by statute. The
corporators are the legal voters of the district, the directors being chosen by them.
Certain powers and duties devolve by law exclusively upon the directors, and the incor-
porators cannot abridge or interfere with these powers and duties. In some districts
the voters attempt to select the teacher by a vote. The right to select teachers belongs
exclusively to the board, and a vote taken upon this proposition must be considered
by the board as a recommendation only. It will be observed that unless otherwise
provided by law, a proposition submitted to the annual meeting is determined by a
majority of the votes cast. The chairman should not recognize a motion to adjourn
until all the business for which the meeting was convened has been transacted. The
law provides that the meeting shall convene at 2 o'clock p. m. Promptly at that time
the legal voters may proceed to organize the meeting and take up the order of busi-
ness specified in section 10845. When the business is completed, the meeting may ad-
journ, and voters who neglect to be present have no right to complain.

First The meeting is organized by the election of a chairman and a secretary.
These are temporary officers and must not be confounded with the president and
clerk of the board of directors. The chairman presides during the meeting, putting
all motions and announcing the result. The chairman is entitled to vote upon all
propositions submitted. In case of a tie vote, the proposition or motion voted upon
must be declared lost. The secretary keeps a correct record of the proceedings of the
meeting, which, "when duly approved and attested by the chairman," must be turned
over to the district clerk to be entered upon the district record.

Second Notice that the director is to be chosen by ballot for three years, and
that he is to hold his office "until his successor is elected and qualified." By reference
to section 10847 we find, speaking of directors, "and shall hold their office for the
term of three years, and until their successors are elected or appointed and qualified."
Tet, in section 10850, the remaining two directors are authorized to appoint when a
vacancy occurs in one of the five following ways : first, by death ; second, resignation ;
third, refusal to serve; fourth, repeated neglect of duty; fifth, removal from the dis-
trict. Upon failure to elect a director at the annual meeting, the remaining two mem-
bers cannot appoint, but the old director holds over to the next annual meeting, unless
the outgoing member was appointed. No director (in an annual mass meeting), in
a district with three directors, can be elected unless he receives a "majority of the
votes cast." If, upon the announcement by the chairman of the first ballot, no one
has "a majority of the votes cast," successive ballots should be taken till some one
does receive such majority. When an annual meeting has adjourned after all business
has been attended to, another meeting or getting together cannot be had that day
or at any other day except it be called in accordance with section 10799. The election
of a director is restricted to the annual meeting by section 10847.

Third. Filling of vacancies It should be noted that persons elected at the annual
meeting to fill vacancies "hold their office for the unexpired term, and until their
successors are elected and qualified," while persons appointed by the board under
section 10850 to fill vacancies "serve until the next annual school meeting."

Fourth. Increase of levy for school purposes The annual meeting is authorized
"to determine the rate, if any, in excess of forty cents on the hundred dollars

Revised School Laws. 57

assessed valuation to be levied for school purposes." The proposition voted on should
be, for instance, to levy forty-five cents, fifty cents, or any amount not exceeding sixty-
five cents on the one hundred dollars valuation for school purposes. Both the Missouri
Constitution and statutes limit the amount to be levied for school purposes, in districts
not formed of cities and towns, to sixty-five cents on the hundred dollars valuation. In
districts formed of cities and towns, a hundred cents on the hundred dollars valua-
tion may be levied for school purposes. Only taxpayers can vote on the proposition
to increase the levy for school purposes. By reference to section 10796 it will be seen
that a vote upon this proposition is not confined to the annual meeting, but can be
had at any time upon petition of five resident taxpayers, or when the board of directors
deem it necessary.

Fifth. To decide upon use of schoolhouse for other purposes, etc. The annual
meeting may, without previous notice, determine whether or not the schoolhouse shall
be used during the ensuing year for any other purpose than that of the public school.
See also section 10784.

Seventh. To direct the sale of school property The annual meeting is here
authorized to direct the sale of school property and not to sell it; that is, to authorize
the board of directors to sell the property on such conditions and under such limita-
tions, of course, as the annual meeting may see fit to impose. It should be observed
also that this property is to be "no longer required for the use of the district." It is to
be supposed, of course, that at the same annual meeting at which the sale of this
property is directed, bonds will be voted for the erection of schoolhouse and fur-
nishing the same. The board of directors should receive definite instruction not to
dispose of the old schoolhouse till a contract is entered into for the building of a
new schoolhouse before the opening of school. The money derived from the sale of
the school property should be credited to the building fund of the district.

Tenth. Location of schoolhouse site This applies to any school district seeking a
schoolhouse site : First, to a regularly organized district without a schoolhouse site ;
second, to districts just organized from unorganized territory (section 10836). The
annual meeting must vote upon a definite site, and not instruct the board of directors
to select a site. The proposition is carried by a majority of the votes cast. This propo-
sition may be voted on either at an annual meeting or a special meeting called in
accordance with section 10799.

Eleventh. To change location of schoolhouse site In the discussion of this
section we have found one proposition (increase of levy for school purposes) that must
be decided by taxpayers as distinguished from qualified voters. The change of location
of schoolhouse site is a second proposition that is determined by the taxpayers of
the district.

The Supreme Court, in the 114 Mo., at page 649, in speaking upon th4s statute,
said : "A majority vote of the voters who are resident taxpayers of said district means
a majority of the taxpayers present and voting at such election." See, also, 37 Mo. 270.

In the event that the proposition submitted be to change the site to a point fur-
ther from the center of the district, a two-thirds vote of the resident taxpayers who
are legal voters present and voting is sufficient to carry the proposition. The law does
not require that two-thirds of the residents of the district who are legal voters and
taxpayers must vote affirmatively upon the proposition to carry it.

All propositions submitted at the annual meeting, except these two (increase of
levy for schol purposes and change of schoolhouse site), can be decided by the
qualified voters ; these two, by taxpayers only. For definition of qualified voter, see
section 10847.

A taxpayer is one who holds in the district, in his own name, real or personal
property liable to assessment and taxation.

Of the eleven items of section 10845, the fourth, sixth, ninth and tenth require
notices. In the fourth, it is the latter part increase of levy that requires notice.

The annual meeting cannot authorize a spring term of school to be begun or
held before the 30th of June next succeeding; or, in other words, it cannot extend
the term of school voted by the last annual meeting. If it is considered desirable to
extend the school term beyond that voted by the last annual meeting, the proposition
must be submitted at a special meeting called as provide,^ in section 10799 for that
purpose.

58 Revised School Laws.

The directors have no power of their own will to select the schoolhouse site. 57
Mo. 430. The chairman of a meeting of qualified voters of a school district for the
election of a school director is not subject to the criminal law for rejecting a vote of
an applicant for suffrage. 19 A. 210. No power exists in a board of public school direc-
tors, without authority from the voters of the district, to rent buildings or rooms
separate- from the district schoolhouse, and to employ teachers for a supplemental
school therein. 30 A. 641. Expense of moving house to be paid out of building fund.
107 A. 475.

FORM FOR NOTICE OF ANNUAL SCHOOL MEETING.

Notice is hereby given to the qualified voters of district No. , county of ,

State of Missouri, that the annual school meeting of said district will be held at ,

on Tuesday, the day of April, 191 , commencing at 2 o'clock p. m., and among

other things specified by the law, the following will be proposed and considered :

-, District Clerk.

Sec. 10846. Length of school required state aid, how obtained.

The board of directors of every school district is hereby empowered and
required to continue the public school or schools in the district for a period
of eight months in each scholastic year: Provided, that when any dis-
trict has levied for school purposes (teacher and incidental) the maximum
levy provided by law, and the funds so derived, together with the money
on hand and the amount received from the public funds, are insufficient
to maintain such school or schools for such a period, paying the teacher or
teachers a maximum salary of forty dollars per month, then such district
shall receive from the state treasurer a sufficient amount to make up this
deficit. Any district, making application for such state aid, shall show that
it contains an area of not less than six and one-fourth square miles, that it
has an assessed valuation of forty thousand dollars or less, that it has an
enumeration of at least twenty-five pupils of school age, that it has made
a levy of sixty-five cents on the one hundred dollars' valuation for
school purposes, not more than twenty -five cents of said levy to be used
for incidental purposes, and that it has maintained an average daily at-
tendance of 15 pupils during the past school term : Provided, that no
district shall receive more than eighty dollars. The directors of any such
district, desiring to avail itself of this aid, shall meet and, on or before
June 15th, furnish to the county clerk an estimate, verified by the signa-
ture of the clerk and the members of such board, showing the amount of
such probable deficit ; and it shall be the duty of the county clerk to fur-
nish to the state superintendent of schools, on or before June 30th, a list
of all districts in his county making such application, showing the amount
estimated by each district and the total for the county. Before appor-
tioning the state school funds, the state superintendent shall set aside a
sum equal to the total of all the deficits reported by all of the counties in
the state, after which he shall proceed in accordance with section 10822.
The state superintendent shall cause the state treasurer to forward to
the county clerk of each county the total amount shown to be due to
jnich county to make up such deficits, and the clerk shall thereupon ap-

Revised School Laws. 59

portion to each district its proper amount in accordance with the estimate
on file in his office. (Session Acts, 1911.)

Every district in the state must have an eight months term of school each
scholastic year, provided a levy of forty cents on the one hundred dollars assessed
valuation, together with the public funds and the cash on hand, is sufficient therefor.
Should a district be unable to have eight months of school it may receive aid from
the State under the following conditions: (a) It must show that it has an area of not
less than six and one-fourth square miles; (b) that it has an assessed valuation of not
more than forty thousand dollars; (c) that it has not fewer than twenty-five children
of school age; (d) that it has made a levy of sixty-five cents, not more than twenty-
five cents of which will be used for incidental purposes; (e) that it has maintained
an average daily attendance of at least fifteen pupils during the past school term.
Formal application must be made to the county clerk on or before June 15th and by
him to the State Superintendent on or before June 30th. A careful reading of section
10822, especially the two provisos, is recommended before sending in estimates required
by section 10791.

The year here spoken of is the school year beginning July 1st and ending June
30th.

Sec. 10847. Directors, qualifications of how and by whom elected.

The government and control of the district shall be* vested in a board
of directors composed of three members, who shall be citizens of the
United States, resident taxpayers and qualified voters of the district,
and who shall have paid a state and county tax within one year next
preceding his or their election. Said directors shall be chosen by the
qualified voters of the district at the time and in the manner prescribed
in section 10844, and shall hold their office for the term of three years,
and until their successors are elected or appointed and qualified, except
those elected at the first annual meeting held in the district under the
provisions of this chapter, whose term of office shall be for one, two and
three years, respectively. A qualified voter within the meaning of this
chapter shall be any person who, under the general laws of this state,
would be allowed a vote in the county for state and county officers, and
who shall have resided in the district thirty days next preceding the
annual or special meeting at which he offers to vote. (R. S. 1899,
9759, amended, L. 1909, p. 770.)

Supreme Court has jurisdiction of appeal in suit to oust a school director. If a
party has paid -a State and county tax in another county within one year and has
resided in school district long enough to entitle him to vote, he may serve as school
director if elected. State ex inf. v. Fasse, 189 Mo. 532.

A director must be a citizen of the United States, either naturalized or native
born, a resident taxpayer and qualified voter of the district, and shall have paid a
state and county tax within one year next preceding his election.

The following portion of the definition of a qualified voter may not be plain :
"A qualified voter within the meaning of this chapter shall be any person who, under
the general laws of this State, would be allowed to vote," etc. Who are "allowed to
vote under the general laws of this State?" Article 8, section 2 of the Constitution
settles this: "Every male citizen of the United States, and every male person of
foreign birth who may have declared his intention to become a citizen of the United
States according to law, not less than one year nor more than five years before he
offers to vote, who is over the age of twenty-one years, possessing the following
qualifications, shall be entitled to vote at all elections by the people: (1) He shall
have resided in the State one year immediately preceding the election at which he
offers to vote ; ( 2 ) he shall have resided in the county, city or town where he shall
Offer to vote at least sixty days immediately preceding the election,"

60 Revised School Laws.

Sec. 10848. Oath of directors. The directors shall, within four
days after their election or appointment, take and subscribe an oath or
affirmation to faithfully and impartially discharge the duties of their
office, which oath may be administered by each other : and the district
clerk shall enter the same, with the date thereof, upon the records of the
district, and the oath administered shall be as follows:

I do solemnly swear (or affirm) that I will support the Constitution of the United
States and the Constitution of the State of Missouri, and that I will faithfully and

impartially discharge the duties of school director in and for district No. , county

of , State of Missouri, to the best of my ability, according to law, so help me God.

Sworn to and subscribed before me this day of , 191-

(R. S. 1899, 9760, re-enacted, L. 1909, p. 770.)

It is not sufficient in administering the oath of office to a newly elected director
that it be done orally. The oath should be written or printed in the form given in
this section, and signed by the person or persons to whom the same is being admin-
istered. It should also bear the signature of the person administering the same,
under the proper date thereof. While this section provides that the oath may be admin-
istered by the members of the board, this does not preclude the idea that it may also
be taken before any officer authorized to administer an oath.

Sec. 10849. Organization of board. The directors shall meet with-
in four days after the annual meeting, at some place within the district,
and organize by electing one of their number president; and the board
shall, on or before the fifteenth day of July, select a clerk, who shall
enter upon his duties on the fifteenth day of July, but no compensation
shall be allowed such clerk until all reports required by law and by
the board have been duly made and filed. A majority of the board shall
constitute a quorum for the transaction of business: Provided, each
member shall have due notice of the time, place and purpose of such
meeting; and in case of the absence of the clerk, one of the directors
may act temporarily in his place. The clerk shall keep a correct record
of the proceedings of all the meetings of the board. No member of the
board shall receive any compensation for performing the duties of a
director. (R. S. 1899, 9761, re-enacted, L. 1909, p. 770.)

In the absence of evidence to the contrary, it will be presumed that proper notice
was given of a special meeting of directors. Waters v. District, 59 A. 580. If two
directors meet and without keeping a record of their proceedings and without notice
to the third member issue warrants, such warrants will be illegal, but if paid, no
action can be maintained against the directors who issued same, provided they were
issued for a valid indebtedness of district. School District v. Smalley, 58 A. 658. A
meeting of directors held outside of district is void. State v. Kessler, 136 A. 236.

President of board is empowered to call special meetings, and the only requisite
is that each member has notice of time and place. 59 A. 580.

By organization is meant election of officers. The directors should meet within
four days after the annual meeting that is, before the close of the week in which
the election is held, and organize by the election of a president. The clerk need not be
elected until later, as he does not enter upon the duties of his office until July 15th.
The president must be a member of the board. The clerk may or may not be a mem-
ber of the board. The board should, after organization, fix the date of holding regular
meetings of the board that is, on the last Saturday of each month, or some other
date that may seem most convenient. After the date of holding regular meetings has
been fixed, it is the duty of each member of the board to attend such meetings with,
out notice. Special meetings of the board may be called as provided in section 10787.

Revised School Laws. 61

I desire to call especial attention to one provision of this section the one provid-
ing that no compensation shall be allowed the district clerk until all reports required
by law and by the board have been duly made and filed. At the meeting of the board
at which the clerk is elected his compensation should be fixed by an order of the
board. The law clearly contemplates that the compensation should not be paid until
the end of the school year and until the board is satisfied that all reports have been
made and filed. The report usually neglected is that to the county ssuperintendent,
required by section 10853. A reasonable compensation should be paid the district clerk,
and he should be selected solely with reference to his qualifications for the position.
In many of the country districts the board of directors meet for organization on the
same day and immediately after adjournment of the annual meeting.

"When all members of a school board meet at some place in the district, whether
in obedience to notice or by accident, they may, if they choose, hold a board meeting
and proceed to transact any ordinary business pertaining to the district, and a failure
on their part to make and preserve minutes of their proceedings will not affect the
rights of a party with whom they have made a valid settlement at such meeting."
101 A. 115 ; 135 A. 721.

In order that the warrant of a school district for the purchase of books be legal,
the directors must meet as a board, and as a body make the purchase, and order the
warrant drawn as the statute requires, and all transactions must be evidenced by the
record of the board kept by the clerk." 178 Mo. 350; 48 A. 408.

Sec. 10850. Vacancy in board of directors, how filled. If a va-
cancy occur in the office of director, by death, resignation, refusal to
serve, repeated neglect of duty or removal from the district, the remain-
ing directors shall, before transacting any official business, appoint some
suitable person to fill such vacancy ; but should they be unable to agree,
or should there be more than one vacancy at any one time, the county
superintendent of public schools shall, upon notice of such vacancy or
vacancies being filed with him in writing, immediately fill the same by
appointment, and notify said person or persons in writing of such ap-
pointment ; and the person or persons appointed under the provisions of
this section shall comply with the requirements of section 10848, and shall
serve until the next annual school meeting. (R. S. 1899, 9762, amend-
ed, L. 1909, p. 770.)

Failure of board to fill vacancy as required by this section does not invalidate its
acts performed while such vacancy exists. Bauer v. District, 78 A. 442.

This section applies to districts organized under the provisions of the city and
town schools act, as well as to country districts. When a vacancy occurs from
any of the causes prescribed in this section, it must be filled before transacting any
official business. Any member may be cited to appear before the board of directors
and show cause why his office should not be declared vacant on account of repeated
neglect of duty. If it shall be held by a majority of the board that such member is
guilty of repeated neglect of duty, or if such member fails to appear m obedience to
notice, his office may be by them declared vacant, and some person qualified therefor
may then be appointed by them to fill such vacancy until the next annual meeting.

FORM FOR APPOINTMENT OF DIRECTORS BY SCHOOL DIRECTORS.

We, the undersigned, directors of district No. , of county, Missouri, do

hereby appoint to fill the vacancy in the office of director of said district, caused
by the (death, resignation, removal or refusal to act, naming the cause) of .

Directors.

Sec. 10851. Removal of district clerk. The board shall have
power to remove the district clerk from his office for dereliction of

62 Revised School Laws.

duty and appoint another in his place, to whom the former incumbent
shall immediately deliver his books and papers pertaining to the office.
(B. S. 1899, 9769, re-enacted, L. 1909, p. 770.)

The district clerk is a creature of the board, and can therefore be removed "for
dereliction of duty." For this reason, it is better that the clerk be not a member of
the board. The president of the board is also a creature of the board, and can be
removed and another appointed. Of course, he will still hold his position as a member
of the board. "It is essential, in every case, that charges be made, and trial had,
and that the accused be notified and have a full opportunity for defense." 44 Mo. 570.

Sec. 10852. Joint high schools may be established. Whenever
any school district in Missouri, as party of the first part, has or will fur-
nish a room or rooms, suitable for the purposes of a high school, and
will agree to seat, equip, heat and keep in order said room or rooms
for high school purposes, at its own expense, said district, together with
any other three or more school districts in Missouri, as parties of the
second part, may unite as a public central high school district, for the
purposes of organizing and maintaining a high school for the better
instruction of the children of such school districts in high school studies ;
and the question of such union may be submitted to the annual meetings
of such districts severally, by legal notice, as other questions are sub-
mitted to such meetings ; and the clerk of each district voting upon the
question of such union shall record the result of the vote in the records
of the meeting, and, on the reorganization of the board of directors in
each of the said school districts, issue to the president thereof a certificate
of the vote on the said question of union ; and at 2 p. m. on the Tuesday
following the annual meeting the directors of the several districts which
have voted on the question of said union shall meet at the schoolhouse
of the district herein designated as party of the first part, and if the
district so designated as party of the first part, and any three or more
of the districts herein designated as parties of the second part, shall have
decided severally, by majority vote, to form such central high school
district, then the same shall be considered formed; and the directors
of the several school districts forming such central high school dis-
trict shall, on said first Tuesday after the annual election, organize
for the purposes of such high school district by electing from their
number a president and secretary, and agree, by a majority vote, upon
the part, not to exceed twenty per cent, of the teachers' fund of the
several districts, to be set apart by the directors of such several school
districts for the salary of the teacher or teachers of said central high
school, and decide upon the time, place and manner of electing the
teacher or teachers of said central high school, who shall hold a first-
grade county certificate or certificates, or a state certificate or cer-
tificates, and who shall enter into a contract with said central high
school directors in the manner in which teachers contract with other
school districts; and said directors of said school district shall an-
nually thereafter, on the first Tuesday after the annual meeting, meet
as hereinbefore provided for their first organization, and reorganize
by the election of a president and secretary, and transact such further
business as may be necessary to continue said central high school from
year to year: Provided, the sum set aside by the several boards of

Revised School Laws. 63

directors of the several school districts of said central high school
district for the salary of said high school teacher or teachers shall
not, in any one of said school districts, exceed twenty per cent, of the
teachers' fund in said school district; and the county treasurer, or
the township trustees handling the funds of said school district form-
ing said central high school district, shall, upon notice from the secre-
tary of said central high school district, set aside for the salary of
said central high school teacher or teachers the part of teachers' fund
of the said several school districts agreed upon and set apart by the
directors of the said several school districts, as herein provided for;
and said county treasurer or township trustees shall pay said high
school teacher or teachers from said fund set aside, upon the warrant
of the president and secretary of said central high school district;
and the authority of the central high school board of directors herein
created over the central high school, as to rules and regulations, shall
be the same as that of the board of directors of other school districts
over the schools of their school districts: Provided, that the length of
term of said central high school shall not exceed the average length of
term in the school districts of which said central high school district is
composed: Provided, that no pupil shall be permitted to enter the
classes of said central high school who has not completed the study
of descriptive geography, practical arithmetic, mental arithmetic, Ian
guage lessons and elementary grammar, United States history and ele-
mentary physiology ; and the teacher or teachers of said central high
school may examine all pupils desiring to enter said central high school,
to test their knowledge of the aforesaid subjects. (R. S. 1899, 9773,
re-enacted, L. 1909, p. 770.)

This has been in the statutes for more than twenty years, and but one high school
has been organized under its provisions. It would be a much better plan to consolidate
four or more school districts into one district for all school purposes. This can be done
in accordance with section 10837. "When it is deemed necessary to form a new district,
to be composed of two or more entire districts, etc." Four or more districts with a
village near the center should be consolidated into one new district, and then within
fifteen days the voters should meet and organize this new district for work according to
ssection 10843, and just as soon as possible organize as a village district with six direc-
tors. This will provide definitely for a school of higher grade and such primary schools
as the board may deem necessary. Such an organization will enable the board to main-
tain a school in each of the several original districts and to establish a central high
school within reach of all the children prepared therefor, and none of them need to
have farther than six miles to go to such high school. The elementary schools in the
subdistricts may be properly graded and have some supervision by the principal
of the high school. The board could employ him with this in view. All the schools
would be maintained for the same length of term out of a common fund derived from
the same rate of taxes levied on the property of the entire consolidated district. In
the event that the attendance in any one of the subdistricts should fall below a
certain number, the board could discontinue that school and arrange to have such
pupils transferred and, if need be, carried by conveyances to other school or schools
in the district. There is nothing in the law to prevent such an organization. It has
been tried in other states. It is practical, especially in populous sections of our
state, and more especially where good roads are provided or shall be provided. The
advantages summed up in a few words are : equal taxation ; equal privileges for the
children in length of term, efficiency of teachers, and proper grading ; all children
having opportunity of a good high school with free tuition ; economy of teaching force

64 Revised School Laws.

by collecting together a sufficient number of advanced pupils to justify the employ-
ment of a good teacher and in closing out the elementary schools with small attend-
ance.

Sec. 10853. Duties of district clerk. The district clerk shall keep
a record of the proceedings of all annual and special meetings of the
qualified voters of the district; also, the proceedings of the board of
directors. He shall make copies of the election 'notices, contracts with
teachers, certificates and all other papers relating to the business of
the district, and securely keep the same. He shall transmit to the
county superintendent, on or before the fifteenth day of July in each
year, a report embracing the following items: First, the number of
children, male and female, white and colored, attending the public schools
during the year; second, total number of days attendance by all such
children; third, the number of days the public schools of the district
have been maintained during the school year; fourth, the number of
teachers employed, male and female, and the wages per month of each ;
fifth, the number of schoolrooms occupied in the district, and the num-
ber of children that may be seated, in the same; sixth, estimated value
of school property owned and managed by the district ; seventh, assessed
valuation of the district; eighth, rate of school tax on the assessed valu-
ation of the district; ninth, cash on hand at the beginning of the year;
tenth, tuition fees received and credited to the teachers' fund of the
district; eleventh, public funds received by county treasurer; twelfth,
district tax received by county (or township) treasurer; thirteenth,
amount paid on teachers ' wages ; fourteenth, amount paid for incidental
expenses ; fifteenth, amount expended for purchasing site, erecting school-
houses, rent and repairs ; sixteenth, amount expended in cancelling bond-
ed indebtedness and paying interest on same; seventeenth, amount ex-
pended for library; eighteenth, cash on hand at the end of the year.
(R. S. 1899, 9784, amended, L. 1909, p. 770.)

Notice of election, when signed by clerk, is sufficiently authenticated. Mason v.
Kennedy, 89 Mo. 23.

30 A. 641; 48 A. 408; 58 A. 658. District clerk should enter upon records of dis-
trict an exact copy of record of annual meeting as kept by secretary ; but, should he
fail to do so, his record is admisssible in evidence. 54 A. 31.

This section makes it the duty of the district clerk (1) "to keep a record of the
proceedings of all annual and special meetings;" (2) "of the proceedings of the board
of directors;" (3) he shall make copies of the election notices, contracts with teachers,
certificates and all other papers relating to the business of the district, and securely
keep the same; (4) to "transmit to the county superintendent on or before the fifteenth
day of July in each year a report." The record of the annual and special school
meetings is of special importance. It is the only official evidence of these proceedings.
Grave questions are settled at these school meetings: directors elected, levies made
for school purposes and for building purposes, and school bonds voted. Remember that
the record of the district clerk obtained from the secretary of the meeting is the only
official and legal evidence of these transactions. The financial statement to the annual
meeting should be carefully recorded.

Again, how important it is that the proceedings of the board of directors be
carefully recorded. This record is the only legal evidence as to whether a teacher was
elected or a contract let. But no duty of the district clerk is more important than that
of transmitting a correct report to the county superintendent, embracing every item in
the blank report prepared by the state superintendent. This report is due from the
district clerk "on or before the fifteenth day of July in each year." The law specifies

Revised School Laws. 65

that it must be made on or before July 15. This does not mean the last of July or
any time during August or September, as many district clerks seem to think. If the
district clerks do not make their reports promptly, how can the county superintendent
make his report promptly to the state superintendent? As late as November, we urge
a county superintendent to send in his report. He replies that some district clerks
have so far failed to make their reports to him. Boards of directors should dismiss
such inefficient clerks. Note, also, from section 10849 that no clerk shall receive his
compensation until his report is made. Board should not allow the clerk any pay
until he shows receipt from the county superintendent that his report is accepted.
This should be enforced strictly. This report cannot be made before the first day of
July, because the school year does not end till the 30th day of June. You will notice
(section 10831) that it is between July 1 and July 15 that the county treasurer settles
with the county clerk, thus arriving at the data for the financial statement of each
district of the county, showing the receipts and disbursements. Duties of district
clerks discussed. 89 Mo. 23.

Sec. 10854. District clerk to procure record books. It shall be his
duty to procure the necessary record books for the proper transaction
of the duties of his office ; also, to procure and furnish to each teacher a
school register, properly ruled, headed and classified, to exhibit the fol-
lowing: The names, ages and studies pursued by all pupils attending
the school, the date of their entrance, daily attendance and absence, and
the date of the visitation of the school by the directors or patrons, and
such other facts as the state superintendent may require the above to be
paid for out of the moneys used to defray the incidental expenses of the
district. (R. S. 1899, 9786, re-enacted, L. 1909, p. 770.)

In the district clerk's record book are recorded the proceedings of annual and
special meetings of the board of directors, copies of election notices, contracts with
teachers, etc., in accordance with section 10853. District clerk must procure a register
for the teacher. This is not optional, and the teacher should take special pains to use
this register to the best advantage. Section 10807.

Section 10822 (Laws of 1911) makes it the duty of the district clerk to report to
the county clerk between June 15 and June 30 of each year several items which will
render it necessary for the clerk to be thoroughly familiar with the records of the
school. The clerk should read section 10822 very carefully, as the public funds will, in
the future, be apportioned in accordance with these reports to the county clerks.

Sec. 10855. District clerk to post notices. It shall be the duty of
the district clerk to post all notices required by law, when duly ordered
by the board, for any annual or special school meeting ; also, those re-
quired by law to be posted by the district clerk without such order of
the board; and all such notices shall be given as provided in section
10844. (R. S. 1899, 9787, amended, L. 1909, p. 770.)

A notice, issued, signed and posted by clerk is sufficient. Mason v. Kennedy, 89
Mo. 23.

Change of boundary of district; duty of clerk as to notices. 89 Mo. 23. Suf-
ficiency of notice. 54 A. 31.

Special meetings are those provided for by sections 10777, 10796, 10797 and 10799.
It is supposed that all qualified voters should take notice of the annual meeting with-
out notices being posted, but it has become customary to post notices for annual meet-
ings as well as for special meetings, as it often happens that special propositions
requiring notice are voted on at the annual meeting. Propositions requiring notices for
the annual meeting should be considered as if submitted at a special meeting. In other
words, the annual meeting becomes a special meeting when it considers anything not
specifically designated as belonging thereto. The district clerk may be proceeded
against under section 10802 for failure to perform his duty.

SLr 5

66 Revised School Laws.

Sec. 10856. Payment of district indebtedness. Upon the order of
the board of directors, it shall be the duty of the district clerk to draw
warrants on the county treasurer in favor of any party to whom the
district has become legally indebted, either for services as teacher, for
material purchased for the use of the school, or material or labor in the
erection of a schoolhouse for said district the said warrant to be paid
out of any moneys in the appropriate funds in the hands of the said
treasurer and belonging to the district. The species of indebtedness
must be clearly stated and should be drawn on its appropriate fund;
all moneys for teachers' wages on the teachers' fund; all moneys used
in the purchase of a site, erection x>f building thereon, and furnishing
the same, on building fund ; and all other expenses to be paid out of the
incidental fund: Provided, however, that no order for the payment of
teachers' wages shall be drawn in favor of any person not holding a certif-
icate of qualification, signed by the county superintendent, state super-
intendent or a certificate or diploma conferred by a normal school of this
state, or in favor of any teacher delinquent in his monthly or term re-
ports ; and further provided, that before drawing any such warrant, the
president of the board shall first visit the office of the county or township
treasurer, and record his signature in a book to be kept in the office of said
treasurer for that purpose, and for making such trip such president of
the board shall be allowed one dollar per day and his necessary travel-
ing expenses, payable out of the incidental funds of his district. (R. S.
1899, 9788, amended, L. 1909, p. 770.)

Directors are not personally liable for a school warrant drawn when there is no
money in the treasury to pay same, provided they have not issued warrants in excess
of the taxes levied and other income of district for the year. Jacquemin v. Andrews,
40 A. 507. Mandamus will not lie to compel board of directors to issue warrants to
pay a judgment if such judgment fails to recite the nature of the contract or indebted-
ness upon which it is based. State ex rel. v. Board, 97 A. 613. Teacher may recover
wages if school be closed without his consent because not enough of outstanding taxes
have been collected to pay his wages. Rudy v. District, 30 A. 113. Changing a school
warrant constitutes forgery. State ex rel. v. Tyree, 201 Mo. 574.

The words "contingent" and "incidental" are used interchangeably to denote the
same fund.

Where an average rate for school building tax is computed upon a basis which
blends, rate of taxes for school buildings, sinking and interest fund, the irregularity
is no ground to enjoin collection of tax. 126 Mo. 472. Those funds are all part of
building fund. Id. Until teacher files his report, directors have no right to order pay-
ment of his wages. 24 A. 213. But teacher does not forfeit any rights under his con-
tract by failure to make such reports, if prevented from so doing by action of
directors. 30 A. 113; 31 Mo. 319.

This section provides for the drawing of warrants upon the "order of the board
of directors," by the district clerk, "on the county treasurer, in favor of any party to
whom the district has become legally .indebted." These warrants must be upon the
proper fund. Three funds are specified teachers' fund, building fund and contingent,
or incidental, fund. The species of indebtedness must be clearly stated. No teacher
delinquent in his monthly or term reports, or not holding a legal certificate, can
receive a warrant. The president of the board is required to record his signature with
the county or township treasurer. The object of this is to prevent fraud. By section
10868 in express terms, and by section 10849 by inference, no warrant can be ordered
except by a majority of the board ; that is, unless a majority of the whole board vote
therefor. By section 10849 a majority of the board is necessary to constitute a
quorum. A majority of a board of three is two. If two members are present, both

'Laws. 67

must vote for issuing the warrant before it can be ordered issued. This is a majority
of the entire board. In signing warrants, the president and clerk of the board act
ministerially. It is their duty to sign warrants when ordered by the board, regardless
of their preferences in the matter. Boards of directors, in purchasing furniture or
apparatus from agents, should be very careful not to be induced to sign any contracts
or warrants presented by these agents. If a purchase is made from agents, the
warrant should be drawn upon the legal blanks belonging to the board and upon the
incidental fund.

Boards of directors have no authority to order a warrant or enter into a contract
exceeding the revenue provided for the current school year. Such warrant or contract
does not constitute a legal claim against the district.

Sec. 10857. Form of warrant to be paid from proper fund. The

warrants thus drawp. shall be in the following form, and shall be signed
by the president of the board and countersigned by the district clerk:

TEACHERS' FUND.

$ No

Treasurer of county, Missouri :

Pay to , or order, for services as teacher in district No '.-...,

dollars, out of any funds in your hands for the payment of teachers'

wages belonging to said district.

Done by order of the board, this day of , 191 ..

President. Clerk.

INCIDENTAL FUND.

$ No

Treasurer of county, Missouri :

Pay to or order, the sum of

dollars, for furnished district No , out of

any funds in your hands for the payment of incidental expenses belonging to said
district.

Done by order of the board, this day of , 191 ..

President. , Clerk.

BUILDING FUND.

5 No

Treasurer of county, Missouri :

Pay to or order, the sum of dollars,

for furnished in the erection of a schoolhouse in district

No , out of any money in your hands belonging to the building fund of

said district, and not otherwise appropriated.

Done by order of the board, this day of 191 ..

, President. r Clerk.

The treasurer shall open an account for each fund specified in this
section, and all moneys received from the state, county and township
funds, and all moneys derived from the taxation for teachers' wages,
and all tuition fees, shall be placed to the credit of the "teachers' fund;"
the money derived from taxation for incidental expenses shall be credited
to the "incidental fund;" all moneys derived from taxation for build-
ing purposes, from the sale of school site, schoolhouse or school furniture,
from insurance, from sale of bonds, from sinking fund and interest,
shall be placed to the credit of the ' ' building fund ; ' ' and all moneys not
herein specified that now belong to any school district, or that may here-
after be received by such school district, shall be placed to the credit of
the "teachers' fund" of such school district. No treasurer shall honor

68 Revised School Laws.

any warrant unless it be in the proper form and upon the appropriate
fund; and each and every warrant shall be paid from its appropriate
fund, and no partial payment shall be made upon any school warrant,
nor shall any interest be paid upon any such warrant : Provided, that
the board of directors shall have the power to transfer from the incidental
to the building fund such sum as may be necessary for the ordinary re-
pairs of school property: Provided further, that in the event of a
balance remaining in the building fund after the purpose for which said
fund was levied is accomplished, the said board shall have the power
to transfer such unexpended balance to the incidental fund. (R. S.
1899, 9789, amended, L. 1909, p. 770.)

When the law requires an officer to perform a ministerial duty he is liable for
damages if he refuses to perform such duty. When holder of school warrant demanded
damages from treasurer for failure to pay his warrant, but accepted the face value
of the warrant, he waived his claim to such damages. St. Joseph, etc., v. Hull, 72 A. 403.

School warrant will not draw interest, but treasurer refusing to pay warrant,
when legally drawn and payment of same demanded, will be liable on his official bond
for damages sustained, which would be interest on amount detained. 72 A. 403.

This section defines the three funds and gives the source from which each is de-
rived. No provision is made in the law for any transfer of money into the teachers'
fund or out of the teachers' fund. The two provisos of above section make clear the
circumstances under which sums may be transferred from the incidental to the build-
ing fund and vice versa.

Sec. 10858. County court may invest sinking fund, when and how.
Whenever there are outstanding any legal county revenue warrants of
any county bearing six per cent, interest, which will be redeemed by
the taxes of the current year, and there are school moneys in the hands
of the county treasurer belonging to the various districts, which will
not be required for the support of the public schools before the date
when such revenue warrants will be paid, the county courts are author-
ized to direct the county treasurer to invest such surplus school moneys
in the revenue warrants, and hold them for the use and benefit of the
school districts until the money for the redemption of such warrants is
received into the county revenue fund, when such money shall be applied
to their payment. (R. S. 1899, 9792, re-enacted, L. 1909, p. 770.)

Sec. 10859. County treasurer to report. The county treasurer
shall, at the .first term of county court after the redemption of the war-
rants by the county revenue fund, submit to the court a detailed state-
ment showing the amount and time the school moneys were invested, the
amount belonging to each district so used, and the amount of interest
realized for each district; and the court shall direct such interest to be
placed to the credit of the respective districts and the treasurer be
charged therewith. (R. S. 1899, 9793, re-enacted, L. 1909, p. 770.)

Sec. 10860. Records of district clerk. The district clerk shall
record a copy of all reports made by him to the county superintendent.
He shall also record in the record book of the district a correct plat of the
district, changing the same as often as alteration is made in the boundary
lines by the proper authority, and shall furnish the county clerk and
county superintendent With copies of the same, and shall officially notify
them of any change whenever made. (R. S. 1899, 9794, amended, L.
1909, p. 770.)

lie vised ticliool'Laws. 69

A change of boundaries takes effect from the date when made, regardless of
whether a copy of plat showing such change is furnished to county clerk as required
by this section. Henry v. Dulle, 74 Mo. 443.

Sec. 10861. Teachers' monthly and term reports. It shall be the
duty of every teacher to make out and file with the district clerk, at the
expiration of each month, a report of the number of pupils in attend-
ance during the month, distinguishing between male and female, the
average attendance, and such other statistics as the board of directors,
by order, may require, and no warrants shall be ordered by the board or
drawn by the clerk for such month's salary until such monthly report
has been made and filed with the district clerk; and at the close of the
term, a report, embracing a summary of the above, together with the
length of term taught, wages paid, teachers employed, and such other
information as the board, by its official acts, may require; a duplicate
of same shall be filed With the county superintendent, and no warrant
shall be issued by said clerk in favor of such teacher for the last month's
salary of such term until he shall have filed with said clerk and county
superintendent such term report. (R. S. 1899, 9801, re-enacted, L.
1909, p. 770.)

A teacher cannot recover his wages by suit if he has failed to furnish the reports
required by this section. Hall v. District, 24 A. 213. Teacher cannot be deprived
of his salary for failure to enforce a^ule prescribed by directors unless he be notified
of such rule. Perkins v. District. 61 A. 512.

Teacher must make out and file with clerk of district monthly report to entitle
him to wages. 24 A. 213.

Many teachers are careless in making their monthly and term reports, often
using lead pencil instead of pen and ink, and sometimes using any kind of paper
instead of the proper blanks sent out from this department. In a graded school com-
posed of a number of teachers, the assistant teachers should make their reports to
the principal or superintendent, and he should condense these reports and make one
report to the board. "No warrant shall be issued by said clerk in favor of such
teacher for the last month's salary of such term unless he shall have filed with said
clerk such term report." This should be strictly adhered to. See, also, section 10859.
"Where a teacher in a school district failed to make out and file with the clerk of the
school district the monthly report required by the statute, the board of directors of
the school district had no power to order the payment of such teacher's wages under
the statute, and he could not lawfully recover judgment against the school district on
account of a claim which the statute prohibited it from paying." 24 A. 214. Notice,
also, the following from 30 A. 113 : "A teacher does not forfeit any right under his
contract, or under the law, by failing to make monthly reports when, by action of the
directors, the school has been closed and there is, therefore, nothing to report." The
term report blank calls for individual pupils' reports. A school board lays its mem-
bers personally responsible if it pays the teacher the last month's salary before this
term report is made according to the prescribed blank.

Sec. 10862. Loan of surplus district school money. Whenever it
shall be found that any school district has any surplus funds in the coun-
ty treasury, the directors f>f such school district may make application, in
writing, to the county court, setting forth that school funds are accumu-
lating beyond the wants or necessities of such district. Upon such ap-
plication, it shall be the duty of the county court to cause such funds
to be loaned for the use and benefit of such school district. (R. S. 1899,
9838, re-enacted, L. 1909, p. 770.)

Sec, 10863. How loaned. Such school funds shall be loaned at the

Revised School Laws.

same rate of interest and in the same manner as township school funds
are loaned : Provided, that no school tax shall be levied in such district
other than for incidental expenses during the time for which such sur-
plus fund is sought to be loaned ; and provided further, that a free public
school shall be maintained in such school district for at least eight months
in each year. (R. S. 1899, 9839, amended, L. 1909, p. 770.)

The sureties on the general bond of a county treasurer are not liable for his
failure to account for, and pay over to his successor in office, county and township
school funds. For the special duties imposed upon him, by the school law he is
answerable on a separate bond. 55 Mo. 80. A treasurer of a school township is liable
on his official bond for school funds deposited in bank, and lost through the failure and
insolvency of the bank, although he was not guilty of any want of care or prudence in
failing to ascertain its financial condition. 67 Mo. 395. Where the county treasurer
receives a check from the state treasurer in payment of the apportionment of the
amount due the county from the public school moneys, and fails to use diligence in
collecting the check, the loss, if any occur thereby, falls on the county treasurer. 67
Mo. 139 ; 56 Mo. 65. An action on the bond of a defaulting county treasurer to recover
school moneys is properly brought by the county in the name of the state to the use
of the county. The statute does not require it to be brought to the use of the county
clerk. 68 Mo. 454.

ARTICLE IV.

LAWS APPLICABLE TO CITY, TOWN AND CONSOLIDATED SCHOOLS.

SECTION

10864. Organization of town or city

school districts corporate pow-
ers.

10865. Town or city school districts,

how organized.

10866. Board of education, tenure of

members of vacancies in, how
filled.

10867. Election of directors.

10868. Organization of board duties

of officers.

10869. Primary and high schools to be

established and sites located.

10870. Town, city or consolidated

school districts how disorgan-
ized.

10871. Duties, restrictions and liabili-

ties of boards.

10872. Corporate seal school term.

10873. Bond of treasurer.

10874. Liability of treasurer for sink-

ing fund and interest compen-
sation.

SECTION

10875. District moneys to be paid to

treasurer.

10876. Settlement of treasurer.

10877. Duties of county clerk how

paid.

10878. Duties of collectors.

10879. Regulations governing elections

at annual meetings.

10880. Annexation to town and city dis-

tricts.

10881. Change of boundary lines and

division of property.

10S82. Annexation to school district
when corporate limits are ex-
tended.

10883. Consolidated districts how

formed.

10884. Employment of members of

board publication of financial
report.

10885. Boards may accept gifts for li-

braries.

10886. Depositories of school moneys.

Sec, 10864. Organization of town or city school districts cor-
porate powers. Any common school district containing within its
boundaries a city, town or village, the plat of which has been filed in the
recorder's office of the county in which the same is situated, or any
district having two hundred or more children of school age by the last
enumeration, may be organized into a town or city school district, and,
when so organized, shall be a body corporate, and known as the school

Revised School Lairs. 7.1

district of - , and in that name may sue and be sued and possess
the same corporate powers and be governed the same as other school
districts except as herein provided ; and every extension that has hereto-
fore been made, or that hereafter may be made, of the limits of any city,
town or village that is now or may be hereafter organized under the laws
of this state, shall have the effect to extend the limits of such town or
city school district to the same extent, and such extension of the limits of
any city or town school district shall take effect on the first day of July
next following the extension of the limits of such city, town or village :
Provided, that any incorporated city, town or village, the plat of which
has been previously filed in the recorder's office of the county in which
the same is situated, and which is divided by a school district boundary
line, so that said incorporated city, town or village lies partly in one
school district and partly in another, shall have the right to organize as a
separate town or city school district in the manner provided in this section
for the organization of common school districts as town or city school dis-
tricts. The meeting for such organization shall be called by posting
notices, setting forth the time, place and purpose of said meeting in at
least five public places in said city, town or village, at least fifteen days
prior to the date of said meeting. Said notices shall be signed by at
least ten freeholders, residents of the city, town or village to be organized
as a school district. Such town or city school district shall, at the time
of organization, include only the territory in the corporate limits of the
city, town or village organizing as a school district and such territory
outside the corporate limits as may, by the creation of the new district,
be cut off from the district or districts to which it originally belonged.
(R. S. 1899, 9860, amended, L. 1909, p. 770.)

Unorganized territory cannot be organized into a town or city school district
without first being formed into a common school district. School District v. Wallace,
75 A. 317. The provisions of this section do not apply to cities of 50,000 to 300,000
inhabitants which are already organized as school districts. School District v. Dis-
trict, 184 Mo. 140. The president of the school board is the proper person to serve
with process in suits against school districts. Carr v. District, 42 A. 154.

Note Under this section, as amended in 1909, any incorporated city, town or
village, the plat of which has been filed in the recorder's office, and which lies partly
in two or more school districts, may organize as a sepa-rate school district.

Under this section rural school districts may be united into one .district, as pro-
vided in section 10837, and when the new district has two hundred or more children of
school age, it can organize under this article. This is another way of providing for
rural high schools.

This section is constitutional. .45 Mo. 458. The whole subdistrict need not be in-
cluded. 50 Mo. 268. Territory outside of corporate limits may be taken in and attached
for school purposes. 53 Mo. 127; 60 Mo. 540 ; 64 Mo. 53; 65 Mo. 587; 93 Mo. 655; 99
Mo. 332. School district has power to change and extend its limits, although town is not
incorporated. 56 Mo. 231 ; 68 A. 397. Each organized school district is a body corporate
and its territorial form can be changed only in manner pointed out by statute. 120
Mo. 67. Special school district has power to condemn land for schoolhouse site. 125 Mo.
439. Suit against school district process, on whom served. 42 A. 154.

Sec. 10865. Town or city school districts, how organized. When-
ever it may be desired to organize a common school district or consoli-
dated school district into a town or city school district, with special
privileges granted under this article, the board of directors shall, upon

72 Revised School Laws.

the reception of a petition to that effect, and signed by ten qualified
voters who are resident taxpayers of the district, submit the proposi-
tion at an annual or special meeting', giving notice of such meeting as
provided by section 10844. The order of business at such meeting shall
be as follows:

First To organize as a town or city school district, those voting
for the organization shall have written or printed on their ballots ' ' For
organization," and those voting against the organization shall have
written or printed on their ballots "Against organization;" and each
person desiring to vote shall advance to the front of the chairman and
deposit his ballot in a box to be used for that purpose. "When all present
shall have voted the chairman shall appoint two tellers, who shall call
each ballot aloud, and the secretary shall keep a tally and report to the
chairman, who shall announce the result; and if a majority of the votes
cast are "For organization," the chairman shall call the next order of
business.

Second To elect six directors, as follows: Two shall be elected
for three years, two for two years and two for one year, and each di-
rector shall be elected separately and the result announced in the manner
prescribed for organization. If said election is held at a special meeting,
from then until the next annual meeting shall be taken as one year, so
far as relates to the terms of the directors elected. The directors chosen
must comply with the requirements of section 10868.

The chairman and secretary of such meeting shall keep a record
of the proceedings thereof and turn the same over to the board of educa-
tion of such district, to be entered upon its records by the clerk of such
district. (R. S. 1899, 9861, amended, L. 1909, p. 770.)

When a proper petition is presented to directors, as provided in this section, and
they have ordered an election and caused the notices thereof to be posted, they can-
not prevent such election by taking down the notices and causing other notices to be
posted announcing the withdrawal of such election. Under this section any common
school district or consolidated district may organize as a town or city district, whether
or not it contain a village, town or city with a plat filed in the recorder's office. State
ex rel. v. Gill, 190 Mo. 79.

See cases cited under section 10864.

Construing 10864 and 10865, the Supreme Court said: "Thus we have two separate
and distinct organizations provided for the result the same in each a- single school
district governed by the provisions of article IV. To the first is essential a village, and
a recorded plat thereof ; that the territory to be organized may be defined. To the
second, only an organized common school district, where territory is already defined,
and which needs no plat for that purpose." 190 Mo. 79.

By "territory attached thereto" is unquestionably meant such territory as may
belong to the school district lying outside of the corporate limits of the city or town.
Under a prior statute, the Supreme Court held that in the formation of a district under
this act, territory belonging to adjacent districts could be attached without the con-
sent of such districts. The present statute does not admit of the dismemberment of
districts in this manner. If it is considered desirable to include in the organization
territory belonging to adjoining districts, the boundary lines must either be changed
in the manner provided in section 10837 before organizing, or in the manner provided
in section 10880, after completing the organization. The best way to secure good graded
rural schools and high schools within reach of the homes of rural boys and girls is to
organize a town or village district under this article and so extend its boundary lines
as to include all districts and territory within five or six miles of the village. The dis-

Revised School Laws. 73

trict could maintain" elementary schools sufficient to put every child under fourteen
within two miles of a good elementary school and one school of higher grade for all
older and more advanced within five miles. The little independent school district with
less than twenty children is too expensive. Consolidate, harmonize, organize and
economize. The law furnishes the opportunity.

Territory embraced in a school subdistrict outside of and adjoining an incor-
porated town may be organized at the same time with that part within the corporate
limits. 64 Mo. 53 ; GO Mo. 540 ; 65 Mo. 587. A school district is a quasi corporation, and
the powers of the corporators and directors are prescribed and limited by statute.
25 A. 85. The territorial form of a school district can be changed only in the manner
pointed out by the statutes. 120 Mo. 67.

Sec. 10866. Board of education, tenure of members of vacancies
in, how filled. The government and control of such town or city
school district shall be vested in a board of education of six members,
who shall hold their office for three years and until their successors
are duly elected and qualified, and any vacancy occurring in said board
shall be filled in the same manner and with like effect as vacancies, oc-
curring in boards of other school districts are required to be filled, and
the person appointed shall hold office till the next annual meeting, when
a director shall be elected for the unexpired term. (R. S. 1899, 9862,
amended, L. 1909, p. 770.)

The establishment and management of public schools of a town school district
ir< vested in the board of directors, and their discretionary powers cannot be controlled
by mandamus. State ex rel. v. Jones, 155 Mo. 570.

Sec. 10867. Election of directors. The qualified voters of the dis-
trict shall, annually, on the first Tuesday of April, elect two directors,
who are citizens of the United States, resident taxpayers and qualified
voters of the district, and who shall have paid a state and county tax
within one year next preceding their election or appointment, who shall
hold their office for three years and until their successors are duly elected
and qualified; and all vacancies in the board shall be filled for the un-
expired term. (R. S. 1899, 9863, re-enacted, L. 1909, p. 770.)

A woman is not eligible to the office of school director. State ex rel. v. Mc-
Spaden, 137 Mo. 628.

Sec. 10868. Organization of board duties of officers, Within
four days after the annual meeting the board shall meet, the newly
elected members be qualified, and the board organized by the election
of a president and vice-president, and the board shall, on or before the
fifteenth day of July of each year, elect a secretary and a treasurer,
who shall enter upon their respective duties on the fifteenth day of
July; said secretary and treasurer may be or may not be members of
the board. No compensation shall be granted to either the secretary
or the treasurer until his report and settlement shall have been made
and filed or published as the law directs. A majority of the board shall
constitute a quorum for the transaction of business, but no contract
shall be let. teacher employed, bill approved or warrant ordered unless a
majority of the whole board shall vote therefor. The president and sec-
retary, except as herein specified, shall perform the same duties and be
subject to the same liabilities as the presidents and clerks of the school
hoards of other districts. (R. S. 1899, 9864, re-enacted, L. 1909, p.
770.)

74 Revised School Laws.

The treasurer of a school district is a public officer, and a suit on his official bond
is barred under section 1890, at the end of three years after the breach of said bond.
State ex rel. v. Harter, 188 Mo. 516. A party who is elected treasurer of school district
before July 15th cannot legally enter into the office until that date, but where he is
elected and before July 15th gives his receipt for funds of district, receives pass book
from bank showing such funds to his credit, he is estopped when sued for on his bond
from denying that he held such funds as treasurer, and that the district was duly
incorporated. State ex rel. v. Dorton, 145 Mo. 305. The directors cannot issue warrants
except when assembled as a board. Kane v. Calhoun, 48 A. 408. .The insertion of the
number of township and range in the bond of the treasurer of town or city school dis-
trict is surplusage, and does not invalidate such bond. State ex rel. v. Delaney, 122
A. 239.

Proceedings of board of school directors must be shown by their record. 48
A. 408; 54 A. 202.

Sec. 10869. Primary and high schools to be established and sites
located. When the demands of the district require more than one pub-
lic school building therein, the board shall, as soon as sufficient funds
haVe been provided therefor, established" an adequate number of primary
or ward schools, corresponding in grade to those of other public school
districts, and for this purpose the board shall divide the school district
into school wards and fix the boundaries thereof, and the board shall
select and procure a site in each newly formed ward, and erect a suitable
school building thereon and furnish the same ; and the board may also
establish schools of a higher grade, in which studies not enumerated in
section 10941 may be pursued and whenever there is within the district
any school property that is no longer required for the use of the dis-
trict, the board is hereby authorized to advertise, sell and convey the
same, and the proceeds derived therefrom shall be placed to the credit
of the building fund of such district. (R. S. 1899, 9865, re-enacted, L.
1909, p. 770.)

Taxpayers cannot enjoin collection of school taxes because directors failed to
establish and maintain ward schools as the law requires, nor can they in such suit
attack the corporate existence of the district. Burnham v. Rogers, 167 Mo. 17 ; Black
v. Early, 208 Mo. 281.

Note Under this section, as amended in 1899, town and city school districts may
establish more than one high school.

See cases cited under section 10866.

Directors have no power to change site of schoolhouse or erect new school-
house on new site without the sanction of the voters of the district. 25 A. 85.

The purpose of the public school laws is twofold, to wit : To establish primary
grade schools sufficient to meet the demands of all children of the district of that
class, and, second, after these primary demands have been met and satisfied, to
establish higher grade schools within the limits of the school fund provided and
available. 155 Mo. 571.

Sec. 10870. Town, city or consolidated school districts how dis-
organized. Any town, city or consolidated school district heretofore
organized under the laws of this state, or which may be hereafter
organized, shall be privileged to disorganize or abolish such organization
by a vote of the resident voters and taxpayers of such school district, first
giving fifteen days' notice, which notice shall be signed by at least ten
qualified resident voters and taxpayers of such town, city or consolidated
school district; and there shall be five notices put up in five public places
in said school district. Such notices shall recite therein that there will be

Revised School' Laws. 75

a public meeting of the resident voters and taxpayers of said school dis-
trict at the schoolhouse in said school district, and at said meeting, if
two-thirds of the resident voters and taxpayers of such school district-
shall vote to dissolve any such town, city or consolidated school district,
then from and after that date the said town, city or consolidated school
district shall be dissolved, and the same territory included in said school
district may be organized into a common school district under article
III of this chapter. (Laws 1901, p. 246, amended, L. 1909, p. 770.)

A town or city school district lying partly in two counties cannot be dissolved or
divided under the provisions of section 10842. State ex rel. v. Fry, 186 Mo. 198.

Sec. 10871. Duties, restrictions and liabilities of boards. The

board of education of any town, city or consolidated school district
shall, except as herein provided, perform the same duties and be sub-
ject to the same restrictions and liabilities as the boards of other school
districts acting under the general school laws of the state: Provided,
however, that in cities, as hereinafter specified, the board of education
shall have power to establish and maintain a library for the use of the
public school district therein, and to appropriate such sums as they may
deem proper for the support thereof, not to exceed in any one year two
thousand five hundred dollars for cities of twenty thousand and under
one hundred thousand inhabitants, and not to exceed five hundred dollars
for cities of five thousand and under twenty thousand inhabitants, and
not to exceed two hundred and fifty dollars for cities of one thousand and
under five thousand inhabitants the population to be determined by the
last United States or municipal census. (R. S. 1899, 9866, re-enacted,
L. 1909, p. 770.)

Sec. 10872. Corporate seal school term. The board shall keep
a common seal with which to attest its official acts. The board shall
have power and they are required to continue the public schools in their
respective districts for a period of not less than eight nor more than
ten months, excepting in schools in which the board of directors desires
to extend such term for the purpose of physical training, under an
instructor, for which purpose such term may be extended to not more
than eleven months, when the effects of such continuance will not in-
crease the total estimate for school purposes to an amount exceeding
forty cents on the hundred dollars' assessed valuation of the taxable
property of the district, unless duly ordered in compliance with the pro-
visions of section 10796, fifteen days' notice having been given that such
increase would be voted upon. (R. S. 1899, 9867, amended, L. 1909,
p. 770.)

Sec. 10873. Bond of treasurer. The treasurer, before entering
upon the discharge of his duties as such, shall enter into a bond to the
state of Missouri, with two or more sureties, to be approved by the board,
conditioned that he will render a faithful and just account of all money
that may come into his hands as such treasurer, and otherwise perform
the duties of his office according to law said bond to be filed with the
secretary of the board; and thereafter said treasurer shall be the custo-
dian of all school moneys derived from taxation for school purposes in
said district until paid out on the order of the board, and on breach of the

76 Revised School Laws.

conditions of said bond, the secretary of such board, or any freeholder,
may cause suit to be brought thereon, which suit shall be prosecuted in
the name of the state of Missouri, at the relation and to the use of the
proper school district. (R. S. 1899, 9868, re-enacted, L. 1909, p. 770.)

Suits on treasurer's official bond are barred in three years under the provisions of
section 4525. State ex rel. v. Harter, 188 Mo. 516.

Sureties on treasurer's bond remain liable so long as he continues to hold the
office, though that be beyond the period for which he is elected. 72 Mo. 648; 48 A. 408.

Sec. 10874. Liability of treasurer for sinking fund and interest-
compensation. The treasurer of the board shall be the custodian of
all moneys collected for liquidating any bonded indebtedness and in-
terest on the same, and shall be responsible on his official bond for the
safekeeping and proper appliance of such sinking fund and interest as
may be by him received, and also for any loss incurred or damage re-
sulting from his failure to burn any and all redeemed bonds ; as required
in section 10781 ; he shall promptly pay the interest on bonds when due,
and pay off, cancel and burn the bonds as rapidly as possible; and he
shall receive as full compensation for his services under this section not
to exceed one per cent, on amount by him paid out in the redemption of
bonds and payment of interest on same. (R. S. 1899, 9869, amended,
L. 1909, p. 770.)

See cases cited under section 10873.

Sec. 10875. District moneys to be paid to treasurer. Whenever
any state or county school money apportioned to any town, city or con-
solidated school district shall have been paid to any county or township
treasurer, as now provided by law, the same shall, on the application of
the treasurer of said town, city or consolidated school district, be paid
over to him by said county or township treasurer, and the receipt of any
such school district treasurer for said money shall be a lawful voucher for
the disposition of said money by said county or township treasurer,
and be accepted as such by the county court or other body or person
having authority by law to make settlements with said county or town-
ship treasurer. (R. S. 1899, 9870, amended, L. 1909, p. 770.)

Sec. 10876. Settlement of treasurer. The treasurer of the board
of education of any town, city or consolidated school district shall, an-
nually, between the first and fifteenth of July, settle with the board
of education, and account to said board for all school moneys or funds
received, from whom and on what account, and the amount paid out for
school purposes in such town, city or consolidated school district, which
settlement, if found correct by said board of education, shall be approved
by said board; and when the said settlement is thus approved, it is
hereby made the duty of said treasurer to present his settlement to the
clerk of the county court of said county, and the said clerk shall make a
careful examination of the said settlement, and, if found correct, he shall
certify the same, which certificate shall be prima facie a discharge of
such liability of the treasurer for the funds expressed in the vouchers ; and
at the expiration of his term of office said treasurer shall deliver over to
his successor in office all books and papers, with all moneys or other
property in his hands, and also all orders he may have redeemed since

Revised Scliool Lawn. 77

his last animal settlement with the board of education and with the
county clerk, and take the duplicate receipts of his successor therefor,
one of which he shall deposit with the secretary of said board of educa-
tion and the other with the clerk of said county court. (R. S. 1899,
9871, amended, L. 1909, p. 770.)

See cases cited under section 10873.

Sec. 10877. Duties of county clerk how paid. The clerk of the
county court of such county shall perform the same duties under this
law, not herein specified, as shall be required by law to perform in
relation to the state and county taxes in said county, and shall receive
like compensation therefor, the same to be paid by the county treasurer
upon warrant issued by the county court. (R. S. 1899, 9872, re-
enacted, L. 1909, p. 770.)

Sec. 10878. Duties of collectors. The county or township col-
lector shall pay over to the treasurer of said board of education all
moneys received and collected by him to which said board is entitled
at least once in every month ; and upon such payment he shall take
duplicate receipts from said treasurer, one of which he shall file with
the secretary of said board of education, and the other shall be filed in
his settlement with the county court. (R. S. 1899, 9873, re-enacted,
L. 1909, p. 770.)

Sec. 10879. Regulations governing elections at annual meetings.
The qualified voters of such town, city or consolidated school district
shall vote by ballot upon all questions provided by law for submission
at the annual school meetings, and such election shall be held on the
first Tuesday in April of each year, and at such convenient place within
the district as the board may designate, beginning at 7 o'clock a. m.
and closing at 6 o'clock p. m. of said day. The board shall appoint three
judges of election, and said judges shall appoint two clerks; said judges
and clerks shall be sworn and the election otherwise conducted in the
same manner as the elections for state and county officers, and the result
thereof certified by the- judges and clerks to the secretary of the board
of education, who shall record the same, and, by order of said board, shall
issue certificates of election to the persons entitled thereto ; and the re-
sults of all other propositions submitted must -be reported to the secre-
tary of the board, and by him duly entered upon the district records. All
propositions submitted at said annual meeting may be voted for upon one
and the same ballot, and necessary poll books shall be made out and
furnished by the secretary of the board: Provided, that in all cities
and towns having a population exceeding two thousand and not exceed-
ing one hundred thousand inhabitants, said elections shall be held at the
same time and places as the election for municipal officers, and the judges
and clerks of such municipal election shall act as judges and clerks of
said school election, but the ballots for said school election shall be upon
separate pieces of paper and deposited in a separate ballot box kept for
that purpose. Should such school district embrace territory not included
in the limits of such city or town, the qualified voters thereof may vote
at such voting precinct as they would be attached to, provided the ward
lines thereof were extended and produced through such adjoining terri-

78 Revised School Laws.

tory. All school districts in cities, towns and villages in this state which
are now or which may hereafter be under special charter shall hereafter
hold their annual school elections on the first Tuesday in April, and the
members of the boards of education now serving in such districts shall
continue to serve until the first Tuesday in April next following the
expiration of the terms for which they were elected or appointed, and
until their successors are elected and qualified. (R. S. 1899, 9874,
amended, L. 1909, p. 770.)

Sec, 10880. Annexation to town and city districts. Whenever an
entire school district, or a part of a district adjoining any city, town or
village school district, desires to be attached thereto for school purposes,
upon the reception of a petition setting forth such fact and signed by ten
qualified voters of such district, the board of directors thereof shall order
a special meeting for said purpose by giving notice as required by section
10844. Should a majority of the votes cast favor such annexation, the
secretary shall certify the fact, with a copy of the record, to the board
of said district and to the board of said city, town or village school dis-
trict; whereupon the board of such city, town or village district shall
meet to consider the advisability of receiving such territory, and should
a majority of all the members of said board favor such annexation, the
boundary lines of such city or town school district shall from that date
be changed so as to include said territory, and said board shall im-
mediately notify the clerk of said district which has been annexed, in
whole or in part, of its action. In case an entire district is thus annexed,
all property and money on hand thereto belonging shall immediately
pass into the possession of the board of said city or town school district ;
but should only a part of a district be annexed thereto, said part shall
relinquish all claim and title to any part of the school property and
mloney on hand belonging to said original district, and that portion of the
district remaining must contain within its limits thirty children and
thirty thousand dollars assessed valuation, or thirty children and nine
square miles of territory. The voting at said special school meeting
shall be by ballot, as provided for in section 10865, and the ballots shall
be ' ' for annexation ' ' and ' ' against annexation, ' ' when the whole district
is to be annexed, but if only a part is to be annexed, the ballots shall read
"for release" and "against release." (R. S. 1899, 9875, amended, L.
1909, p. 770.)

This section does not apply to cities having 50,000 and less than 300,000 in-
habitants. School District v. District, 184 Mo. 140. This section is constitutional.
Sharp v. Miller, 65 Mo. 50. Before a vote can be taken to annex all or part of a
common school district to a town or city district, the directors of such common school
district must meet and order such election, and unless the clerk's record shows such
election was so ordered the annexation is void. State ex rel. v. Lockett, 54 A. 202.

Board of special school district, power to extend limits. 65 Mo. 50. How right
of annexation may be exercised. 68 A. 397.

Sec. 10881. Change of boundary lines and division of property*

All the provisions of section 10837, relating to the changes of boundary
lines of common school districts, and all the provisions of section 10839
and 10840, relating to the division of property between common school
districts, shall apply to town, city and consolidated districts. (Laws
1907, p. 426, amended, L. 1909, p. 770.)

Revised School Laws. 79

Sec. 10882. Annexation to school district when corporate limits
are extended. Whenever, by reason of the limits of any city, town or
village being extended, a portion of the territory of any school district
adjacent thereto has been incorporated in the town or city school dis-
tricts, the inhabitants of such remaining parts of districts shall have the
right to be annexed to such town or city school district : Provided, that
when such part of a school district desires to be so annexed, an election
shall be held at a special meeting, as provided in section 10880, and should
a majority of the votes cast favor annexation, the secretary shall certify
the fact, with a copy of. the record, to the board of said district, and to
the board of said town or city school district; whereupon the board of
such town or city school district shall meet and confirm such annexation
by a proper resolution of record ; and provided, that when such part of a
school district has no organization, any ten qualified voters may call a
meeting of the district and proceed as provided in the foregoing section ;
and the secretary of such meeting shall certify, if the majority vote for
annexation, to the board of directors of the town or city school district,
and the same action shall be taken as provided above. The remaining
portion of such district shall be entitled to be attached to said town or
city school district : Provided, that the school population of said adjoin-
ing district has been reduced to a smaller number than that required by
law, or the territory has been reduced to less than nine square miles;
and whenever such adjoining fractional district shall desire to be so
annexed, a petition or memorial shall be presented to the town or city
school district, informing the board of directors of the same of their
desire to be annexed, and giving the boundary of the fractional district
desired to be annexed, the number of inhabitants in the same, and the
number of children of school age; whereupon the board of education
of such town or city school district shall take such action for the incor-
poration of such adjoining territory as is required to be taken when
territory has been annexed, as provided in section 10880: Provided,
however, that where a portion of one or more school districts adjacent
to such town or city school district, and adjacent to each other, have been,
by reason of the extension of the limits of such city, deprived of the neces-
sary school population or territory to enable them to maintain their
school district organization, they shall have a right to elect, first, to
become a part of said town or city school district ; or, second, to continue
as a separate school district; and for the purpose of such election, the
qualified voters of such districts shall call a special meeting and pro-
ceed to vote on such proposition, as provided in section 10880; and
provided, if the said fractional part of a district has no board of direct-
ors remaining, a majority of the qualified voters of said fraction of a
district may call such special meeting, and if a majority of the qualified
voters present and voting at said meeting vote favorable to either of said
propositions, a certified copy of the proceedings of such meeting shall be
delivered to the board of directors of the school district to which they
vote to be attached, and such board of directors shall take such steps
as necessary and lawful to perfect the annexation as decided by said
election. (R. S. 1899, 9876, amended, L. 1909, p. 770.)

80 Revised School Laws.

This section has no application to school district containing a city of 50,000 to
300,000 inhabitants. School District v. District, 184 Mo. 140.

This act of April 11, 1895, is applicable to the extension of the city limits made
prior to said date, and a portion of a school district lying adjacent to such city dis-
trict ipso facto became a part of the city district ' the act is not retrospective in the
constitutional sense, and the remaining portion of the adjoining district not so an-
nexed by said act is entitled to be annexed.

The right of annexation may be exercised as follows:

(1) When the fractional district has an organization and the territory and the
school population required by. law.

(2) When such district has no organization, but has the territory and school
population required by law.

(3) When it has an organization and school population, but not the territory
required by law.

(4) When it has the territory, but not the organization, nor the population
required by law. 68 A. 397.

Sec, 10883. Consolidated districts how formed. Three or more
common school districts, or a village district having less than two hun-
dred children of school age by last enumeration, together with two or
more adjoining districts, may be consolidated into a new district for the
purpose of maintaining both primary schools and a high school by
proceedings had in accordance with the provisions of section 10837.
When such new district is formed it shall be known as "Consolidated

district No of

county, ' ' and shall organize at a special meeting within

fifteen days after the formation thereof; such organization and the gov-
ernment of such consolidated district shall be under and in compliance
with the laws governing town and city school districts as provided in
article IV of this chapter. (Laws 1901, p. 249, amended, L. 1909, p.
770.)

Note The law does not contemplate that consolidated districts be numbered in
the same manner provided for numbering common school districts in section 10834, but
when a new consolidated district is formed it should "not be given the same name or
number as another consolidated district already in existence.

This law enables three or more school districts, one of which may be a village dis-
trict with six directors, to unite and form a new district. This must be done at the
annual school meeting by posting notices as in case of change of boundary line. The
districts vote separately on the question of consolidation. If all districts affected vote
"for consolidation" the new district is formed. If one or more districts vote for and
one or more vote against, the matter should be appealed to the county superintendent
and by him referred to a board of arbitration. The new district will be under the
six-director system, and may maintain a high school and as many lower grade schools
as the board of directors may determine.

The first meeting of the newly created district should be called in the manner
provided for in section 10843, and when assembled the organization should be effected
as provided for in section 10865.

Sec. 10884. Employment of members of board publication of
financial report. No member of any public school board of any city,
town or village in this state having less than twenty-five thousand in-
habitants shall hold any office or employment of profit from said board
while a member thereof except the secretary and treasurer, who may
receive reasonable compensation for their services : Provided, the com-
pensation of the secretary shall not exceed one hundred and fifty dol-

Hrhool Laws. 81 '

lars, and that of the treasurer shall not exceed fifty dollars for any one
year; and provided further, that it shall be the duty of each of said
boards, and of the boards of directors in other school districts in this
state having graded schools, to make and publish, annually, on or before
the 15th day of July in each year, in some newspaper published in such
school district, and if there be no newspaper, published therein, then by
written statements posted in five public places in such districts, a detailed
statement of all receipts of school moneys, when and from what source
derived, and of all expenditures, and on what account ; also, the present
indebtedness of the district and its nature, and the rate of taxation for
all school purposes for the year ; which said statement, so required to
be made and published, shall be duly attested by the president and sec-
retary of the board, and the secretary shall forward a copy of said re-
port to the state superintendent of public schools at Jefferson City.
And any board of education or board of directors who shall fail, refuse
or neglect to order such statement to be made, and any officer of said
board who shall fail, refuse or neglect to prepare such statement and
publish and forward the same, as required by the foregoing provisions
of this section, when ordered by such board, shall be guilty of a mis-
demeanor and punishable by a fine not to exceed one hundred dollars.
(R. S. 1899, 9879, re-enacted, L. 1909, p. 770.)

The department of education sends out a blank for the report contemplated by
this section. Secretaries of school boards should make this report promptly between
the 1st and 15th days of July in each year, and thus avoid unnecessary correspondence.

Sec. 10885. Boards may accept gifts for libraries. The board of
education shall have power to accept and receive gifts and devises for
the erection and endowment of libraries and for the purchase of books,
and to invest the same, and to loan such endowment fund upon the
same security and in the same manner as required by law for the county
or capital school fund. (R. S. 1899, 9879, re-enacted, L. 1909, p. 770.)

A note of donor, payable to district at a future date, is ordinarily not a valid gift
and not collectible, but when the district has made large expenditures on the faith
that such note will be paid before executors of donor repudiate same, it can be col-
lected. School District v. Sheidley, 138 Mo. 672.

Sec. 10886. Depositories of school moneys. The board of educa-
tion of city, town and consolidated school districts in this state shall
select depositories for the funds of such school district in the same manner
as is provided by law for the selection of county depositories ; and they
may loan any moneys held for the payment of outstanding bonds upon
the same terms and upon the same conditions as provided by law for
loaning county and school moneys. (R. S. 1903, p. 269, re-enacted, L.
1909, p. 770.)

S L 6

Revised School Lawn.

ARTICLE V.

LAWS APPLICABLE TO CERTAIN SCHOOL DISTRICTS.

SECTION

10887. Boards may loan sinking fund,

when and how.

10888. Boards in certain cities to pur-

chase site, when.

10889. Board of education may estab-

lish night schools, when.

10890. Districts may be annexed in cer-

tain cases.

10891. Id. Procedure.

SECTION

10892. Election to be held to be con-

ducted, how.

10893. Proceedings if proposition to an-

nex carries.

10894. Maintenance of library.

10895. Delinquent, dependent and neg-

lected children, where sent to
school.

Sec. 10887. Boards may loan sinking fund, when and how.
Whenever any school district in any county in this state, which now
has or hereafter shall adopt township organization, shall accumulate
a sinking fund for the payment of district indebtedness, the board of
directors of such school district shall have the power to loan such sink-
ing fund for such length of time as they shall deem proper, such time
not to extend beyond the maturity of the district's indebtedness. Said
board shall not loan said money for a less rate of interest than four per
cent, per annum, nor for a greater rate than eight per cent, per annum.
The security which shall be required shall be unincumbered real estate
of at least double the value of the amount loaned, and, in addition, the
borrower may, if the board deem it necessary, be required to give a note
or bond, with one or more solvent sureties, to be approved by the board
of school directors, payable to the school district making the loan ; which
note or bond shall.be described in and secured by the deed of trust or
mortgage on the real estate given as security. (R. S. 1899, 9791,
amended, L. 1909, p. 770.)

While it is improper to loan school money on a second mortgage, such mortgage
is not invalid. Sharp v. Collins, 74 Mo. 266.

Sec. 10888. Boards in certain cities to purchase site, when. In
all such school districts as are mentioned in article IV of this chapter,
that have a population exceeding five thousand and not exceeding one
hundred thousand inhabitants, the board of education of such school dis-
tricts shall have full power, by an affirmative vote of not less than two-
thirds of all the members of such board, to locate and direct and author-
ize the purchase of sites for schoolhouses, libraries and school offices,
and, by a like vote, to direct and authorize the sale of any real estate or
other property belonging to such school districts; and if two-thirds of
the members of such board shall authorize and direct the sale of such
real estate, the same shall be entered of record by the secretary, together
with the terms of such sale, and the president of such board shall, in the
name of such board, execute the necessary deed or deeds of conveyance
to the purchaser or purchasers thereof ; which said deeds of conveyance
shall be by him acknowledged as other deeds conveying real estate are by
law required to be acknowledged. (R. S. 1899, 9878, re-enacted. L.
1909, p. 770.)

Revised School Taws. 83

Sec. 10889. Board of education may establish free night schools,
when. The board of education in school districts organized under
the provisions of article IV, article XII or article XIII of chapter 106
of the Revised Statutes of 1909, upon the receipt of a petition signed
by fifty or more freeholders requesting such action, are hereby authorized
and empowered to establish and maintain free night schools, to make
all necessary rules and regulations therefor, to fix the rates for tuition of
pupils above the age of twenty years and of such others as are not en-
titled to receive free public school privileges in the district in which sucli
school is maintained, and to have general charge and control over such
school : Provided, that such boards of education may grant the use of,
or lease, any of the public school buildings in their respective districts
to any responsible party or parties for the purpose of conducting a free
night school therein : Provided, however, that when the use of a school
building is granted or leased for the above named purpose, it shall be
the duty of the party or parties using it to keep it clean and in good re-
pair and to leave it in as good condition as it was when they took charge
of it: Provided further, that should the party or parties so using the
said school building fail to comply with the provisions of this section, the
board of education of such district shall refuse them further use of it
until said provisions are complied with. (Laws 1909, p. 849.)

Sec. 10890. Districts may be annexed in certain cases. When-
ever a city school district now having or which may hereafter attain
a population of more than one hundred thousand and less than three
hundred thousand inhabitants shall adjoin a city school district having
a population of less than one hundred thousand inhabitants, and the
school district containing the larger population shall desire to extend its
boundary lines so as to embrace the territory of the district having the
lesser population, together with the territory which may be attached
thereto for school purposes, such extension may be accomplished in the
manner hereinafter in sections 10890 to 10895 prescribed. (R. S. 1899,
9952.)

Sec. 10891. Id. Procedure. The board of directors of the dis-
trict having the greater population shall adopt a resolution expressive
of the desire of their said district to extend its limits so as to embrace
the territory of the district having the lesser population, together with
the territory which may be attached thereto for school purposes, and
requesting the board of directors of such smaller district to order a special
election in said district for the purpose of submitting to the qualified
voters thereof a proposition for such extension, and shall cause to be
delivered to the president of the board of directors of such smaller
district a copy of such resolution, certified by the secretary of the board.
(R. S. 1899, 9953.)

Sec. 10892. Election to be held to be conducted, how. Within
thirty days after the delivery of a copy of said resolution to such presi-
dent, the board of directors of such smaller district shall, by resolution,
order a specal election to be held in such district, at which shall be
submitted to the qualified voters of the district the question whether
said district, with the territory attached thereto for school purposes,

84 Revised School Laics.

shall be annexed to and become a part of the district having the
greater population. The board of directors shall by such resolution fix the
time and designate the places at which such special election shall be held,
and the number of the places so designated shall not be less than one in
each city ward in the district. Printed notices, signed by the president and
secretary of the board, stating the purpose of the election, and the time
and places at which it will be held, shall be posted in at least ten public
places in the district at least twenty days before the day of election. The
election shall begin at seven o'clock a. m., and close at six o'clock p. m.
The board of directors shall appoint three judges of election for each
polling place and the judges at each polling place shall appoint two
clerks. The judges and clerks shall be sworn, and the election, except
as herein otherwise provided, shall be conducted in the same manner as
elections under article II, chapter 43 of the Revised Statutes of 1909.
Should such school district embrace territory not included in the limits of
a city, the qualified voters thereof may vote at such voting precinct as
they would be attached to : Provided, the lines thereof were extended
and produced through such adjoining territory. The voting shall be by
ballot. Those voting in favor of such annexation shall have written or
printed on the ballots ' ' for annexation ; ' ' and those voting against such
annexation the words " against annexation." The ballots, necessary
poll books and one ballot box for each voting place shall be furnished
by the board of directors. Immediately after the close of the election
the ballots shall be counted, and the ballots, after being counted, shall be
sealed up in a package and delivered to the secretary of the board of
directors, who shall deposit them in his office, where they shall be safely
preserved for twelve months, and said secretary shall not allow the same
to be inspected unless in case of a contested election or the same become
necessary to be used in evidence, and then only on the order of the
proper court or the judge thereof in vacation, under such restrictions
for their safe-keeping or return as the court or judge making the order
may deem necessary; and at the end of twelve months such secretary
shall publicly destroy the same by burning. The result of the election
shall be certified by the judges and clerks to the secretary of the board
of directors, who shall report the same to* the board, which shall order
the same duly entered on the records in which are preserved the minutes
of the proceedings of the board. With the certificates as to such results,
the judges shall also deliver to the secretary of the board of directors the
poll books and the ballot boxes used at such special election. (R. S.
1899, 9954.)

Sec. 10893. Proceedings if proposition to annex carries. If at
such election a majority of the votes cast favor such annexation, the
board of directors of such smaller district shall, within thirty days after
the election, adopt a resolution declaring the result of the election to be
in favor of such annexation, and deliver to the board of directors of the
larger district a copy of such resolution, whereupon the board of directors
of the larger district shall, within fifteen days after such delivery, adopt
a resolution declaring that the boundary lines of such larger district are
extended so as to embrace the territory of such smaller district, together

Revised School 'Laivs.

with the territory which may have been attached thereto for school pur-
poses. Upon the adoption of such resolution, such extension and annex-
ation shall be complete, and the corporate existence of such smaller dis-
trict shall, ipso facto, cease, and the smaller district, together with the
territory which may have been attached thereto for school purposes be-
come annexed to and be a part of such larger district, and all property
and rights of every kind and nature belonging to and vested in such
smaller district shall, by operation of law,' at once pass to and vest in
the larger district; and it shall be the duty of all officers and employes
of such smaller district, having custody or control thereof, to surrender
and deliver the same to such larger district, and the larger district shall
also, by operation of law, become liable to pay all the debts and liabilities
of such smaller district. (R. S. 1899, 9955.)

Sec. 10894. Maintenance of library. Should there be in such
smaller district a library building, and a library established therein,
the board of directors of the larger district, after such annexation shall
have been accomplished, shall have the power, if they shall deem it
for the best interests of the district, to maintain such building and
library, and to appropriate to its support and maintenance such sums
as they may deem proper. (R, S. 1899, 9956.)

Sec. 10895. Delinquent, dependent and neglected children, where
sent to school. The boards of managers of houses of refuge, houses
of correction, orphan asylums, or any public institutions having charge
of delinquent or dependent and neglected children, in cities now having
or which may hereafter have one hundred thousand inhabitants or over,
shall have power to arrange with the public school authorities of such
cities for the education, schooling, instruction and training of such
children. (Laws 1905, p. 301.)

ARTICLE VI.

COMPULSORY ATTENDANCE OF CHILDREN.

SECTION

10896. Parents and guardians required

to send children to school.

10897. Child may be excused temporari-

ly, when.

10898. Attendance officers, how ap-

pointed duties.

10899. Teachers to be furnished enu-

meration list.

10899a. Superintendent to be furnished
names of parents or guardians
of children not complying with

SECTION

sec. 10896 superintendent to
file same with prosecuting at-
torney prosecuting attorney to
proceed.

10900. Truant or parental schools.

10901. Parents and guardians to be

warned penalty.

10902. Public notice of this act to be

given.

10905. Violations of this act, how prose-
cuted.

Sec. 10896. Parents and guardians required to send children to
school. Every parent, guardian or other person in the state of Mis-
souri having charge and control of a child between the ages of eight
and fourteen years sliall cause such child to attend regularly some day
school, public, private, parochial or parish not less than three-fourths
of the entire time the school which said child attends is in session, or

86 Revised School Laws.

shall provide such child at home with such regular daily instruction
during the usual hours as shall be, in the judgment of a court having
competent jurisdiction, substantially equivalent at least to the instruc-
tion given children of like age at said day school in the locality in which
the child resides: Provided, that every parent, guardian or person in
the state of Missouri having charge and control of a child between the
ages of fourteen and sixteen years, who is not actually and regularly
and lawfully engaged in some useful employment or service, shall cause
said child to attend regularly some day school as aforesaid. (Laws 1905,
p. 146, amended, L. 1909, p. 847.)

Sec. 10897. Child may be excused temporarily, when. A child
between the ages aforesaid may be excused temporarily from complying
with the provisions of sections 10896 to 10905, inclusive, in whole or in
part, if it can be shown to the satisfaction of a court of competent
jurisdiction that said parent, or guardian, or person having charge or
control of said child, is not able, through extreme destitution, to provide
or obtain in any way proper clothing for said child ; or that said child is
mentally or physically incapacitated to attend school for the whole
period required, or any part thereof, or that there is no public school
taught within two and one-half miles of the residence of said child by
the nearest traveled road, or that said child has completed the common
school course as prescribed by constituted authority, or its equivalent,
and has received a certificate of graduation therefrom." (Session Acts
1911.)

Sec. 10898. Attendance officers, how appointed duties. The
board having charge of a public school in a city or district of one thou-
sand or more population by the last census shall appoint and remove at
pleasure one or more attendance officers to enforce the provisions of sec-
tions 10896 to 10905 inclusive, and shall fix the compensation and manner
of performance of the duties of said attendance officer, and shall pay
them from the public school fund;. and the attendance officer, as afore-
said, shall serve written or printed notices upon the parents, or guard-
ians, or persons who, having charge and control of children as aforesaid,
violate the provisions of said sections; shall, when reasonable doubt
exists as to the age of such child, require a properly attested birth certifi-
cate or an affidavit stating such child's age, date of birth and physical
characteristics; shall have the right to visit and enter any office or
factory or business house employing children as aforesaid ; shall have the
right to require a properly attested certificate of the attendance of any
child or children at such day school ; shall have power to arrest, without
warrant, all truants non-attendants as aforesaid and place them in some
public school, unless the parents or guardians, or persons in charge and
control of such children, respectively, shall at once place them in some
other day school as aforesaid; and shall serve the legal notices and sub-
poenas of the court and make such required arrests in the cases which
they prosecute without further fee or compensation than that paid by
the board, as aforesaid, and shall carry into effect such other regulation
as may lawfully be required by the board appointing them. (Laws 1905,
p. 146, amended, L. 1909, p. 847.)

Revised School Laws. 87

Sec. 10899. Teachers to be furnished enumeration list. It shall
be the duty of the secretary of the board in city, town and village schools,
and of the clerk of the board in other districts, to furnish the teacher
at the beginning of the term with a copy of the last enumeration of the
district. The teacher shall compare this list with the enrollment and re-
port to the attendance officer at the end of each week during the first
month, and as often thereafter as necessary, the names of all non-attend-
ants between the ages of eight and sixteen. (Laws 1909, p. 847.)

Sec. 10899a. Superintendent to be furnished names of parents or
guardians of children not complying with section 10896 superintend-
ent to file same with prosecuting attorney prosecuting 1 attorney to
proceed. It shall be the duty of the secretary of board in city, town
or village schools, and of the clerks of the board in other districts, to
file with the county superintendent on or before the end of each of the
first three quarters of any school term the names of parents, guardian
or other persons having control of children in his district who are not
complying with the provisions of section 10896 of this article. The
county superintendent shall immediately make an investigation and
if he finds that the parents, guardians or other persons having charge
of such children are carelessly and negligently refusing to comply with
section 10896 of this article he shall file with the prosecuting attorney
such information as he may possess touching upon this question. The
prosecuting attorney shall proceed as in any misdemeanor case. (Ses-
sion Acts 1911.)

Sec. 10900. Truant or parental schools. The board having charge
of the public schools of any district now having, or which may hereafter
have, 10,000 inhabitants or more, may establish and maintain from the
public school funds one or more special truant or parental schools in
such city or district for children who are either habitual truants from
any day school in which they are enrolled as pupils, or who, while in
attendance at any school are incorrigible, vicious, or immoral, or
who habitually wander or loiter about the streets or roads, or other
public places without lawful employment, or who, in the opinion of
such board or of its superintendent of instruction, require special at-
tention and instruction; all such children may by said school board,
through its officers, be assigned to and required and compelled to at-
tend such special truant or parental school, or any department of the
graded schools as such board may direct ; and any such board of edu-
cation may also establish and maintain from the public school funds,
either within or without its district, a parental school for the care
and education of any child resident of said school district adjudged to
be a delinquent and committed to it by any court of competent juris-
diction therein: Provided, however, that for every such delinquent
child thus committed to such school there shall be paid to such board
of education out of the treasury of said city or county the sum of
ten ($10.00) dollars per month for the support, maintenance, clothing
and other expenses of such child from the time of its entrance into
said school until its discharge therefrom. (Session Acts, 1911.)

Sec. 10901. Parents and guardians to be warned penalty. Any

88 Revised School Laws.

parent or guardian or person who, having charge and control of a
child between the ages of eight and sixteen years, violates any pro-
visions of sections 10896 to 10905, inclusive, shall be warned as aforesaid
as soon as possible after the beginning of the public school term of the
city or town district in which such child resides, and also at any time
thereafter, by the attendance officer herein provided for, or by clerk of
district when no attendance officer is provided for, to place and keep
said child in regular attendance at some day school within ten days from
the service of said written or printed notice of warning, and upon failure
to comply with said sections after a lapse of ten days from the date of
the service of said notice of warning, said parent or guardian, or person
having charge and control of said child shall be deemed guilty of a mis-
demeanor and, upon conviction thereof, shall pay a fine of not less than
ten dollars and not more than twenty-five dollars, or be imprisoned for
not less than two days and not more than ten days, or both such fine and
imprisonment : Provided, that said sentence of fine or imprisonment, or
both, may be suspended and finally remitted by the court with or with-
out the payment of costs at the discretion of the court if the said child
be immediately placed and kept in regular attendance in some day school
as aforesaid, and if such fact of regular attendance is proven subsequent-
ly to the satisfaction of said court by a properly attested certificate of
attendance by the superintendent or teacher of said day school. (Laws
1905, p. 146.)

Sec. 10902. Public notice of this act to be given. Every board
having charge of the public schools of any city or town or district in
the state of Missouri shall, each year, publish a synopsis of sections
10896 to 10905, inclusive, ten days prior to the opening of school in a
newspaper published in the city or town district in which the members
thereof reside, or shall post copies thereof in five or more public places
in the district as will in their judgment best give knowledge thereof.
(Laws 1905, p. 146.)

Sec. 10905. Violations of this act, how prosecuted. Prosecutions
under sections 10896 to 10905 shall be brought in the name f the state
of Missouri, before any court of record having competent jurisdiction
in cities having fifty thousand population or more, and before any
court having competent jurisdiction in other districts, and the fines
collected shall be paid over to the county treasurer and be credited to
the permanent school fund of the county or city, (Laws 1905, p. 146.)

The following notice should be posted in five public places ten days before school
opens each year. Printed notices will be supplied by State Superintendent to county
superintendents :

NOTICE TO PARENTS AND GUARDIANS.

PROVISIONS OF COMPULSORY ATTENDANCE LAW.

(Approved April 11, 1905.)

1. Every child between 8 and 14 years old and between 14 and 16, when not
regularly employed, must attend some day school at least three-fourths of the term
each year.

2. No child can be excused on promise to attend ; he must attend first three-
fourths of term before being excused on that account.

Revised School Laws.

3. Courts having jurisdiction (justice of the peace in rural districts and in cities
having less than 50,000 population) may excuse children from attending school for
following reasons: (1) parents cannot supply proper clothing; (2) child is mentally
or physically unable to attend; (3) no public school in two and a half miles of the
home; (4) labor of child is necessary to support family; (5) child has completed the
common school course.

4. No child between 8 and 14 can be employed in mine, factory, workshop or store
unless excused for one of the five reasons or has statement from teacher that he has
already attended three-fourths of the term for that school year.

5. It is the duty of attendance officers and district clerks to notify parents and
guardians when children fail to comply with the provisions of the law.

6. The penalty for non-attendance falls on parent or guardian, and it is a maxi-
mum fine of $25 or imprisonment for ten days, one or both.

7. For illegal employment of a child, the employer is subject to a fine of fifty
dollars and costs.

8. Every school board shall publish this synopsis in newspaper of the district or
post in five public places ten days before school opens each year.

See, also, sections 1716-1726 under important sections bearing on school law.

ARTICLE VII.

STATE SUPERINTENDENT.

SECTION
10918. State

superintendent election
and term of office.

10919. Bond and qualification.

10920. Powers and duties.

10921. May employ chief clerk.

10922. Annual report of state superin-

tendent shall inspect schools.

SECTION

10923. Classsification of high schools

work to be accredited.

10924. High school inspection by state

superintendent.

10925. Blanks for reports.

10926. Restrictions and penalties.

10927. Reports to state superintendent.

10928. Disposition of reports.

Sec. 10918. State superintendent election and term of office.

There shall be elected by the qualified voters of this state, at the next
general election for state and county officers, and every four years there-
after, a state superintendent of public schools, who shall enter upon the
discharge of his duties on the second Monday of January next following
his election, and hold his office for the term of four years and until
his successor is elected and qualified. The election of said superintend-
ent and the returns thereof shall be the same in all respects as provided
for the election of other state officers ; and in case of vacancy occurring
in said office, by death, resignation or otherwise, the governor shall fill
the same by appointment, who shall hold his office until the next general
election. (R. S. 1899, 9854, re-enacted, L. 1909, p. 770.)

Sec. 10919. Bond and qualification. Before entering upon the
discharge of his official duties, the said superintendent shall give bond
in the penal sum of ten thousand dollars to the state of Missouri, with
two or more sureties, to the acceptance of the secretary of state, con-
ditioned that he will truly account for and apply all moneys or other
property which may come into his hands, in his official capacity, for
the use and benefit of public schools, and that he will faithfully perform
the duties enjoined upon him by law; and he shall take and subscribe
the oath or affirmation required by the Constitution of tl\e state, and

90 Revised School Laws.

diligently and faithfully discharge the duties of his office as prescribed
by law ; which bond, with certificate endorsed thereon, shall be filed with
the secretary of state. (R. S. 1899, 9855, re-enacted, L. 1909, p.
770.)

Sec. 10920. Powers and duties. He shall reside and the books
and papers of his department shall be kept at the seat of government,
where a suitable office shall be provided bv the state, at which he shall
give his attendance when not absent on public business. He shall exer-
cise such supervision over the educational funds of the state as may be
necessary to secure their safety and correct application and distribution
according to law. He shall also have power to require of county clerks
or treasurers, boards of education or other school officers, recorders and
treasurers (boards of education or other school officers, recorders and
treasurers), of cities, towns and villages, copies of all records by them
required to be made, and all such other information in relation to the
funds and condition of schools and the management thereof as may be
deemed important ; and he shall cause as many copies of the law relating
to schools, with instructions for carrying into execution of such laws, to
'be printed in a separate volume and distributed to each county in the
state, for the use of school officers therein, and all the blanks that may
be necessary for the supply of all officers provided for by this chapter,
as often as any change in said laws may be made of sufficient importance,
in the opinion of the superintendent, to require re-publication and dis-
tribution thereof; and all moneys necessarily expended in performance
of the duties required in this section shall be allowed by the auditor and
paid out of the state treasury. He shall also have authority to examine
teachers and grant certificates of qualifications to those who pass a satis-
factory examination, but the applicant shall not be charged any fee
for such examination or certificate, nor shall the state superintendent
receive any fee or compensation therefor; and any person holding such
certificate from him shall be permitted to teach without further examina-
tion from other authorized examiners. Said certificate may be revoked
by the state superintendent for incompetency, cruelty, immorality,
drunkenness or neglect of duty. (R. S. 1899, 9856, re-enacted, L.
1909, p. 770.)

The instructions for carrying into effect the school laws prepared by State Super-
intendent of Schools under the provisions of this section are not binding on the courts,
but when such instructions are practical they have great weight with the courts in
determining the true meaning of the law. State ex rel. v. Job, 205 Mo. 1.

Sec. 10921. May employ chief clerk salary. The state superin-
tendent shall be entitled to employ a chief clerk, who shall sustain the
same relations to the state superintendent as are sustained by the chief
clerks of other state officers. The chief clerk shall perform such clerical
and other work as may be directed by the state superintendent, and shall
hold his office at the pleasure of the state superintendent, and shall re-
ceive a salary' of two thousand dollars per annum. (R. S. 1899, 9857,
re-enacted, L. 1909, p. 770.)

By an act of the Forty-sixth general assembly the salary of the chief clerk was
raised to $2,400 per annum.

Revised Schocfl Laws. 91

Sec, 10922. Annual report of state superintendent shall inspect
schools, It shall be the duty of said superintendent of public schools
to make an annual report on or before the first Wednesday in January,
in each and every year, to the general assembly, when that body shall be
in session any such year; and when not in session any one year, then
the report shall be made to the governor, who shall cause the same to be
published, and shall also communicate a copy thereof to the next general
assembly. The state superintendent, in the annual report of his labors
and observations, shall present a statement of the condition and amount
of all funds and property appropriated for purposes of education; a
statement of the number of public schools in the state, the number of
pupils attending such schools, their sex, and the branches taught ; a state-
ment of the number of teachers employed, their sex, the average amount
of wages paid to such teachers, statistics showing the amount of pro-
fessional training had by teachers in the schools of the state; a state-
ment of the estimates and accounts of the expenditures of public school
funds of every description ; a statement of plans for the management and
improvement of public schools, and such other information relative to
the educational interests of the state as he may deem important. He
shall, in person or by deputy, confer with and advise, county officers on
all matters pertaining to the school law and school directors, and all other
school officers, teachers and patrons of the public schools. He shall have
power, in person or by deputy, to visit and inspect schools, and make sug-
gestions in regard to the subject matter and methods of instruction
offered, the control and government of the school, and the care and keep-
ing of all school property. He shall have power to attend and assist in
meetings of teachers, directors or patrons, and to in every way elevate
the standard and efficiency of the instruction given in the public schools
of the state. All moneys reasonably expended in the execution of these
duties, as prescribed by this section, shall, upon due proof, be allowed
by the auditor, and paid out of the state treasury : Provided, that no
personal expenses be included in the above allowance. (R. S. 1899,
9958, amended, L. 1909, p. 770.)

Sec. 10923. Classification of high schools work to be accredited.
The state superintendent of public schools shall have authority to classify
the public high schools in the state into first, second and third classes,
and shall prescribe minimum courses of study for each class : Provided,
that no school shall be classed as a high school of the first class which does
not maintain a four years' course of standard work in English, mathe-
matics, science and history for a term of at least nine months in the year,
and which does not employ the entire time of at least three approved
teachers in high school work; that no school shall be classed as a high
school of the second class which does not maintain a three years' course
of standard work in English, mathematics, science and history for a term
of at least nine months in the year, and which does not employ the entire
time of at least two approved teachers in high school work ; that no school
shall be classed as a high school of the third class which does not maintain
a two years' 1 course of standard work in English, mathematics, science
and history for a term of at least eight months in the year, and which

92 Revised School Laws.

does not employ the entire time of at least one approved teacher in high
school work. All work completed in an accredited high school shall be
given full credit in requirements for entrance to and classification in any
educational institution supported in whole or in part by state appropria-
tions. (Laws 1903, p. 264, re-enacted, L. 1909, p. 770.)

Sec. 10924. High school inspection by state superintendent. For
the purpose of classifying high schools and having their work accredited
by higher educational institutions, the state superintendent of public
schools shall, in person or by deputy, inspect and examine any high
school making application for classification, and he shall prescribe rules
and regulations governing such inspections and examinations, and keep
complete record of all inspections, examinations and recommendations
made. He shall, from time to time, publish lists of classified high
schools : Provided, he may drop any school in its classification if, on re-
inspection or re-examination, he finds that such school does not maintain
the required standard of excellence. (Laws 1903, p. 265, re-enacted, L.
1909, p. 770.)

Sec. 10925. Blanks for reports. The blanks for the reports re-
quired to be made by the various school officers under the provisions
of this chapter shall be printed under the direction of the commissioners
of public printing, in the form prescribed by the state superintendent of
public schools, to be paid for in like manner and upon the same terms as
other public printing. (R. S. 1899, 9853", re-enacted, L. 1909, p. 770.)

Sec. 10926. Restrictions and penalties. The state superintendent
shall not act as agent for any author, publisher or bookseller, or manu-
facturer or vendor of school furniture or apparatus, nor directly or in-
directly receive any gift, emolument, reward, or promise of reward, for
his influence in recommending or procuring the use of any text-book,
school apparatus or furniture of any kind whatever in any public school.
Any superintendent who shall violate the provisions of this section shall
be guilty of a felony, and shall, upon conviction thereof, be punished by.
imprisonment in the penitentiary for a period of not less than two years ;
and the provisions of this section shall apply to county superintendents.
(R. S. 1899, 9859, amended, L. 1909, p. 770.)

Sec. 10927. Reports to state superintendent of schools, The
curators of the state university, the trustees of other state institutions
for the purposes of education, and others having authority, and being
required by law so to do, except the Missouri school for the blind, and the
school for the deaf, shall report to the state superintendent of public
schools on or before the 31st day of August of each year, concerning the
condition, improvements and necessities of said institutions, which re-
port shall be published as a part of the state superintendent's annual
report. (R. S. 1899, 7723.)

Sec. 10928. Disposition of reports. Fifty copies of such report
shall be reserved for the use of each public institution so reporting,
and ten copies shall be bound in suitable manner and preserved in the
state library. (R, S. 1899, 7724.)

Laws.

9:*

ARTICLE VIII.

COUNTY SUPERINTENDENTS.

SECTIOIf

10929. County superintendent eligibili-

ty term of office.

10930. Election returns, how certified

duty of county clerk.

10931. Superintendent to take oath,

give bond keep office, where.

10932. Superintendent's powers and du-

ties.

10933. Public meetings course of

study grade schools, etc.

SECTION

10934. County teachers' associations.

10935. Make statistical report annuall.v

shall require report from
teachers.

10936. County superintendent to furnish

blanks to school officers.

10937. Superintendent shall not teach

must study rural school prob-
lems and supervision.

10938. Salary.

Sec. 10929. County superintendents qualifications term of of-
fice. There is hereby created the office of county superintendent of
public schools in each and every county in the state. The qualified
voters of the county shall elect said county school superintendent at
the annual district school meetings held on the first Tuesday in April,
1911, and every four years thereafter. Said superintendent shall be at
least twenty -four years old, a citizen of the county, shall have taught
or supervised schools as his chief work during at least two of the four
years next preceding his election or appointment, or shall have spent
the two years next preceding his election or appointment as a regular
student in a normal school, college or university, and shall at the time
of his election hold a diploma from one of the state normal schools or
teachers' college of the state university, or shall hold a state certificate,
authorizing him to teach in the public schools of Missouri, or shall hold
a first grade county certificate, authorizing him to teach in the county
of which he is superintendent. The person elected county school com-
missioner or county school superintendent at the annual school meet-
ing, held the first Tuesday in April, 1909, or his successor, shall, during
the month of August, 1909, qualify under this article as county super-
intendent of public schools, and shall serve as such until the first Tues-
day in April, 1911, and until his successor is elected and qualified; and
the qualifications prescribed for the county school commissioner at the
time of the annual school meeting, the first Tuesday in April, 1909,
shall be the qualifications for the county superintendent of public
schools until the first Tuesday in April, 1911. Said county superin-
tendent of public schools shall hold his office for four years and until
his successor is elected and qualified; and all vacancies, caused by
death, resignation, refusal to serve or removal from the county, shall
be filled by the governor by appointment for the unexpired term; the
county superintendent shall turn over all books, papers, certificates,
stub books and records in his possession to his successor. Wherever
the term, "county commissioner," or, "county board of education," is
used in the statutes, it shall be construed to mean county superintend-
ent of public schools. (Session Acts 1911.)

94 Revised School Laivs.

Sec. 10930. Election returns, how certified duty of county clerk.
At least ten days before the annual school meeting in any year when
a county superintendent of public schools is to be elected, the clerk
of the county court shall mail by registered letter to the president
or clerk of the board of school directors of the various districts of
the county a tally sheet of sufficient size to contain the names of all
the qualified voters of such districts, which tally sheets shall, so far as
practical, conform to the form of poll books set out in section 5809
of article 2 of chapter 43 of the Revised Statutes of Missouri, 1909,
relating to general elections, and in making the returns of such
election, the tally sheets shall be certified by the chairman and sec-
retary of such annual school meeting and attested by the members
of the board of directors of the district, who may be present. The
voting for county superintendent shall be by ballot and all ballots cast
shall be counted for the persons for whom cast, and it is hereby made
the duty of the members of the board of directors and the chairman
and secretary of the annual school meeting to see that each ballot so
cast is counted for the person receiving the same, and it is hereby
made the duty of the chairman of the annual school meeting, within
two days after such meeting, to transmit the tally sheets and all ballots,
in person or by registered letter, to the clerk of the county court ; such
ballots to be in a sealed package, separate and apart from such tally
sheets, such package being properly designated. It shall be the duty
of the county clerk, within five days after the annual school meeting,
to call to his assistance two justices of the peace or two qualified
voters of the county, and cast up the vote and issue a commission to
the person receiving the highest number of votes, for which commis-
sion he shall receive a fee of one dollar to be paid by the person com-
missioned. A tie vote shall cause a vacancy in the office of county
superintendent, which shall be filled by appointment by the governor,
and the person so appointed shall hold such office till the next annual
school meeting and until his successor is elected and qualified. In
case a school district is divided by a county line, the county clerk shall
transmit to the president or clerk of the board of directors of such
districts two sets of tally sheets, and the voters residing on each side
of the line shall vote separately and returns shall be made to each
county as herein provided. For transmitting the returns of such elec-
tion, the chairman of the annual meeting shall receive the sum of one
dollar to [be] paid out of the incidental fund of the district. The pro-
visions of this act shall, so far as practical, apply to village and city
elections so far as affects the election of county superintendent of
public schools and so far as not conflicting with existing laws, which
are sufficient to safeguard such elections. Any person, upon whom
there is imposed an official duty by this act, and who shall violate
any of the provisions herein, shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine of not less
than fifty dollars nor more than five hundred dollars, or by imprison-
ment in the county jail not less than thirty days nor more than six
months or by both such fine and imprisonment. (Session Acts 1911.)

Revised School' Laws. 95

Sec. 10931. Superintendent to take oath, give bond keep office,
where county court to furnish supplies. Before entering upon the
duties of his office, the county superintendent shall take and subscribe
an oath to discharge faithfully and impartially the duties of his office ;
he shall give bond in double the amount of his salary, conditioned upon
the faithful performance of his official duties, and the proper application
and care of all moneys, books, records, papers, furniture and other
property in his possession or under his control, with two or more sureties,
who are resident freeholders and accepted by the county court or by the
county clerk in vacation. He shall, keep his office at the county seat,
or at some other place in the county where a court of record is held, and
the county court, by order of record, shall designate where the super-
intendent shall keep his office, and for this purpose the county court
shall supply him with a suitable room, properly furnished, wherein all
records, books, papers, furniture and other property thereto belonging
shall be securely kept ; and at the expiration of his term of office he shall
turn the same over to his successor in good condition ; and said county
court shall supply the superintendent with all necessary record books,
stationery and postage stamps for properly conducting the business of
his office, and shall allow all necessary printing of notices and circulars
of information, the same to be paid for by warrant drawn upon the
county treasurer.

The county superintendent is primarily a "field man," but he should have fixed
office days when directors, patrons and teachers may easily find and consult him. He
should keep accurate account of all expenditures, so that the county court may act
intelligently in passing upon them. The court cannot under the law refuse to allow
"necessary" expenses. ,

The county court should make an order of record stating where the superintendent
i-j to have his office, whether at the county seat or elsewhere.

Sec, 10932. Superintendent's powers and duties. The county
superintendent shall have general supervision over all the schools of his
county, except in city, town and village school districts employing a
superintendent who devotes at least one-half of his time to the direct
work of supervision. He shall visit each school under his jurisdiction
at least once each year, and as many other times as practicable ; he shall
examine the classification of pupils, the methods of instruction, the man-
ner of discipline, the order maintained, the results secured, and make
such suggestions to teachers and school boards as he may deem advisable ;
he shall inspect the ventilation, note the condition of the building, furni-
ture, apparatus, grounds and appurtenances thereto belonging, and re-
port the same to the board in writing, with such suggestions as he may
consider necessary to the health, comfort and progress of the pupils;
he shall examine the teacher's register and the district clerk's record and
see that they are kept according to law ; he shall furnish annually state-
ments to the district clerks showing the assessed valuation of their re-
spective districts; he shall receive, and, if properly made, approve es-
timates and enumeration lists and turn same over to the county clerk ; he
shall assist the district clerks, when necessary, in making their reports,
and see that all warrants have been duly issued ' ' by order of the board, ' '
either for services actually rendered or for material actually furnished.

% Revised School Lawn.

Note That part of this section which requires the superintendent "to receive, and
if properly made, approve estimates and enumeration lists," seems to be repealed by
sections 10790 and 10791, requiring the enumeration lists and estimates to be for-
warded to county clerk, said last-named sections having been passed and approved
several weeks after this section was enacted. (See sections 10790 and 10791.) It will,
however, be a matter of prudence for the superintendent to visit county clerk's office,
examine and endorse his written approval on estimates and enumeration lists when
he finds them properly made.

When an estimate is incorrect, it may be withdrawn from county clerk's office
before action is taken thereon and a corrected estimate filed in lieu thereof, on which
taxes may be assessed and extended. (This gives superintendent an opportunity to see
that proper estimates are filed.) State ex rel. v. Phipps, 148 Mo. 31.

This section provides that the superintendent "shall receive and approve" esti-
mates and enumeration lists and turn same over to county clerk. Sections 10790 and
10791 require these, statements to be filed with the county clerk, who seems to have
prior authority. See note under section 10790. The superintendent should consult with
the county clerk and follow his wishes in the matter.

Sec. 10933. Public meetings course of study grade schools-
system of graduation and examination guard school moneys. The

county superintendent shall hold annually not fewer than six public
meetings at different points in the county for the purpose of discussing
educational questions, interpreting the school law, counseling with teach-
ers and school officers, and promoting the cause of education among the
people. One of these meetings shall be held at the county seat just prior
to the opening of the fall term of school, and shall be of two days'
duration. It shall be the duty of directors and teachers to attend
meetings called by him when such attendance does not interfere with
their school duties. He shall adopt a course of study and a plan for
grading the schools of his county, and forward three copies to the state
superintendent of public schools, one copy to each district clerk and one
copy to each teacher employed in the county, and require the same to be
followed as nearly as practicable. He shall inaugurate and maintain a
system of final examinations and graduation of pupils who complete the
state course of study for rural schools. He. shall examine the records of
the county, so far as they relate to school funds and school moneys, see
that the law is strictly observed, and shall be present at the August term
of the county court, to give such information as may be of importance
to said court in the transaction of all business pertaining to the school in-
terests of the county; and the instruction of the state superintendent
shall be his guide in the interpretation and execution of the law.

The association, provided for in section 10934, is not one of the six meetings pro-
vided for in this section.

Sec. 10934. County teachers' associations. The county superin-
tendent may organize county teachers' association, which shall hold a
three days' meeting on the last three days of some week in September,
October, November or December of each year. He shall arrange a pro-
gram. of exercises and secure the services of some one specially prepared
to lecture on pedagogical subjects. It shall be the duty of the teacher to
attend all such meetings ; and when a certificate of attendance and faith-
ful performance of duty signed by the county superintendent is filed
with the district clerk, the first three days when school is taught thereon

Revised School Laivs. 97

shall constitute the school week. The expenses of such association, in-
cluding the expenses of a lecturer, shall be paid out of the thirty per
cent, of the fees provided for in section 10940.

All arrangements for this association are in the hands of the county superin-
tendent. Neither he nor any school board has the authority to excuse a teacher from
attendance upon one of these meetings.

Sec. 10935. Make statistical report annually shall require re-
port from teachers. It shall be the duty of said superintendent, under
the direction of the state superintendent, to condense and return to the
office of the state superintendent of public schools, on or before the thirty-
first day of August of each year, the educational statistics of the county ;
see that the directors and other school officers are supplied with copies
of the school law and the necessary blanks for making the various re-
ports required, and perform such other duties as may be required by the
state superintendent. He shall require of each teacher under his super-
vision a term report, giving name, classification and grades of each pupil :
Provided, that in schools employing more than one teacher the term re-
port for the entire school shall be prepared and filed by the principal in
charge. No teacher shall receive the last month's salary until he presents
a receipt for the term report, signed by the county superintendent.

Much depends upon every teacher filing the term report with the county superin-
tendent. This section should be strictly observed.

Statistics, to be of any value, should be accurate. County superintendents should
require carefully prepared reports from district clerks, and should cast up the total
for the State Superintendent with great exactness.

Sec. 10936. County superintendent to furnish blanks to school
officers. All necessary blanks required by school officers shall be
furnished by the state superintendent to the county superintendent, who
shall immediately, upon the receipt of the same, supply the clerk of each
district in their respective counties with the same, the form of such
blanks to be determined and indicated by the state superintendent as
provided by law; and all necessary expenses incurred by the superin-
tendent for postage and stationery in supplying the districts of his
county with blanks, laws, reports and circulars of information shall be
paid for annually out of the county treasury, upon an order from the
county court, based upon an itemized statement of the superintendent,
accompanied by corresponding vouchers.

Blanks provided for under this section are sent out by the State Superintendent in
January or February of each year. County superintendents should not delay in send-
ing them out so that they may be in the hands of the district clerks early in the year.

Sec. 10937. Superintendent shall not teach must study rural
school problems and supervision. During his term of office the county
superintendent shall not engage in teaching or in any other employ-
ment that interferes with the duties of his office as prescribed by law.
He shall spend annually, studying rural school problems and super-
vision of schools, five days in conventions called by the state superin-
tendent of public schools, or twenty days in the state university or in one
of the state normal schools, or in some other manner approved by the

SL7

98 Revised School Laws.

state superintendent. He shall not receive his salary for the third
quarter of the year until he presents a certificate, signed by the state
superintendent, stating that he has spent the period prescribed by law
in studying rural school problems and supervision of schools, and that
his report as county superintendent of public schools has been properly
made to the state superintendent of public schools.

This section allows the State Superintendent to fix the time and place of the county
superintendents' convention.

The county superintendent cannot teach in any school, public or private. He
must devote his entire time to the duties of his office as here prescribed. An ouster
suit in the nature of quo warranto will lie against the superintendent violating this
act.

Sec. 10938. Salary. The county superintendent shall be allowed
an annual salary, to be paid out of the county treasury, as follows : In
counties having less than twelve thousand population, he shall receive
seven hundred dollars; in counties having twelve thousand population
and less than fifteen thousand, he shall receive eight hundred dollars ; in
counties having fifteen thousand population and less than eighteen thou-
sand, he shall receive nine hundred dollars ; in counties having eighteen
thousand population and less than twenty-one thousand, he shall receive
one thousand dollars ; in counties having twenty-one thousand population
and less than twenty-four thousand, he shall receive eleven hundred dol-
lars ; in counties having twenty-four thousand population and less than
twenty-seven thousand, he shall receive twelve hundred dollars ; in coun-
ties having twenty -seven thousand population and less than thirty thou-
sand, he shall receive thirteen hundred dollars; in counties having thirty
thousand population and less than fifty thousand, he shall receive four-
teen hundred dollars; in counties having fifty thousand population or
more, he shall receive fifteen hundred dollars; of which the state of
Missouri shall appropriate annually out of the general revenue fund of
the state of Missouri four hundred dollars to each and every county.
At each regular term of the county court, said court shall order a war-
rant in favor of the county superintendent for the proportional amount
of his annual salary then due under this section ; and the same shall be
paid by the county treasurer out of the county revenue fund.

The county superintendent must look to the county for his entire salary, which
is to be paid "by the county treasurer out of the county revenue fund." Each county
receives $400 annually from the State to apply on this salary, but the amount goes into
the county treasury, and the superintendent should receive a warrant from the county
court for the whole amount due him. He is not dependent on the State appropriation,
which is made to the county and not to him.

For finding the population of a county in order to determine the salary of the
superintendent of such county, see section 10719.

Jicvised Schoot Laws.

1)0

ARTICLE IX.
SCHOOLS: Teachers' Certificates How Obtained or Revoked.

10940.

10941.

10942.
10943.

10944.

SECTION

10945. Revocation of certificate.

10946. State board to outline work of

institutes and summer schools
for colored teachers tuition
fee.

10947. Grades at summer terms of state

educational institutions to be
received grades to become
void, when.

10948. Complimentary certificates, etc.,

prohibited.

10949. Law not to apply to cities of

75,000 or over.

SECTION

]0939. County superintendents to grant
certificates public examina-
tions held, when grades and
qualifications.

Grading of examination papers
by state superintendent of pub-
lic schools.

Qualifications necessary for cer-
tificates.

Renewal of certificates.

County superintendent to pass on
morality of applicants to keep
grades and record of certifi-
cates may endorse certificate
from adjoining county.

Applicants to pay fee fees re-
ceived to be used to pay ex-
penses superintendent to make
annual statement of fees col-
lected and expended.

Section 10939. County superintendents to grant certificates public
examinations held, when grades and qualifications. The county su-
perintendent of public schools shall have authority to examine teachers
and grant certificates of qualification to teach in their respective coun-
ties or in the state. Three public examinations of two days each shall
be held during the year on the first Friday and the succeeding Satur-
day in March, June and August, at such place or places in the county
as the county superintendent of schools may designate. Said examina-
tions shall be conducted by said county superintendent of public
schools, or by some one duly authorized by him to conduct them. All
questions given in said examinations shall be prepared and furnished
by the state superintendent of public schools. Certificates issued by
said county superintendent of public schools shall be of three grades :
Third grade shall be valid for one year and second grade for two years
in the county for which they are issued, and first grade for three
years in the state. Third grade certificates shall be granted to appli-
cants who are of good moral character and who shall pass satisfactory
examinations upon the following branches: Spelling, reading, pen-
manship, language lessons, geography, arithmetic (including business
forms and rules), English grammar, United States history, civil gov-
ernment (including the government of Missouri), physiology and
hygiene, with special reference to the effect of alcoholic drinks and
stimulants and narcotics generally upon the human system, agriculture,
and pedagogy. Second grade certificates shall be granted to appli-
cants who are of good moral character and who shall pass satisfactory
examinations upon the branches hereinbefore mentioned, and in ad-
dition thereto, algebra and literature. First grade certificates shall
be granted to applicants who are of good moral character and who

100 Revised School Laws.

shall pass satisfactory examinations upon all the branches hereinbefore
mentioned, and in addition thereto one branch of history, either
ancient, mediaeval or modern, or English, and one branch of science,
either physical geography, physics, or elementary biology: Provided,
that in addition to the above named scholastic requirements each ap-
plicant who has had four months' experience in teaching shall be
graded by the county superintendent on the following professional
qualities: Teaching ability and management. Each applicant shall
be graded on these professional qualities at the time of each renewal of
certificate and each issue of a new certificate : Provided, that to obtain
a first grade certificate -each applicant shall have had eight months'
experience in teaching and shall maintain an average grade of 90 per
cent on the above named scholastic requirements, together with the
above named professional requirements ; to obtain a second grade cer-
tificate an average grade of 85 per cent on the aforesaid requirements;
to obtain a third grade certificate an average grade of 80 per cent on
aforesaid requirements, but no certificate shall be granted to any per-
son whose grade in any subject falls below sixty per cent : Provided,
that the county superintendent of public schools shall have authority
to prepare questions, conduct examinations, grade papers and issue
certificates to applicants who for good and sufficient reasons could
not attend the last regular examination. Said applicants to conform
to all requirements for that grade county certificate. Said certificate
to be good only until the end of the school year in which it is issued,
and the papers written on said examination to be filed by said county
superintendent of schools in his office where they shall be kept for a
period of at least one year after the date upon which they were
written.

(See notes on interpretation of the certification law at the end of this article.)

Section 10940. Grading of examination papers by state superin-
tendent of public schools. The county superintendent of public schools
shall in accordance with a system prepared and submitted by the state
superintendent of public schools give each applicant writing in the ex-
amination a number by which number alone the papers of said appli-
cant shall be marked and designated. Said county superintendent
shall keep an accurate record of the number given to each applicant.
Within three days after the close of each regular examination, the
county superintendent of public schools shall forward to the state
superintendent, by express or registered mail, all the papers of all
applicants for first grade certificates and of all other applicants who
shall request their papers to be sent to the state superintendent. Said
state superintendent of public schools shall carefully grade all papers,
keep a record of said grades, certify them to the county superintend-
ent of the county in which said papers were written, and also return
said papers to said county superintendent of public schools, who shall
preserve them among the records of his office for at least one year after
the date of the examination at which they were written.

Section 10941. Qualifications necessary for certificates. No per-
son shall be granted a license to teach in the public schools of this

Revised School Kaws.^ i^" - ^J'^J" -V j 101.

state who is not of good moral character. From and after September
1, 1912, all applicants for first or second grade certificates to teach
must present evidence of having completed the first year's work of
a classified or accredited high school as defined in section 10923, E. S.
Mo. 1909, or its equivalent. From and after September 1, 1914, all
applicants for first or second grade certificates must present evidence
of having completed two years of such work, or its equivalent. From
and after September 1, 1916, all applicants for first or second grade
certificates must present evidence of having completed three years
of such work, or its equivalent. From and after September 1, 1918,
all applicants for first or second grade certificates must present evi-
dence of having completed four years of such work, or its equivalent.
"The high school work herein required may be done in any public,
private, or parochial school, or private study, and satisfactory evidence
thereof presented by the written statements of parties who have per-
sonal knowledge that such work has been done, or by passing a satis-
factory examination on the subjects for which credit is claimed and
which are not required in the examination prescribed by section 10939
of this article : ' ' Provided, that .provisions of this section shall not
apply to any person who holds a certificate entitling him to teach in
the schools of Missouri at the time of the taking effect of this act.

Section 10942. Renewal of certificates. A third grade certificate
may be granted to any one person in but four consecutive years. A
second grade certificate shall be renewed without examination once.
A first grade certificate an unlimited number of times : Provided, that
the holder shall give satisfactory evidence to county superintendent
of public schools that certain professional work prescribed by state
superintendent at the time of the issuing of former renewal of the
certificate has been complied with: " Provided, that any teacher who
has had five years' experience in teaching and is employed as a teacher
at the time of the taking effect of this act shall have his or her county
certificate renewed an unlimited number of times, on condition that
said teacher continues in the same position and is faithful in the
performance of his or her professional duties."

Section 10943. County superintendent to pass on morality of ap-
plicants to keep grades and record of certificates may endorse cer-
tificate from adjoining 1 county. The county superintendent of public
schools shall pass upon the moral character and requirements, other
than scholastic as shown by the papers written, of all applicants for
certificates to teach in the schools under his jurisdiction, and he shall
grade each applicant who has had four months' experience in teaching
on teaching ability and management. The grades on these two pro-
fessional requirements shall be averaged with the grades on the
scholastic branches required in section 10939. The county superin-
tendent shall keep a true record of all grades made by all applicants
in examinations conducted by him as certified to him by the state
superintendent, and also as graded by himself, and also a record of
all certificates granted, renewed or revoked, said record exhibiting
the number granted, date, grade and length of time for which each
certificate was issued, and the name, age, sex, and nativity of the

102 \ : Revised School Laws.

person receiving the same, and deliver the same to his successor in
office. Any applicant may raise the grade of his certificate by meet-
ing the additional requirements prescribed for such higher grade of
certificate, and any or all grades on a valid third grade certificate may
be used on a second grade certificate: Provided, that the county su-
perintendent may endorse without examination second grade certif-
icates from adjoining counties, on the payment of a fee of one dollar
and fifty cents.

Section 10944. Applicants to pay fee fees received to be used to
pay expenses superintendent to make annual statement of fees col-
lected and expended. Every applicant for a certificate shall pay to
the county superintendent of public schools a fee of three dollars, which
shall entitle him to take any and all examinations given in any cal-
endar year. Every applicant for a renewal of his certificate shall pay
a fee of one dollar and fifty cents. The fees so collected shall be used
for the payment of the expenses of teachers' associations and teachers'
meetings authorized by this chapter at least thirty per cent being set
apart and used for this purpose and for the expenses incident to the
grading of papers and issuing certificates of applicants for license
to teach. The county superintendent of public schools shall remit to
the state superintendent five cents for each subject written by each
applicant, whose papers are sent to the state superintendent of schools.
The fees, received in this manner by the state superintendent of public
schools, shall be used to pay the compensation of such assistants as
may be necessary to examine and grade all such papers, and to pay
other expenses incident to the grading of the papers submitted and
recording and certifying said grades. The state superintendent of
public schools is hereby empowered to appoint and pay such assistants
as he may need for the examining and grading of all such papers sub-
mitted, and he shall also keep an accurate account of all moneys re-
ceived and disbursed by him in carrying out the provisions of this act.
Any balance remaining in said fund shall be turned into the general
revenue fund of the state by said state superintendent of public
schools on the first day of December of each calendar year. The
county superintendent of public schools shall make report of all fees
collected, all amounts expended for teachers' associations and meet-
ings and for all amounts remitted to the state superintendent, to the
county court at its regular meeting in February of each year.

Section 10945. Revocation of certificate. The county superin-
tendent may revoke, upon satisfactory proof, any county certificate for
incompetency, immorality, neglect of duty, or the annulling of writ-
ten contracts with the board of directors without the consent of the
majority of the members of the board which is a party to such con-
tract. All charges must be preferred in writing and signed by the
party or parties filing the accusation, and the teacher must be given
due notice and opportunity to be heard. In case any person holding
a certificate issued by the state superintendent, the board of curators
of the state university, or the board of regents of any normal school,
shall be charged as above, then it shall be the duty of the county su-
perintendent in the county where the offense is alleged to have been

Revised Schoel Laws. 103

committed to notify ^ in writing, the person or board issuing such
certificate, and such person or board shall proceed as hereinabove pro-
vided for the revocation of such certificate.

Section 10946. State board to outline work of institutes and -sum-
mer schools for colored teachers tuition fee. The state board of edu-
cation shall prepare or cause to be prepared outlines of work to
be done in institutes for colored teachers, and outlines for minimum
requirements for work done in approved summer schools and accepted
on county certificates as provided in section 10947. It shall also estab-
lish ten or more institutes for colored teachers, appoint instructors
and make all rules and regulations therefor. Grades made by colored
teachers in said (said) institutes shall be accepted by county super-
intendents in lieu of examinations in subjects or parts of subjects
covered by the work of the institute. A tuition fee of not to exceed
two dollars may be charged to maintain such institute for colored
teachers.

Section 10947. Grades at summer terms of state educational in-
stitutions to be received grades to become void, when. Grades made
in the summer terms of the state educational institutions, and in such
other schools as may be approved by the state board of education,
obtained under conditions conforming to the requirements prescribed
by the state board of education shall be accepted by the state superin-
tendent in lieu of examinations on the several subjects required for
county certificates and shall be certified by the state superintendent of
public schools to. the county superintendent of the county in which the
certificate is to be issued. Grades made in an examination conducted
in any county in the state in accordance with the provisions of this
article shall be good in any other county in the state when the papers
have been graded by the state superintendent of public schools and the
grades properly certified by him. Grades made under the provisions
of this article shall become void if the holder thereof shall have
ceased to be engaged in active educational work as a teacher, a student
in school, a supervisor or administrator in school work, for a period
of two consecutive years.

Section 10948. Complimentary certificates, etc., prohibited. Any
county superintendent of public schools, members of board of examin-
ers, or instructor in any institute or approved summer school who shall
grant complimentary certificates or grades, or certificates and grades
except in accordance with the provisions of this article shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be pun-
ished by a fine not to exceed five hundred dollars.

Section 10949. Law not to apply to cities of 75,000 or over. This
article shall not apply to cities having or hereafter attaining a popu-
lation of 75,000 or more. This act shall take effect and be in force
on and after Jan[uary] 1, 1912. (Session Acts 1911.)

County certificates issued prior to January 1, 1912, are not subject to renewal
after that date, but are valid only for the life of the certificate, since at that date
section 10942, R. S. 1909, ceases to be a law, and there is thereafter no authority for
the renewal of such certificates, except that section 10942, session acts 1911, provides
"that any teacher who has had five years' experience in teaching and is employed as a

104

Revised School Laws.

teacher at the time of the taking effect of this act shall have his or her county cer-
tificate renewed an unlimited number of times on condition that said teacher con-
tinues in the same position (in the employment of the same board) and is faithful
in the performance of his or her professional duties."

All county certificates issued prior to January 1, 1912, are valid only in the
county in which issued and cannot be endorsed in other counties.

Under the session acts, 1911, county superintendents have authority to endorse
only second grade certificates, issued after January 1, 1912, section 10943.

All grades on a valid third grade certificate may be transferred to a second grade
certificate. Sec. 10943.

All scholastic grades for a first grade certificate must be certified from the office
-of the state superintendent of schools. Grades from a second or third grade certificate
cannot be transferred to a first grade certificate, unless the papers for said certificates
were graded by the state. superintendent or were made in an approved summer school.

According to section 10947, all grades made on papers graded by the state super-
intendent are valid in any county in the state, when properly certified from the office
of the state superintendent of schools.

In the session acts, 1911, there is no provision for the transfer of grades from
a certificate issued prior to January 1, 1912, to one issued after that date.

ARTICLE X.

COUNTY TEXT-BOOK COMMISSION.

SECTION

10951. Text-book commission ^ how

composed who not eligible.

10952. Meeting of salary how paid.

10953. Shall adopt books from author-

ized lists.

10954. Publisher to submit publication

with price list.

10955. Publisher to pay filing fees

fund, how used.

10956. Bond to be given by publisher.

10957. When liable upon bond.

10958. Superintendent of schools to fur-

nish lists to county commis-
sion.

10959. Duty of publisher when books

are adopted.

10960. Adopted books to be used ex-

clusively.

10961. Changes how made.

SECTION

10962. What to be considered in select-

ing.

10963. Profit of dealer shall not exceed

fifteen per cent.

10964. Exchange price.

10965. Penalty for using other than

adopted books.

10966. -Supplementary books.

10967. Indigent pupils, how supplied.

10968. Certain cities may adopt

how.

10969. Publisher to make certain state-

ment.

10970. Publisher to show ownership of

publishing house.

10971. Unlawful combination to con-

trol prices contract forfeited.

10972. Penalty for selling without li-

cense.

10973. Bribery penalty.

Sec. 10951. Text-book commission haw composed who not
eligible. There is hereby created a county school text-book commis-
sion, which shall be the county board of education, in all counties in
which such a board exists. In counties where there is no county board
of education the school text-book commission shall consist of the county
superintendent of schools and two teachers, who shall be selected in the
same manner and at the same time as the two members of the county
board of edcuation that are appointed in those counties that have a
county commissioner of schools : Provided, that no person shall be ap-
pointed to serve on the said commission who has been in the employ, as a
traveling salesman or otherwise, in this state, of any publisher of school
text-books within the period of two years prior to this article. Vacancies

Revised School Laws. 105

on the commission resulting from death, resignation, removal from the
county, disqualification, or otherwise, shall be filled as prescribed by law.
A majority of the commission shall constitute a quorum for the transac-
tion of all business of the commission.

Section 9957 of the Revised Statutes of 1899 provided for the appointment of the
county board of education. County text-book commissions are appointed, as were
county boards of education under that section ; i. e., the State Board of Education ap-
points one member and the county court one. The implied repeal of this section by
the law establishing county supervision does not affect the niethod of appointing the
text-book commission. Appointed members must be teachers, and they will serve for
two years. A vacancy is filled by the power appointing the member whose place
becomes vacant. The spirit of the law prohibits the appointment of any one who has
been in the employ of a text-book publisher since June 14, 1905.

Sec. 10952. Meeting of salary how paid. The county text-
book commission shall meet at the county seat to organize within thirty
days from the date of the taking effect of this article. The county super-
intendent shall be ex officio president of the commission, and a secretary
shall be elected from its own membership. Said commission shall meet
annually thereafter, and special meetings may be called by the president,
or oh the written request of the other two members. The president shall
preside at all meetings of the commission, and the secretary shall keep the
records of the meetings, and all contracts shall be signed by both the
president and secretary. Members of said commission that do not re-
ceive an annual salary from the county shall receive five dollars per day
for their services, with such additional amount as shall be necessary to
cover their actual traveling expenses : Provided, that they shall receive
pay for not to exceed six days in any one year, the same to be audited
and paid by the county court.

The first meeting of the commission is the only one required by the law to be held
at the county seat.

The commission must meet annually, but except when adoptions are to be made
it should not be in session more than one day. If two members sign a request to the
president asking that a meeting be called, he has no option in the matter, but must
call same.

County superintendents are not entitled to salary for serving on the text-book
commission.

Sec. 10953. Shall adopt books from authorized lists. Said com-
mission shall adopt from the authorized state list, as hereinafter pro-
vided, a uniform series of text-books for use in the schools of all the dis-
tricts of the county, except that in cities having more than one thousand
children of school age, as shown by the last enumeration, and in towns
having high schools affiliated with the state university, the board of di-
rectors of said cities and said towns may select from the aforesaid list
such books as in their opinion are best suited to the local conditions, and
may contract for the same.

Unless the board of directors in the cities and towns included in the provisions
of section 10953 select books from the authorized state list, their respective schools
must use the books adopted by the county text-book commission. Section 10968 also
requires the boards to take some affirmative action if they do not accept the county
adoptions.

Boards of directors must select books from those on the state list, or they must
use the books adopted by the county commissions. They may contract for theae

106 Revised School Laws.

books for a period of five years, acting in accordance with the provisions of section
10968.

The "authorized state list" means the list of all the books filed with the state
superintendent by publishers who have complied with all the provisions of the law.

A school losing its classification as a high school must use the books adopted by
the county commission, even though while on the approved list it contracted for other
books for a period of five years. A school becomes exempt from the county adoptions
and has power to select and contract for its own books immediately upon its high
school being classified or when the city in which it is located enumerates 1,000
children of school age, regardless of its being included in the county contract.

Sec. 10954. Publisher to submit publication with price list. Be-
fore the publisher of any school text-book shall offer the same for sale
to any county text-book commission or board of school directors in the
state of Missouri, said publisher shall file a copy of said text -book in the
office of the state superintendent of public schools with a sworn statement
of the list price and the lowest net price at which said book is sold any-
where in the United States under like conditions of distribution. Said
publisher shall file with the state superintendent a written agreement
to furnish said book or books to the county text-book commissions or
boards of directors of Missouri at the price so filed. Said publisher
must further agree to reduce such prices in Missouri if reductions are
made elsewhere in tha country, so that at no time may any book be sold
in Missouri at a higher price than is received for the same book else-
where in the country where *like methods of distribution prevail. Said
publisher shall further agree that all books offered for sale in Missouri
shall be equal in quality to those deposited in the office of the state su-
perintendent as regards paper, binding, print, illustration and all points
that may affect the value of said books.

Sec. 10955. Publisher to pay filing fees fund, how used. Be-
fore the publisher of any school text-book shall offer the same for sale to
any county school text-book commission or board of school directors in
the state of Missouri, and at the time of the filing of such text-book in the
office of state superintendent of public schools, said publisher shall pay
into the treasury of the state of Missouri a filing fee of ten dollars for
each book offered by said publisher. A series of books by the same au-
thor and upon the same subject shall constitute one book for this pur-
pose. The fees thus received shall constitute a fund out of which upon
requisition made by the state superintendent of public schools shall be
paid the expenses of publishing lists and other information for the use of
the county school text-book commissions, clerk hire and other necessary
expenses in connection with the filing of all text-books submitted for
adoption in the state of Missouri. Any balance remaining in such fund
shall be, upon the first of January of each year, placed to the credit of
the general revenue fund of the state.

Before offering a book to the county commission for adoption the publisher must
do ten things :

1. File a copy of the book to be offered with the state superintendent of public
schools.

2. File a sworn statement of the list price and the lowest net price at which
said book is sold anywhere in the United States under like conditions of distribution.

3. File an agreement to sell the book at the price filed.

" Revised School Laws. 107

4. File an agreement to sell such book in Missouri at no higher price than is
charged elsewhere in the United States under like conditions, and to reduce the price
of such book in Missoui-i when it is reduced elsewhere.

5. File an agreement that all books offered for sale in Missouri shall be equal
la quality to those deposited in the office of the state superintendent.

6. Pay a filing fee of ten dollars on every book filed.

7. Execute a bond to insure compliance with the above agreements.

8. Furnish county text-book commissions a list of the books and prices filed with
the state superintendent.

9. File sworn statement that he has entered into no agreement to control prices
or to restrict competition in the sale of books. (Sec. 10969.)

10. File sworn statement, showing ownership of publishing house, and what
interest or shares the owners hold in any other publishing house. (Sec. 10970.)

Sec. 10956. Bond to be given by publisher. To insure compliance
with the aforesaid conditions under which school text-books may be sold
in the state of Missouri, said publisher shall file with the state superin-
tendent a bond of not less than two thousand dollars nor more than ten
thousand dollars, said bond to be approved by the 'state superintendent
and the amount to be fixed by him ; upon compliance with this and the
preceding section, said publisher shall thereupon be licensed to sell school
books in this state.

Comments under sections 10954 and 10955 show the ten things required of pub-
lishers before being licensed to sell school books in this state.

Sec. 10957. When liable upon bond. If in any case said pub-
lisher shall furnish books inferior in any particular to the samples on
file with the state superintendent, or shall require higher prices than
those listed with the state superintendent, then it shall become the duty
of the county text-book commission, or board of directors, to inform the
state superintendent of the failure of said publisher to comply with the
terms of his contract. The state superintendent shall thereupon notify
the publisher of said complaint, and. if said publisher shall disregard
the notification and fail to immediately comply with the terms of his
contract, then the state superintendent shall institute legal proceedings
for the forfeiture of the bond of said publisher.

Sec. 10958. Superintendent of schools to furnish lists to county
commission. During the month of April, 1907, and thereafter an-
nually, during the month of January, it shall be the duty of the state su-
perintendent to furnish each county superintendent with a list of pub-
lishers who shall have conformed to the requirements hereinbefore set
forth relating to sample books, prices and bond.

Sec. 10959. Duty of publisher when books are adopted. Before
seeking to enter into contract with any county text-book commission, or
board of directors, for the schools covered by this article, the publisher
shall furnish the county superintendent or secretary of the board of
directors with a duplicate printed list of the books and prices filed with
the state superintendent. When any book or series of books in such list
shall have been adopted by the county commission or by any board of
directors in said county, it shall be the duty of said publisher of said
book or books to furnish each county superintendent with a sample of the
same, to remain in the office of said county superintendent, and to be the
property of said county.

108 Revised School Laws.

The copies filed with the county superintendents should be carefully preserved.
They must be equal in quality to those on file in the omce of the state superintendent,
and will allow county text-book commissions to have samples available for comparison
in order that they may see that the provisions of the law are carried out The books
are "the property of the county," and are to be carefully preserved and turned over to
the next superintendent, the same as other papers, books and files of the office.

Sec. 10960. Adopted books to be used exclusively. The county
text-book commissions are hereby empowered to adopt text-books for all
subjects that may be taught in the public schools of their respective
counties, and to enter into contract for the same for a period of five
years in the manner hereinafter provided. All books adopted by the
county commission shall be used exclusively in the schools of the county,
except in such towns and cities' as are exempt in section 10953 ; and,
further, except that all books introduced into the public schools since
May 1, 1905, either through the action of boards of directors or on the
recommendation of county superintendents or county boards of educa-
tion, may be continued in use for a period of five years from the date of
the introduction of said books: Provided, that the publishers of said
books shall comply with all the requirements of sections 10954 and 10956
prior to August 1, 1907.

Sec. 10961. Changes how made. Said commissions shall make
no changes until they shall have advertised for bids for at least two suc-
cessive weeks in one or more- county papers, and the adoption of such
books shall not be made until the expiration of at least fourteen days
from the date at which such advertisement first appeared. Such adver-
tisement shall specify subjects in which changes will be considered and
the probable number of books of each kind required.

Sec. 10962. What to be considered in selecting. In selecting
books the text-book commission shall carefully consider the price, char-
acter of the subject matter, binding, illustrations, print and paper, the
adaptability to local conditions, and all points that affect the value of the
book.

Sec. 10963. Profit of dealer shall not exceed fifteen per cent.
In all counties where the county court does not elect to purchase text-
books and sell the same to pupils at cost, as hereinafter provided, the
publisher making contracts under this article shall sell and furnish to all
dealers or merchants of said county, or to dealers or merchants in contig-
uous territory, all adopted text-books at the net contract price. No
dealer shall sell said books at more than fifteen per cent, advance on said
net contract price. Any dealer or merchant violating the provisions of
this section shall be guilty of a misdemeanor, and, upon conviction, shall
be fined not less than twenty-five dollars and not more than one hundred
dollars.

No provision is made for the county court to purchase text-books and sell to
pupils at cost.

Sec. 10964. -Exchange price. When any county text-book com-
mission or board of directors shall adopt books and enter into contracts
with the publishers thereof such contracts shall provide a reasonable ex-
change price for the books displaced by such adoption.

Revised School Laws. 109

Exchange price should be included in the contracts signed by the county text-book
.-mmissions and boards of directors.

Sec. 10965, Penalty for using other than adopted books. Any

teacher or school director who, within eight months after the county
board of education shall have adopted a list of text-books for such county,
shall sanction or permit the use of any book not adopted in accordance
with the provisions of this article shall be guilty of a misdemeanor,
and, upon conviction, shall be fined not less than twenty-five dollars nor
more than one hundred dollars. If any county text-book commission or
board of directors shall attempt to change any text-book before the ex-
piration of a contract for the same, made under this article, any member
of such commission or board, who votes for such unlawful change, shall
be guilty of a misdemeanor, and upon conviction, shall be fined not less
than twenty-five dollars nor more than one hundred dollars. Any pub-
lisher, or agent of said publisher, who shall connive at or seek to procure
such unlawful change, shall be guilty of a misdemeanor, and subject to a
like penalty.

After an adoption has been made and contract signed, there is no way provided
whereby the books may be changed before the expiration of a period of five years.

Sec. 10966. Supplementary books. Nothing in this article shall
be construed to prevent the use of such supplementary books as shall be
furnished at the expense of the school district, provided such supple-
mentary books shall not displace books regularly adopted under the pro-
visions of this article.

This section refers to supplementary books furnished at the expense of the school
district. Such need not be taken from the authorized state list. Books bought by the
pupils must be books on the authorized state list.

Sec. 10967. Indigent pupils, how supplied. The boards of direct-
ors of each school district shall have authority to purchase all necessary
books for indigent pupils and pay for the same out of the incidental
funds of the district.

Sec. 10968. Certain cities may adopt how. Boards of direct-
ors of cities and towns exempt from county uniformity under section
10953, who may not accept county uniformity, may adopt and contract
for books from the state list under the same restrictions and in the same
general manner as herein provided for the adoption of books by the coun-
ty text-book commission.

"Same general manner" requires boards of education to advertise for bids as is
provided in section 10961. Cities and towns are not exempt unless they take affirma-
tive action showing that they do not accept the books adopted by the county com-
mission.

Sec. 10969. Publisher to make certain statement. When any

publisher of school text-books shall file with the state superintendent the
samples and lists provided for in section 10954, said publisher at the
same time shall be required to file a sworn statement that he has no un-
derstanding or agreement of any kind with any other publisher, or in-
terest in the business of any other publisher, with the effect, design or
intent to control the prices on such books or to restrict competition in the
adoption or sale thereof.

110 Revised School Laics.

Sec. 10970. Publisher to show ownership of publishing house.
Before being licensed to sell school text-books in this state, the publisher
thereof shall file with the state superintendent of public schools a sworn
statement, showing the ownership of such publishing house, with the in-
terest, names and addresses of such owners, and specifically stating
whether or not the said publisher, or the owner of any interest or shares
in such publishing house, is the owner of any interest or shares in any
other publishing house, and if so, giving the name and address thereof.

Sec. 10971. Unlawful combination to control prices contract
forfeited. If at any time any publisher shall enter into any under-
standing, agreement or combination to control the prices or to restrict
competition in the adoption or sale of school books, or if the statements re-
quired of said publisher by the two preceding sections shall be untrue in
any respect, then the attorney-general shall institute and prosecute legal
proceedings for the forfeiture of the bond of said publisher and for the
revocation of his authority to sell school books in this state, and all con-
tracts made by said publisher under this article shall thereupon become
null and void at the option of the other parties thereto.

Sec. 10972. Penalty for selling without license. Any publisher
who shall sell, or offer for sale or adoption in this state, school text-
books of any kind without first obtaining license therefor under this ar-
ticle, shall be guilty of a misdemeanor, and, upon conviction, shall be
fined not less than five hundred dollars, and not more than five thousand
dollars.

Sec. 10973. Bribery penalty. Any member of any county board
of education who shall accept or receive any money, gift or any prop-
erty, or favor whatsoever, from any person, firm or corporation selling or
offering for sale any text-books, or any agent thereof, or from any person
in any way interested in the sale of text-books, shall, upon conviction,
be punished by a fine not exceeding one thousand dollars or by imprison-
ment in the county jail for not more than six months, or by both such
fine and imprisonment.

ARTICLE XI.

STATE BOARD OF EDUCATION.

SECTION

10974. State board of education mem-

bers and duties.

10975. Duty in relation to swamp lands.

10976. Duty a<s to state school fund of

counties.

SECTION

10977. Power to employ attorneys fees

for services of same.

10978. To report to legislature.

Sec. 10974. State board of education members and duties. The

supervision of instruction in the public schools shall be vested in a state
board of education, whose powers and duties shall be prescribed by law.
The superintendent of public schools shall be president of the board;
the governor, secretary of state and attorney-general shall be ex officio
members, and, with the superintendent, compose said board of education.

Revised School Laws. Ill

It shall be the duty of the state board of education to take the general
supervision over the entire educational interests of the state ; to direct
the investment of all moneys received by the state to be applied to the
capital of any fund for educational purposes; to see that all funds are
applied to such branch of the educational interest of the state as by grant,
gift, devise or law they were originally intended. (R. S. 1899, 9814,
amended, L. 1909, p. 770.)

Sec. 10975. Duty in relation to swamp lands. The state board of
education is hereby required to ascertain from all the various counties
in the state having swamp or other school lands wjiat disposition has been
made of the same, and when in any case it shall be ascertained that the
objects of the grant have been violated, the funds arising therefrom per-
verted, or the lands or moneys used for any purpose other than those
named in the grant, and by the law intended, it shall be their duty to in-
stitute suits to recover the same in the name of the state in behalf of the
public schools of the county in which such lands lie. (R. S. 1899, 9815,
re-enacted, L. 1909, p. 770.)

The state board of education has authority to employ attorneys to reclaim or
protect swamp lands held in trust by counties for school purposes. State ex rel. v.
Crumb, 157 Mo. 545; Phillips v. County, 187 Mo. 698. When a county has caused a
patent to issue for swamp lands and suffered the same to remain on record thirty
years without attacking its validity, it is estopped from thereafter denying that such
patent passed a valid title. Simpson v. County, 173 Mo. 421.

Sec. 10976. Duty as to state school fund of counties. It shall also
be the duty of the said state board of education to ascertain from all the
counties of the state what disposition has been made of the state school
fund drawn by the counties from the state yearly, how much thereof has
been transferred to the school townships; and when any such fund, or
any part thereof, has been diverted from its lawful use, it shall be their
duty, in like manner as in the last section provided, to institute suit for
and collect the same and return it to its legitimate channel. (R. S. 1899,
9816, amended, L. 1909, p. 770.)

Sec. 10977. Power to employ attorneys fees for services of same.
The state board of education shall have power to employ a competent
attorney in each congressional district to prosecute the suits mentioned
in the preceding section, and who, for such services, shall be allowed the
following per cent, as fees : For all claims prosecuted to final judgment
in favor of the state or county as plaintiff, on all sums under five hun-
dred dollars, ten per cent. ; between five hundred and one thousand dol-
lars, seven per cent. ; between one thousand and two thousand dollars,
five per cent. ; between two thousand and four thousand dollars, three
per cent.; between four thousand and eight thousand dollars, two per
cent. ; and for all sums over eight thousand dollars, one per cent. such
fees to be paid said attorney out of the sums collected ; and where lands
are recovered by suits instituted by such attorneys, they shall be allowed
such sums for their services as may be deemed reasonable by the county
court of the county in which the lands recovered are situated, to be paid
out of the county treasury ; but if said county court shall neglect or re-
fuse to allow reasonable compensation for the services of said attorneys

112 Revised School Laivs.

in prosecuting suits for the recovery of lands as above set forth, then
such attorneys may bring suit in the circuit court of the proper county
against the county the court of which so refuses or neglects to allow
compensation, and the amount thus recovered shall stand as a judgment
against the county in which said lands are located upon which suit was
brought. And it shall be the further duty of said attorneys to examine
the records and papers relating to school lands and funds in the counties
of the district for which they are appointed, and report the condition of
the same to the state board of education, and they shall receive, as com-
pensation therefor, the sum of six dollars per day for the time actually
employed in such examination, said amount to be audited by the state
board of education and paid out of any moneys in the state treasury not
otherwise appropriated : Provided, that no more than five days shall be
employed in such examination in any one county, except upon an order
of the state board of education. (R. S. 1899, 9817, re-enacted, L 1909
p. 770.)

Sec. 10978. To report to legislature. Said board of education
shall report to each session of the legislature their proceedings under this
chapter, stating therein what suits have been instituted, the amount of
money collected, if any, and the land recovered, if any, naming the coun-
ties in which such suits were instituted and lands recovered, with such
other information as may be deemed important. (R. S. 1899, 9818,
amended, L. 1909, p. 770.)

SCHOOL LIBRARIES.
Chapter 73, Article IV.

Sec. 8184. Library board created. There is hereby created a
state library board to consist of five members, four of whom shall be ap-
pointed by the state board of education to serve for four years and until
their successors are appointed. The state superintendent of schools
shall be a member and ex offieio chairman. (Laws 1901, p. 205.)

Sec. 8185. Board shall select, classify and recommend books.
The state library board shall select, classify and recommend a list of
suitable books for school libraries, supplementary reading and school
reference books. Said list shall contain not less than forty suitable
books to supplement the regular schoolroom work in each of the follow-
ing lines : Reading, literature, history, geography and nature study, or
practical agriculture. They shall enter into contract with the publishers
of the selected books to furnish them, transportation charges prepaid, at
the lowest possible cost to the districts : Provided, that said list may be
revised every two years by said board. It shall be the duty of the state
superintendent of public schools to publish and distribute to the district
clerks of the state a classified list of selected books, setting forth contract
price of each. (Laws 1901, p. 205.)

Revised School Laws. 113

Sec. 8186. School boards to set aside funds to purchase books.

For the purpose of purchasing school libraries, supplementary and refer-
ence books, district boards of directors shall set aside, out of the levy
made for incidental purposes, not less than five nor more than twenty
cents per pupil enumerated in the district each year, which shall be spent
under the direction of the board in purchasing books from the list se-
lected : Provided, that books other than those selected may be purchased
after one hundred volumes have been purchased from the selected list of
library books. (Laws 1901, p. 205.)

It is recommended that teachers be consulted by school boards before books are
purchased. The county superintendent will be able to give wholesome advice in the
selection of books. A pamphlet containing the prices and descriptions of the selected
books has been distributed, containing rules and regulations for the management of
the libraries. When the incidental funds will admit of it, school boards should
appropriate the maximum of twenty cents per child enumerated.

Lists of small libraries will be furnished upon application to the county superin-
tendent or state superintendent. These have been selected with great care, with the
view of supplementing the regular schoolroom work. If ten or fifteen dollars is to be
spent, selections may be made from two or three of the special libraries. These small
libraries are numbered and may be ordered by number. Any combination of special
lists and supplemental lists may be made to suit the amount the district has to spend.

School boards should make, or cause to be made, a simple box bookcase to
rest on the teacher's desk, provided with door on hinges and with lock and key. It
will be much better if such bookcase can be made in the walls of the house when the
house is constructed.

It may be objected that five dollars will not buy many books, and that so few
books will do little good. Try it. Five dollars a year is better than waiting five
years to raise twenty-five dollars. Teachers and pupils will learn to appreciate a few
books faster than if the list is too large Experience with few books will insure wiser
purchases later. Districts should make as large orders as possible, but it is better that
small orders be made now rather than wait to make larger ones.

This law in no wise interferes with the right of directors in cities and towns to
provide public libraries.

IMPORTANT SECTIONS BEARING ON SCHOOL LAW.

Section 1715. Children under 14 not to be employed in certain
occupations. No child under the age of fourteen years shall be em-
ployed, permitted or suffered to work at any gainful occupation within
this state, except at agricultural pursuits, and in domestic service.

Sec. 1716. Children imder 16 not to be employed in certain oc-
cupations notices to be posted. No child under the age of sixteen
years shall be employed, permitted or suffered to work at any gainful
occupation in this state more than forty-eight hours in any one week, nor
more than eight hours per day; nor before the hour of seven o'clock in
the morning, nor after the hour of seven o'clock in the evening. Every
employer shall post in a conspicuous place in every room or place where
such minors are employed a printed notice stating the hours of service
required of them each day of the week, the hours of commencing and
stopping work, and the hour, or hours, when the time, or times, allowed
for meals begin and end. The printed form of such notice shall be
furnished by the state factory inspector.

Sir 8

114 Revised School Laivs.

Section 1717. Lists of children employed to be posted. It shall
be the duty of every person, firm or corporation, employing minors over
fourteen and under sixteen years of age within this state, to keep two
complete lists- containing the names, ages and places of residence of all
such children employed therein, one on file, and one conspicuously
posted near the principal entrance of the place or establishment in
which such children are employed.

Section 1718. Child not to be employed without age certificate-
certificate to be surrendered to owner on termination of employment.-
No child under sixteen years of age, and over fourteen years of age, shall
be employed, permitted or suffered to work in this state unless there is
first produced and placed on file at the time of employment, and accessi-
ble to any factory inspector, and to any school attendance officer, or to
any other authorized officer, an employment certificate as hereinafter pre-
scribed. On termination of the employment of any such child, such cer-
tificate shall be forthwith surrendered by the employer to the owner
thereof, or in the event said certificate is not called for within thirty days,
it shall be transmitted by the employer to the person who issued the same.

Section 1719. Employment certificate, by whom issued, An em-
ployment certificate shall be issued only by the superintendent of instruc-
tion of any board of education in this state, or by a person authorized
by him in writing, or, where- there is no superintendent of instruction, by
a person authorized by the board of directors of any school district in
this state.

Section 1720. Employment certificate, how issued. The person
so authorized to issue an employment certificate shall not issue such cer-
tificate until he has received, examined, approved and filed the following
papers, duly executed:

1. The school record of such child, properly filled out and signed by
the principal or chief executive officer of the school which such child has
attended. It shall contain a statement certifying that the child has regu-
larly attended the public schools, or schools equivalent thereto, or pa-
rochial schools, and is able to read and write 'simple sentences in the
English language. Such school record shall also give the date of birth
and residence of the child, as shown on the record of the school, and the
names of its parent, guardian, or custodian.

2. A passport, or duly attested transcript of the certificate of birth,
or baptism, or other religious record, showing the date and place of birth
of such child.

3. An affidavit of the parent or guardian or custodian of a child
(which shall not be accepted, how r ever, unless a passport or certificate of
birth, or baptism, or other religious record is not obtainable), showing
the place and date of birth of such child. Such affidavit must be taken
before the officer issuing the employment certificate, who is hereby au-
thorized and required to administer such oath without demanding or re-
ceiving any fee therefor.

Section 1721. Employment certificate not to be issued without
personal appearance and examination before officer issuing same.
No employment certificate shall be issued until the child in question has

He vised ISckool Laws. 115

personally appeared before and been examined by the officer issuing the
certificate, nor until such officer, after making such examination, has
signed and filed in his office a statement that the child can read and
legibly write simple sentences in the English language, and that in his
opinion the child is fourteen years of age or over, and has reached the
normal development of a child of its age, and is in sufficiently sound
health and physically able to perform the work it intends to do. When-
ever such, officer issuing the employment certificate requests it, such nor-
mal development, sound health and physical fitness shall be determined
by a medical officer of the board or department of health or by a regu-
larly licensed physician.

Section 1722. Employment certificate, to contain what dupli-
cates, how obtained. Every such employment certificate shall state
the name, sex, residence, the date and place of birth of the child, and
describe the color of the hair and eyes, the height and weight, and any
distinguishing physical marks of such child, and that the papers required
by the preceding sections have been duly examined, approved and filed,
and that the child named in such certificate has appeared before the
officer signing it. Every such certificate shall be signed in the presence
of the officer issuing it by the child in whose name it is issued. It shall
show the date of its issue. In the event such employment certificate is
lost, duplicates may be issued upon the payment of a fee of 50 cents for
each duplicate, which shall be paid into the general school fund.

Section 1723. Employment certificates, subject to review by fac-
tory inspector how cancelled. All such employment certificates shall
be subject to review by the factory inspector, or by any of his assistants
or deputies, and may by him be cancelled if he finds such certificate has
been obtained through fraud, misrepresentation or falsification of facts.
In such cases the factory inspector shall give written notice to the em-
ployer, who shall at once cause the minor affected to be dismissed from
employment. The factory inspector or his assistant or deputy shall also
have the power to demand a certificate of physical fitness from some
regularly licensed physician in the case of children who may seem to said
inspector physically unable to perform the labor at which they may be
employed: and no such child shall be employed who cannot obtain such
a certificate.

Section 1724. Form of employment certificate. Such employment
certificate shall be printed, the printed form to be furnished by the state
factory inspector, and shall be filled out, signed and held for surrender
in the following form :

EMPLOYMENT CERTIFICATE.

I. iHcer issuing certificate shall insert his name and official title and

by wiv* issues sai.l certificate) hereby certify that there personally ap-

peared before me. - , (here insert name of child), and that he, or she, has been
duly examined by me and found by me to be able to read and legibly write simple
sentences in the Eir.'Msh language; and I further certify that in my opinion the said
child is fourteen years of age or over and has reached the normal development of a
child of his, or her, age, and is in sufficiently sound health and physically able to
perform the work which he, or she, intends to do, which, according to the statement of

116 Revised School Laws.

the child, is as follows: (here insert kind of work child states he, or she, intends
to perform).

I further certify that I have received, examined, approved, signed and filed in ray

office at , (here insert address of officer issuing certificate), the papers required

by the statutes of Missouri pertaining to the issuance of employment certificates to
children over fourteen years of age.

I further certify that the child in whose name this certificate is issued has signed
his, or her, name in my presence. His, or her, full name is , (here insert full
name of child in whose "behalf certificate is issued). - - (here state whether male

or female child); residence ; born on the - - day of (month);

(year), at - (place of birth) ; color of hair is ; of eyes is ;

height, ; weight, ; - - (here insert distinguishing facial marks)

In the event this certificate is lost, a duplicate may be issued upon the payment ot
a fee of 50 cents:

Signed this - - day of - - (month), - - (year), at - - (place of
issuance.)

(Signature and official title of officer issuing certificate).

(Signature and address of child on whose behalf certificate is issued).

Section 1725. Persons issuing certificates to transmit list of same
monthly to factory inspector. The superintendent of instruction, or
other person authorized to issue employment certificates, shall transmit,
between the first and tenth days of each month, to the office of the factory
inspector, upon blanks to be furnished by him, a list of the names of the
children to whom certificates have been issued. Such list shall give the
name of the prospective employer, if known, and the nature of the occu-
pation the child intends to engage in.

Section 1726. Presence of child, prima facie evidence of employ-
ment. The presence of any person under the age of sixteen years in
any place where labor is employed shall constitute prima facie evidence
of his, or her, employment therein.

Section 1726a, Boys under 10 and girls under 16 not to sell
papers, etc., in certain places. No boy under ten and no girl under
sixteen years of age shall sell, or expose, or offer for sale, newspapers,
magazines, periodicals, or other merchandise in any street or hotels,
railway stations, places of public amusement, places where intoxicating
liquors are manufactured or sold or public office buildings within the
state.

Section 1726b. Children under the age of 16 not to be employed
in certain occupations. No child under the age of sixteen years shall
be employed, permitted or suffered to work at any of the following occu-
pations or in any of the following positions: Sewing machine belts in
any workshop or factory, or assisting therein in any capacity whatever ;
adjusting any belt to any machinery; oiling, wiping or cleaning ma-
chinery or assisting therein ; operating, or assisting in operating circular
saws; wood jointers; wood shapers; planers; sandpaper or wood-polish-
ing machinery ; picker machines ; machines used in picking wool ; ma-
chines used in picking cotton ; machines used in picking hair ; machines
used in picking upholstering material; paper-lacing machines; leather-
burnishing machines; burnishing machines in any tannery or leather

Revised School Laws. 117

manufactory ; job or cylinder printing presses, operated by power other
than foot power; emery or polishing wheels used for polishing metal;
woodturning or boring machinery; stamping machines used in sheet-
metal and tinware manufacturing ; stamping machines used in washer
and nut factories ; corrugating rolls, such as are used in roofing and wash-
board factories; steam boilers; steam machinery; or other steam gener-
ating apparatus ; dough brakes ; or cracker machinery of any description ;
wire or strengthening machinery; rolling mill machinery, punches or
shears ; washing, grinding or mixing mills ; calender rolls in rubber man-
ufacturing; laundering machinery.

Section 1726c. Children under 16 not to be employed in manu-
facture of certain goods, or in certain positions. No child under the
age of sixteen years shall be employed, permitted or suffered to work in
any capacity in, about or in connection with the preparing any compo-
sition in which dangerous or poisonous acids or alkalies are used ; man-
ufacture of paints, colors or white lead; dipping, drying or packing
matches ; manufacturing, packing or storing powder, dynamite, nitro-
glycerine compounds, fuses or other explosives; manufacture of goods
for immoral purposes ; nor in, about or in connection with any brew-
ery, or other establishment where malt or alcoholic liquors are manu-
factured, packed, wrapped or bottled; hotel; concert hall; moving
picture shows ; pool and billiard halls ; wholesale drug store ; saloon,
or place of amusement ; nor in operating any automobile, motor car or
truck ; nor in bowling alleys ; nor in any other employment declared by
the state factory inspector to be dangerous to lives and limbs, or in-
jurious to the health or morals of children under the age of sixteen.

Section 1726d. Penalty. The violation of any of the provisions
of this act shall be deemed a misdemeanor and every day's violation shall
constitute a separate offense, and any person, firm or corporation com-
mitting such violation shall be punished by a fine of not more than
$100.00, or by imprisonment in the county jail not exceeding one year, or
by both such fine and punishment.

Sec. 2. Child may be excused temporarily, when. Section 10897
of the Revised Statutes of Missouri of 1909 is hereby amended by strik-
ing out of the tenth and eleventh lines thereof, after the word "road" in
the tenth line thereof, the following words, to-wit, "or that the labor of
said child is absolutely necessary for the support of the family," so that
said section thus amended shall read as follows: "Section 10897. A
child between the ages aforesaid may be excused temporarily from com-
plying with the provisions of sections 10896 to 10905, inclusive, in whole
or in part, if it can be shown to the satisfaction of a court of competent
jurisdiction that said parent, or guardian, or person having charge or
control of said child, is not able, through extreme destitution, to provide
or obtain in any way proper clothing for said child ; or that said child is
mentally or physically incapacitated to attend school for the whole period
required, or any part thereof, or that there is no public school taught
within two and one-half miles of the residence of said child by the near-
est traveled road, or that said child has completed the common school
course as prescribed by constituted authority, or its equivalent, and has
received a certificate of graduation therefrom."

118 Revised School Laws.

Sec. 3. Children, when excused from attendance. Section 10907
of the Revised Statutes of Missouri of 1909 is hereby amended by strik-
ing out of the tenth and eleventh lines thereof the following words, to
wit: "or that the labor of said child is absolutely necessary for the sup-
port of the family ;" and by striking out all that part of said section, be-
ginning in the thirteenth line thereof with the words : ' ' Provided, how-
ever/' and ending with word "officer," being the last word of said sec-
tion, so that said section thus amended shall read as follows : ' ' Section
10907. A child between the ages aforesaid may be excused temporarily
from complying with the provisions of sections 10906 to 10917, in-
clusive, in whole or in part, if it be shown to the satisfaction of the attend-
ance officer, or if he declines to excuse to the satisfaction of a court of
competent jurisdiction, that said parent, guardian, or person having
charge, control or custody of said child is not able, through extreme des-
titution, to provide or obtain in any way proper clothing for said child ;
or that said child is mentally or physically incapacitated to attend school
for the whole period required, or any part thereof, or that said child has
completed the common school course, as prescribed by constituted au-
thority, or its equivalent, and has received a certificate of graduation
therefrom." (Session Acts 1911.)

In connection with this read sections 10896-10905 on compulsory attendance of
children.

Sec. 4560. Claims corruptly allowed by county courts and other
officers. Any member of the county court, common council or board
of trustees, or officer or agent of any county, city, town, village, school
township, school district or other municipal corporation, who shall, in
his official capacity, wilfully or corruptly vote for, assent to or report in
favor of, or allow or certify for allowance, any claim or demand, or any
part thereof, against the county, city, town, village, school township,
school district or other municipal corporation, of which he is such officer
or agent, or against the county court, common council or board of trus-
tees of which he is a member -such claim or demand, or part thereof, be-
ing for or on account of any contract or demand or service not authorized
or made as provided or required by law every such person so offending
shall, on conviction, be punished by imprisonment in the penitentiary
not more than five years, or by a fine of not less than one hundred nor
more than five thousand dollars, or by imprisonment in the county jail
not less than two nor more than twelve months, or by both such fine and
imprisonment. (R. S. 1899, 1922.)

Sec. 4615. Injury of schoolhouses and church buildings. Every
person who shall injure, deface or destroy any building used as a school-
house, or any church building or other building used for such purposes
or for other religious or educational purpose, or any furniture, fixtures
or apparatus thereto belonging, or who shall deface, mar or disfigure any
such building, or any part thereof, or the fixtures therein, by writing,
painting, cutting or pasting thereon any likeness, figures, words or de-
vice, or who shall commit any trespass upon the land connected with said
schoolhouse and used for school or educational purposes, by removing
therefrom the water, contained in any well, cistern or reservoir, in which

Revised School Laws. 119

water is gathered or kept for the supply of said schoolhouse or those
attending the same, and without the permission, in writing, of the person
or persons having the legal control of said schoolhouse and land, or who
shall in any manner pollute the water contained in any well, cistern or
reservoir, shall be deemed guilty of a misdemeanor. (R. S. 1899,
1974.)

Sec. 4713. Disturbing religious assemblies. Every person who
shall wilfully, maliciously or contemptuously disquiet or disturb any
camp meeting, congregation or other assembly met for religious worship,
or when meeting at the place of worship, or dispersing therefrom, or any
school or other meeting or assembly of people met together for any lawful
purpose whatever, by making a noise, or by rude or indecent behavior
or profane discourse within the place of assembly, or so near the same as
to interrupt or disturb the order or solemnity thereof, or who shall wil-
fully menace, threaten or assault any person there being, shall be deemed
guilty of a misdemeanor. (R. S. 1899, 2160.)

Sec. 4734. Sale and gift of cigarettes or cigarette paper for-
bidden penalty. Any person who shall, by himself, his servant or
agent, or as the servant or agent of any other person, directly or indi-
rectly, or upon any pretense, or by any device, sell, give away or other-
wise dispose of, unto any person under the age of eighteen years, any
cigarette, cigarette paper or cigarette wrappers, or any substitute there-
for, or any paper made or prepared for the purpose of making cigarettes
or any substitute therefor, or for the purpose of being filled with tobacco
for smoking, shall be adjudged guilty of a misdemeanor, and, upon con-
viction thereof, be punished by a fine of not less than ten dollars nor
more than one hundred dollars for the first offense, and by a fine of not
less than fifty dollars nor more than five hundred dollars for the second
offense ; and provided further, that one-half of the fine recovered shall go
to the complaining witness. (Laws 1903, p. 164, amended, Laws 1909,
p. 447.)

Sec. 4735. Use of cigarettes by minors in public places forbidden
penalty. Every person, over the age of ten years and under the age
of eighteen years, who shall smoke or use cigarettes on any public road,
street, alley, park, or other lands used for public purposes, or in any
public place of business or amusement, or upon any railroad train or
street car, shall, upon conviction, be adjudged guilty of a misdemeanor,
and punished by a fine of not more than ten dollars. (Laws 1909,
p. 447.)

Sec. 1249. Bonded debt of counties, cities, etc., may be funded
question to be submitted. The various counties in this state, for them-
selves, as well as in behalf of any township or parts of townships for
which said counties may have heretofore issued any bonds, and the several
cities, villages, incorporated towns and school districts, are hereby au-
thorized by their respective county courts, and the said cities, villages
and incorporated towns by their authorities, and the said school districts
by their respective school boards, to fund any part or all of their existing
bonded indebtedness, including any judgments, bonds, or coupons, at a
lower rate of interest, and for that purpose may issue, negotiate, sell and

120 Revised School Laws.

deliver renewal or funding bonds, and with the proceeds thereof pay off,
redeem and cancel old bonds, as the same are called for redemption :
Provided, that such funding bonds shall not.be sold for less than the par
value thereof, and that in no case shall the amount of the debt of any
such county or township or parts of townships, or city, village, incor-
porated town or school district, nor the rate of interest on such debt, be
increased or enlarged under the provisions of this chapter ; and provided
also, that no funding bonds issued under this chapter shall be payable
in less than five nor more than thirty years from the date thereof, and
that such funding bond shall be of the denomination of not more than
one thousand dollars nor less than one hundred dollars, and shall bear
interest not to exceed five per cent, per annum, payable annually or semi-
annually, and to this end each bond shall have annexed interest coupons,
and the funding bonds and coupons shall be made payable to bearer:
Provided, that nothing in this act shall be so construed as prohibiting
any county, city, township or school district having a bonded debt from
refunding such debt without the submission of the question to a popular
vote, whenever such refunding can be done at a lower rate of interest
than the bonds so refunded bore. (R. S. 1899, 5157, amended, Laws
1901, p. 52.)

23 Mo. 483; 33 Mo. 440; 36 Mo. 294; 38 Mo. 450; 41 Mo. 453; 44 Mo. 197, 504;
45 Mo. 458; 47 Mo. 349; 48 Mo. 167, 390; 50 Mo. 338, 600; 51 Mo. 479, 522; 54 Mo. 58;
56 Mo. 126; 62 Mo. 188; 67 Mo. 35^3, 445; 69 Mo. 150, 224; 72 Mo. 329, 496; 85 Mo. 41;
86 Mo. 551; 92 Mo. 511; 93 Mo. 606; 96 Mo. 29; 101 Mo. 136; 106 Mo. 659; 109 Mo.
248; 112 Mo. 126; 113 Mo. 297; 116 Mo. 129; 120 Mo. 577; 121 Mo. 614; 123 Mo. 72;
128 Mo. 427; 45 A. 660; 69, A. 660. Where vote held necessary. 42 Mo. 171; 45 Mo.
242 ; 48 Mo. 167, 390 ; 51 Mo. 350 ; 67 Mo. 445. Irregularities. 33 Mo. 440 ; 36 Mo. 294 ;
47 Mo. 349; 48 Mo. 390, 167; 45 A. 660. When void. 48 Mo. 167; 56 Mo. 126; 66 Mo.
498; 67 Mo. 345, 445. Conflict, federal and state courts. 72 Mo. 499; 75 Mo. 246;
77 Mo. 573; 106 Mo. 659. A bona fide holder for value has right to presume the issue
regular, 51 Mo. 483; 54 Mo. 58; 7 A. 294. Tender. 107 Mo. 50. Dealing with agent,
etc. 143 Mo. 13.

This section vests the board of directors with authority to refund the bonded
indebtedness of the district at a less rate of interest at any time after it, by the
terms of the bonds, becomes payable at the option of the board, and before final
maturity thereof.

Sec. 1275. Bonds to be registered. Before any bond hereafter
issued by any county, city, town, village or school district, for any pur-
pose whatever, shall obtain validity or be negotiated, such bond shall
first be presented to the state auditor, who shall register the same in a
book or books provided for that purpose, in the same manner as the state
bonds are now registered, and who shall certify by indorsement on such
bond that all the conditions of the laws have been complied with in its
issue, if that be the case, and also that the conditions of the contract
under which they were ordered to be issued have also been complied
with, and the evidence of that fact shall be filed and preserved by the
auditor; but such certificate shall be prima facie evidence only of the
facts therein stated, and shall not preclude or prohibit any person from
showing or proving the contrary in any suit or proceeding to test or de-
termine the validity of such bonds, or the power of any county court, city
or town council or board of trustees, or school board or other authority,

Revised School Lawj*. 121

to issue such bonds ; and the remedy of injunction shall also lie at the in-
stance of any taxpayer of the respective county, city, town, village,
township or school district,, to prevent the registration of any bonds al-
leged to be illegally issued or funded under any of the provisions of this
article. (R. S. 1899, 5167.)

Sec. 1247. Contractors with counties, cities, school districts, etc,,
to give bond. All counties, cities, towns and school districts making
contracts for public work of any kind to be done for such county, city,
town or school district shall require every contractor to execute a bond
with good and sufficient securities, and such bond, among other condi-
tions, shall be conditioned for the payment for all material used in such
work, and all labor performed on such work, whether by subcontract or
otherwise. (R. S. 1899, 6761.)

Sec. 11073. Diplomas and certificates secretary of each board and
state superintendent to make annual report. The normal diploma,
conferred upon completing the "advanced course," shall entitle the
holder thereof to teach in any county in this state, without further ex-
amination, until revoked by the board of regents or curators granting
the same, or by the county school commissioner, or state superintendent
of schools, for incompetency, cruelty, immorality, drunkenness or neglect
of duty; and the normal certificate, granted upon completing the " ele-
mentary course," shall bear the names of the branches of study com-
pleted and the grades sustained in each ; and said certificate shall in like
manner entitle the holder thereof to teach the branches therein named
for a period of two years from date, unless sooner revoked by said board,
or county school commissioner, or state superintendent of schools, for one
or more of the causes above specified ; and the provisions of this section
shall apply to the normal department of the university of Missouri and
to Lincoln Institute. The secretary of each board shall annually, in the
month of June, transmit to the state superintendent the names of those
receiving such diploma or certificate, with residence and date of issue,
arid the state superintendent shall annually, in the month of August,
forward to each county commissioner a printed list of persons holding
state certificates now in force, and those authorized to teach under the
provisions of this section, giving name, residence, date of qualification,
and by whom conferred, and the date each normal certificate expires ; and
the holder of such state certificate, normal diploma or normal certificate
shall, before commencing to teach a public school in any county in this
state, notify the county commissioner thereof of such fact, give date of
qualification, and by whom conferred. (R. S. 1899, 9993, amended,
Laws 1909, p. 851.)

Sec. 11078. Annual report of president of board, shall contain
what. The president of each of the boards of regents of the normal
schools shall make to the state superintendent of public schools an an-
nual report in the month of August in each year, which shall contain a
full account of the acts of said board, of all receipts of moneys from
appropriations, tuition fees and all other sources, and the disbursements
thereof and for what purposes, and the condition of said normal schools ;
also a list of the names of all students that may have been taught in the

122 Revised School Laws.

respective normal schools during the preceding year, with the age and
place of residence of each, the number of terms enrolled, the number of
days each has been taught, and the amount of tuition or incidental fees
paid. (R. S. 1899, 9998, amended, Laws 1909, p. 851.)

Sec. 11132. Selling liquor to students penalty. Any person who
shall knowingly sell, give or in any manner dispose of any intoxicating
liquor to any student of the university of the state of Missouri, or of any
school or college or academy in this state, shall be deemed guilty of a
misdemeanor, and shall, upon conviction, be punished by a fine of not
less than forty nor more than four hundred dollars, or by imprisonment
in the county jail not less than three months nor more than one year, or
by both such fine and imprisonment: Provided, that it shall be lawful
for druggists to sell or give such liquor to any student upon the written
prescription of a regular practicing physician in good standing: Pro-
vided, that nothing in this section shall be so construed as to apply to
any mercantile or business college. (Laws 1909, p. 884.)

PROVISIONS OF THE CONSTITUTION OF MISSOURI.

ARTICLE VIII SUFFRAGE.

Sec. 2. Every male citizen of the United States, and every male
person of foreign birth who may have declared his intention to become
a citizen of the United States according to law, not less than one year
nor more than five years before he offers to vote, who is over the age of
twenty-one years, possessing the following qualifications, shall be entitled
to vote at all elections by the people :

First He shall have resided in the state one year immediately
preceding the election at which he offers to vote.

Second He shall have resided in the county, city or town where
he shall offer to vote at least sixty days immediately preceding the elec-
tion.

Sec. 7. For the purpose of voting, no person shall be deemed to
have gained a residence by reason of his presence, or lost it by reason of
his absence, while employed in the service, either civil or military, of
this state or of the United States, nor while engaged in the navigation of
the waters of the state or of the United States, or of the high seas, nor
while a student of any institution of learning, nor while kept in a poor-
house or other asylum at public expense, nor while confined in public
prison.

Sec. 8. No person, while kept at any poorhouse or other asylum,
at public expense, nor wiiile confined in any public prison, shall be en-
titled to vote at any election under the laws of this state.

Sec. 11. No officer, soldier or marine, in the regular army or
navy of the United States, shall be entitled to vote at any election in this
state.

Sec. 12. No person shall be elected or appointed to any office
in this state, civil or military, who is not a citizen of the United States,
and who shall not have resided in this state one year next preceding his
election or appointment.

Revised School Laws.

ARTICLE X TAXATION.

Sec. 11. Taxes for county, city, town and school purposes may
be levied on all subjects and objects of taxation; but the valuation of
property therefor shall not exceed the valuation of the same property in
such town, city or school district for state and county purposes. For coun-
ty purposes the annual rate on property, in counties having six million
dollars or less, shall not, in the aggregate, exceed fifty cents on the hun-
dred dollars valuation ; in counties having six million dollars and under
ten million dollars, said rate shall not exceed forty cents on the hundred
dollars valuation; in counties having ten million dollars and under
thirty million dollars, said rate shall not exceed fifty cents on the hun-
dred dollars valuation ; and in counties having thirty million dollars or
more, said rate shall not exceed thirty -five cents on the hundred dollars
valuation. For city and town purposes, the annual rate on property in
cities and towns having thirty thousand inhabitants or more shall not,
in the aggregate, exceed one hundred cents on the hundred dollars valua-
tion ; in cities and towns having less than thirty thousand and over ten
thousand inhabitants, said rate shall not exceed sixty cents on the hun-
dred dollars valuation ; in cities and towns having less than ten thousand
and more than one thousand inhabitants, said rate shall not exceed fifty
cents on the hundred dollars valuation ; and in towns having one thou-
sand inhabitants or less, said rate shall not exceed twenty-five cents on
the hundred dollars valuation. For school purposes in districts ' com-
posed of cities, which have one hundred thousand inhabitants or more,
the annual rate on property shall not exceed sixty cents on the hundred
dollars valuation, and in other districts forty cents on the hundred dol-
lars valuation : Provided, the aforesaid annual rates for school purposes
may be increased in districts formed of cities and towns to an amount
not to exceed one dollar on the hundred dollars valuation, and in other
districts to any amount not to exceed sixty-five cents on the hundred dol-
lars valuation, on the condition that a majority of the voters who are tax-
payers, voting at an election held to decide the question, vote for said
increase. For the purpose of erecting public buildings in counties,
cities or, school districts, the rates of taxation herein limited may be in-
creased when the rate of such increase and the purpose for which it is in-
tended shall have been submitted to a vote of the people, and two-thirds
of the qualified voters of such county, city or school district voting at.
such election shall vote therefor. The rate herein allowed to each county
shall be ascertained by the amount of taxable property therein, according
to the last assessment for state and county purposes, and the rate al-
lowed to each city or town by the number of inhabitants, according to the
last census taken under the authority of the state, or the United States ;
said restrictions as to the rates shall apply to taxes of every kind and
description, whether general or special, except taxes to pay valid indebt-
edness now existing or bonds which may be issued in renewal of such in-
debtedness: Provided, that the city of St. Louis may levy for municipal
purposes, in addition to the municipal rate of taxation above provided, a

124 Revised School Laws.

rate not exceeding the rate which would be allowed for county purposes
if said city were part of a county.

Sec. 12. No county, city, town, township, school district or other
political corporation or subdivision of the state shall be allowed to be-
come indebted in any manner^, or for any purpose, to an amount exceed-
ing in any year the income and revenue provided for such year, without
the assent of two-thirds of the voters thereof, voting at an election to be
held for that purpose; nor in cases requiring such assent shall any in-
debtedness be allowed to be incurred to an amount, including existing
indebtedness, in the aggregate exceeding five per centum on the value of
the taxable property therein, to be ascertained by the assessment next be-
fore the last assessment for state and county purposes, previous to the in-
curring of such indebtedness : Provided, that with such assent any county
may be allowed to become indebted to a larger amount for the erection of
a courthouse or jail ; and provided further, that any county, city, town,
township, school district, or other political corporation or subdivision of
the state, incurring any indebtedness requiring the assent of the voters
aforesaid, shall before or at the time of doing so provide for the collection
of an annual tax sufficient to pay the interest on such indebtedness as it
falls due, and also to constitute a sinking fund for payment of the princi-
pal thereof, within twenty years from the time of contracting the same.

ARTICLE XI EDUCATION.

Section 1. A general diffusion of knowledge and intelligence
being essential to the preservation of the rights and liberties of the peo-
ple, the general assembly shall establish and maintain free public schools
for the gratuitous instruction of all persons in this state between the ages
of six and twenty years.

Sec. 2. The income of all the funds provided by the state for
the support of free public schools shall be paid annually to the several
county treasurers, to be distributed according to law ; but no school dis-
trict in which a free public school has not been maintained at least three
months during the year for which the distribution is made shall be en-
titled to receive any portion of such funds.

Sec. 3. Separate free public schools shall be established for the
education of children of African descent.

Sec. 4. The supervision of instruction in the public schools shall
be vested in a "board of education," whose powers and duties shall be
prescribed by law. The superintendent of public schools shall be presi-
dent of the board ; the governor, secretary of state and attorney-general
shall be ex officio members, and, with the superintendent, compose said
board of education.

Sec. 5. The general assembly shall, whenever -the public school
fund will permit, and the actual necessity of the same may require, aid
and maintain the state university now established, with its present de-
partments. The government of the state university shall be vested in the
board of -curators, to consist of nine members, to be appointed by the
governor, by and with the advice and consent of the senate.

Revised School Laivs. 125

Sec. 6. The proceeds of all lands that have been or hereafter
nrny be granted by the United States to this state, and not otherwise ap-
propriated by this state or the United States; also, all moneys, stocks,
bonds, lands and other property now belonging to any state fund for pur-
poses of education ; also, the net proceeds of all sales of lands and other
property and effects that may accrue to the state by escheats, from un-
claimed dividends and distributive shares of the estates of deceased per-
sons ; also, any proceeds of the sales of the public lands which may have
been or hereafter may be paid over to this state (if congress will con-
sent to such appropriation) ; also, all other grants, gifts or devises that
have been or hereafter may be made to this state, and not otherwise ap-
propriated by the state or the terms of the grant, gift or devise, shall
be paid into the state treasury and securely invested and sacredly pre-
served as a public school fund; the annual income of which fund, to-
gether with so much of the ordinary revenue of the state as may be by
law set apart for that purpose, shall be faithfully appropriated for es-
tablishing and maintaining the free public schools and the state universi-
ty in this article provided for, and for no other uses or purposes what-
ever.

Sec. 7. In case the public school fund now provided and set
apart by law for the support of free public schools shall be insufficient
to sustain a free school at least four months in every year in each school
district in this state, the general assembly may provide for such de-
ficiency in accordance with section eleven of the article on revenue and
taxation, but in no case shall there be set apart less than twenty-five per
cent, of the state revenue, exclusive of the interest and sinking fund, to
be applied annually to the support of the public schools.

Sec. 8. All moneys, stocks, bonds, lands and other property be-
longing to a county school fund ; also, the net proceeds from the sale of
estrays; also, the clear proceeds of all penalties and forfeitures, and of
all fines collected in the several counties for any breach of the penal or
military laws of the state, and all moneys which shall be paid by persons
as an equivalent for exemption from military duty, shall belong to and
be securely invested and sacredly preserved in the several counties as a
county public school fund ; the income of which fund shall be faithfully
appropriated for establishing and maintaining free public schools in the
several counties in this state.

Sec. 9. No part of the public school fund of the state shall ever
be invested in the stock or bonds or other obligations of any other state,
or of any county, city, town or corporation ; and the proceeds of the sales
of any lands or other property which now belongs or may hereafter be-
long to said school fund shall be invested in the bonds of the state of
Missouri or of the United States.

Sec. 10. All county school funds shall be loaned only upon un-
encumbered real estate security of double the value of the loan, with per-
sonal security in addition thereto.

Sec. 11. Neither the general assembly nor any county, city,
town, township, school district or other municipal corporation shall ever
make an appropriation, or pay from any public fund whatever, anything

126 Revised School Laics.

in aid of any religious creed, church or sectarian purpose, or to help to
support or sustain any private or public school, academy, seminary, col-
lege, university or other institution of learning, controlled by any re-
ligious creed, church or sectarian denomination whatever; nor shall any
grant or donation of personal property or real estate ever be made by the
state, or any county, city, town or other municipal corporation, for any
religious creed, church or sectarian purpose whatever.

INDEX.

Additions to school houses . Section Page

funds for, how secured 10777 10

Alcoholic drinks, narcotics, etc.

effect to be taught 10806 32

Annexation

common districts to city or town districts 10880 78

disposition of moneys in case of 10880 78

maintenance of libraries 10894 85

restrictions on 10880 78

to cities of more than 100,000, procedure 10891 83

election for 10892 83

proceedings, if carried .' 10893 84

when corporate limits extended 10882 79

Annual meeting

how organized 10845 54

powers of 10845 54

when and where held 10844 54

Appeal

change boundary 10837 46

when district divided by county line 10837 46

Apportionment public moneys -

errors, how corrected 10823 39

to counties by whom, when ....*.. 10822 37

to districts, by whom 10822 37

when township is in two counties 10824 40

Approved summer schools

complimentary grades not to be given 10948 103

grades accepted by whom 10947 103

Arbitration, board of

fees, by whom paid 10837 46

powers and duties 10837 46

qualification of members 10837 46

to determine change of boundary 10837 46

to determine valuation of property 10840 51

Arbor day

how observed 10801 29

when observed 10801 29

Association, county teachers'

(see county teachers' association.)

(127)

128 Index.

Attendance, compulsory Section Page

(sec compulsory attendance.)

Ballot

form of for loan J 0777 10

Blanks

county superintendent to furnish districts 10936 97

how distributed 10920 90

how printed 10925 92

prescribed by State Superintendent 10925 92

State Superintendent to furnish 10936 97

Blind children

county clerk to certify list of 10790 21

Board of directors

admit non-resident pupils 10785 16

cannot dismiss teacher r 10788 20

cannot issue warrant, when 10856 66

cannot pay teacher's wages, when 1085C 66

cannot rent building's, when 10833 43

duty to visit school 10789 21

guilty of misdemeanor, when 10965 109

individually responsible for tuition, when 10795 25

majority to transact business 10849 60

may call special meeting, when 10798 28

may close colored school , when 10794 23

may condemn site 10792 23

may establish joint colored school, when 10794 24

may invest or loan sinking fund 10782 14

may exchange funding bonds 10780 14

may refund bonds 10779 13

may refuse to pay teachers, when 10788 20

may require medical examination 10786 18

may suspend or expel pupils, when 10785 16

may transfer certain funds 10857 67

must establish colored school, when 10794 24

must make provision for interest 10783 15

organization of 10849 60

president to call special meetings 10787 18

president to receive expenses, when 10856 66

shall not allow use of house, when 10784 15

shall receive no compensation 10849 60

to call special meetings, when 10799 28

to employ janitor, etc 10784 15

to employ teacher, when 10787 18

to forward estimate, when 10791 22

to have care of property of district 10784 15

to keep building and grounds in repair 10784 15

to make estimate 10791 22

to make rules 10785 16

to provide sinking fund 10782 14

to purchase library books 8186 113

to purchase supplies 10784 15

to rent house for school, when 10794 23

to sell renewal bonds, when 10780 14

to submit proposition to increase tax 10796 26

to take enumeration, when 10790 21

vacancy, how filled 10850 61

vacancies, how filled 10845 54

Index. 129

Board of education (see board of directors) Section Page

bond of treasurer 10873 75

cannot employ members 10884 80

duties of 10871 75

duties of president and secretary 10868 73

election of members .' 10867 73

guilty of misdemeanor, when 10965 109

length of school term 10872 75

may accept gifts for libraries 10885 81

may adopt text-books , when 10968 109

may establish night schools 10889 83

may issue funding and refunding bonds 10779 13

may loan sinking fund , when 10887

organization of 10868 73

power to establish libraries 10871 75

shall select depositories 10886 81

tenure of members 10866 73

to exchange funding bonds 10780 14

to keep seal 10872 75

to provide sinking and inte/est fund 10778 12

to publish financial report 10884 80

to publish synopsis compulsory attendance law 10902 88

to purchase site 10888 82

treasurer of, custodian of moneys 10873 75

vacancies, how filled 10866 73

Bonds

board to sell renewal, when 10780 14

clerk to keep record of destroyed 10781 14

contractors to give ' 1247 121

county or township treasurer responsible for, when 10777 10

denomination of / 10779 13

funding and refunding, by whom issued 10779 13

funding may be issued 1249 119

how voted .' 10777 10

if forfeited, how recover 10957 107

interest on, when payable. 10779 13

liability of treasurer for failure to burn 10874 76

may be exchanged, by whom 10780 14

not to be negotiated , when 10777 10

of county superintendent 10931 95

of State Superintendent 10919 89

of treasurer 10830 41

publisher liable upon, when 10957 107

rate shall not exceed legal 10778 12

record kept, by whom 10779 13

refunded by board 10779 13

refunding, no vote required 1249 119

shall not exceed 5 per cent, valuation 10778 12

shall not run for longer than twenty years 10778 12

time and place of payment 10779 13

to be countersigned by treasurer 10777 10

to be destroyed, when, how 10781 14

Boundary line

appeal to county superintendent 10837 46

change, city an'd town districts 10881 78

change, district in two counties 10842 52

change of, procedure 10837 46

SL 9

130 index.

Boundary line Continued. Section Page

change, when decided 10845 54

clerk to notify county clerk and county superintendent . 10860 68

notices, nature of 10837 46

restrictions on change of 10837 46

Bribery

in text-book adoption, penalty for 10973 110

Building fund (see funds)

apportionment in newly formed districts 10841 51

rate of levy, when and how determined 10845 54

special meeting for voting x 10797 27

Certificates

applicant may raise grade of 10943 101

by whom issued .' 10939 99

complimentary not to be granted 10948 103

examination for, county 10939 99

fees for examination for 10944 102

fees for endorsement of second grade 10943 101

fees for renewal of first and second grade 10942 101

grades to be kept 10943 101

grades made in approved summer schools to be accepted on 10947 103

endorsement of second grade in adjoining counties 10943 101

may be revoked 10945 102

papers graded by State Superintendent 10940 100

qualifications necessary 10939 99

10941 100

renewal of first and second grade, conditions 10942 101

special, to whom granted . 10939 99

State Superintendent may grant , 10920 90

teachers to have legal 10804 31

three grades, requirements for. . v 10939 99

10941 100

to be filed with district clerk 10787 18

Cigarettes

sale of prohibited. 4734 119

use of prohibited 4735 119

Child labor law 1715 113

City and town school districts

annexation adjoining districts 10880 78

annexation when corporate limits extended 10882 79

article IX not to apply to certain 10849 103

change boundary line of 10881 78

establishment of primary and high schools 10869 74

exempt from text-book law 10953 105

exempt, may make text-book adoptions 10968 109

how disorganized 10870 74

not entitled to school funds, when 10822 37

to establish libraries 10871 75

Claims

corruptly allowed 4560 118

unjust, allowed 4560 118

Classification

of high schools 10923 91

of school districts . 10775 7

Index. 131

Colored children Section Page

. cannot attend white school 10793 23

right to attend in other districts 10795 25

separate schools for 10793 23

Colored schools

board must establish , when 10794 23

joint, control of 10794 23

joint, how maintained 10794 23

joint, may be established 10794 23

may be closed, when 10794 23

Colored teachers' institutes

certificate fee by attendants 10946 103

established 10,946 103

fee 10946 103

grades made in 10946 103

instructors , how appointed 10946 103

Common school districts (see districts)

Compensation

board of arbitration 10837 46

county clerk 10877 75

county clerk for school tax book 10826 41

county collector 10828 41

county superintendents 10938 98

county treasurer 10830 41

district clerk 10849 60

none to directors 10849 60

secretary board education 10884 80

text-book commission 10952 105

treasurer board education 10884 80

Compulsory attendance

boards may establish truant schools 10900 87

children excused, when and. how 10897 86

county superintendent to be furnished list 10899a 87

district clerk to send warning 10901 87

employment of children forbidden 1715 113

1716 113

1718 114

1726a 116

1726b 116

1726C 117

officers , duties 10898 86

officers, how appointed 10898 86

officers, rights 10898 86

parents and guardians required to send children 10896 85

penalty for employment of children 1726d 117

penalty for non-compliance 10901 87

prosecutions, how brought 10899a 87

10905 88

prosecuting attorney shall act 10899a 87

" synopsis of law to be published 10902 88

teachers to be furnished with enumeration lists 10899 87

teachers to report delinquents 10899 87

warning to parents or guardians 10901 87

Condemnation

board may condemn site 10792 23"

proceedings (Chap. 22, Art. II, R. S. 1909.)

132 Index.

Consolidated school districts (see also districts) Section Page

how disorganized 10870 74

how formed 10883 80

how governed 10883 80

what constitutes 10775 7

Contagious diseases

board may exclude children with 10786 18

board may require medical examination, when 10786 18

teacher may exclude children with 10786 18

Contracts

commission to enter into for five years 10960 108

made by majority of board 10868 73

penalty for attempted violation 10965 109

publisher to forfeit, when 10971 110

rules part of, when 10788 20

to be made, how ." 10787 18

to be signed by whom 10787 18

void if house is destroyed 10788 20

County clerk

compensation t 10877 77

compensation of for making school tax book 10826 41

duty of as to estimates 10825 40

held responsible for funds, when 10809 33

may be punished for neglect, when 10802 30

must furnish tally sheet for election returns of county superintendent. 10930 94

shall certify election county superintendent 10930 94

shall issue commission to county superintendent 10930 94

to apportion funds to districts 10822 37

to assess building tax 10797 27

to assess tax, when 10796 26

to certify lists of deaf, dumb and blind .- . 10790 21

to list owners personal property 10825 40

to make report to State Superintendent 10827 4-1

to make school tax book 10825 40

to sign October statement county treasurer 10831 42

County collector

compensation of 10828 41

duties of to city and town districts 10878 77

duty of 10828 41

to collect delinquent taxes 10829 41

County court

held responsible for funds 10809 33

may appoint agent to rent or manage property 10821 37

may invest sinking fund 10858 68

may order sale of property 10819 36

may order sheriff to sell property 10819 36

may purchase mortgaged property 10821 37

may require additional security 10818 35

shall furnish county superintendent office 10931 95

shall require security for loans 10816 34

shall resell property, when 10821 37

to collect and distribute funds 10810 33

to credit interest on sinking fund 10859 68

to have care of township funds 10813 34

Index-. 133

County court Continued. Section Page

to have jurisdiction of funds 10810 33

to invest school funds, how 10809 33

to loan surplus district funds 10862 69

to preserve and loan county school funds 10808 32

to renumber school districts , . . . 10834 44

to require abstract title in making loans 10816 34

to transfer funds, when 10824 40

County superintendent

appeal to, change of boundary 10837 46

appoint board arbitration 10837 46

appoint board arbitration 10840 51

bond of 10931 95

county commissioner shall become 10929 93

county court shall furnish office 10931 95

duties of 10935, 10936 97

election of 10930 94

election returns, how certified 10930 94

Governor appoints in case of tie vote 10930 94

has supervision over schools 10932 95

may be punished for neglect, when 10802 30

may organize county association 10934 96

may not act as agent 10926 93

must furnish information to prosecuting attorney 10899a 87

must grade teachers on professional qualities 10939 99

not to grant complimentary grades or certificates 10948 103

oath of 10931 95

office created 10929 93

office, where kept 10931 95

powers and duties 10932 95

provide for graduation 10933 96

qualifications of 10929 93

salary of, how determined, 10719, R. S 10938 98

salary of, when paid 10938 98

shall adopt course of study 10933 96

shall approve estimates and enumerations 10932 95

shall assist district clerk 10932 95

shall compile statistics 10935 97

shall deliver books to successor 10929, 93 ; 10931 95

shall distribute blanks 10935 97

shall distribute school laws " 10935 97

shall examine records 10932 95

shall furnish blanks to school officers i . . 10936 97

shall hold examination of pupils 10933 96

shall hold meetings 10933 96

shall make report to State Superintendent 10935 97

shall require teacher to make report 10935 97

shall not teach 10937 97

shall visit and examine schools 10932 95

statement to district clerk 10932 . 95

term of office 10929 93

to attend August term county court 10933 96

to attend convention or State school 10937 97

to fill vacancy in board, when 10850 61

to forfeit salary, when 10937 97

to keep record of certificate grades 10943 101

vote upon 10845 54

134 Index.

County teachers' association Section Page

certificate fees to be used for 10944 102

county superintendent may hold 10934 96

duty of teacher to attend 10934 96

expenses, how paid 10934 96

County text-book commission (see text-book commission).

County treasurer

bond 10830 41

compensation of - 10830 41

custodian of school moneys 10830 41

duties of 10830 41

may be punished for neglect, when 10802 30

penalty for failure to make settlement 10832 43

settlement of 10831 42

shall keep funds separate 10857 67

shall not honor warrant, when 10803 30

to be responsible, when 10777 10

to collect interest 10811 33

to countersign bonds 10777 10

to give duplicate receipts 10811, 33 ; 10820 36

to pay treasurer city or town district 10875 76

to report moneys invested 10859 68

Day, week, month and year (see school day, etc.).

Deaf and dumb children

county clerk to certify list of 10790 21

Depository for district funds

board of education shall select 10886 81

Directors (see board of directors)

appointment, form of 10850 61

cannot serve as teacher 10787 18

guilty of misdemeanor, when 10805 Cl

how and by whom elected 10847 59

how elected 10845 54

may act as clerk, when 10849 60

oath of form 10848 GO

qualifications of 10847 59

Disorganization

of city, town or consolidated districts 10S70 74

organization forfeited, when 10776 8

District clerk

certificate to be filed with 10787 18

county superintendent shall assist 10932 95

director may act as 10849 60

duties of 10853 64

may be punished for neglect, when 10802 30

report to county superintendent 10853 64

removal of 10851 61

selection of 10849 60

shall keep record of bonds 10779 13

special meeting, notice of 10799 28

teacher cannot serve as 10787 18

term of . . 10849 60

Index. 135

District clerk Continued. Section Page

to certify vote on tax levy, when 10796 26

to keep records 10849, 60; 10853 64

to keep record of destroyed bonds 10781 14

to keep record special meetings 10799 28

to notify of change of boundaries 10860 68

to post notices 10777, 10; 10797, 27; 10798, 28; 10799, 28; 10855 65

to procure record books 10854 65

to record copy of reports 10860 68

to record plat 10860 68

to supply teacher with copy of rules 10785 16

to warn parents or guardians of non-attendance of children 10901 87

Districts-
aided by state, when 4 10846 58

become disorganized, when 10776 8

bodies corporate 10776 8

boundary, change of . 10837 46

cannot be formed, divided by county line 10842 52

children's right to attend in old when new is formed 10843 53

city districts 10775 7

classification of 10775 7

clerk, duties of 10853 64

clerk, penalty for neglect of duty 10802 30

clerk, removal of 10851 61

clerk, selection of, term, etc 10849 61

clerk to keep records 10849 60

clerk to notify county clerk and superintendent 10860 68

clerk to post notices 10855 65

clerk to procure record books 10854 65

clerk to record copy of reports 10860 68

clerk to record plat of 10860 67

common school 10775 7

consolidated 10775 7

consolidated, how formed, governed 10883 80

corporate powers 10834 44

division of property when in two or more counties 10842 52

division to form new 10837 46

first meeting in new 10843 53

forfeit organization of, when 10776 8

formation of, restrictions 10837 46

government and control of 10847 59

indebtedness, how paid 10856 66

in two or more counties, division of . 10842 52

location of site in new 10845 54

may be attached to town, city or consolidated 10842 52

new, building fund, on what levied 10841 51

new, division of property 10839 50

new, formation of 10837 46

payment of indebtedness, from proper fund 10856 66

property rights waived. . . : 10839 50

pupils may attend in other, when 10785 16

renumbering of, when, how 10834 44

renumbered, rights not affected 10835 45

residents of island may form 10837 46

school money, loan of surplus 10862 69

special charter, change boundary 10838 50

to hold and sell property 10834 44

town districts . . 10775 7

136 Index.

Districts Continued. Section Page

town and city, length of term in 10872 75

town, city, consolidated, how disorganized 10870 74

town or city, effects of extension of 10864 70

town or city, how organized 10865 71

town or city, organization of in two districts 10864 70

town or city, organization of 10864 70

union of, to form new 10837 46

valuation of property when divided 10840 51

Election

city, town and consolidated districts 10879 77

districts with special charter 10879 77

notice of 10798 28

of county superintendent 10929 93

to erect school house 10797 27

to increase tax levy 10796 26

Enumeration

apportionment school funds based on 10822 37

blind, certified by clerk, when 10790 21

deaf and dumb, certified to whom 10790 21

lists approved by county superintendent 10932 95

lists to be furnished teachers by district clerk : 10899 87

not taken in certain cities, when 10790 21

penalty for false information 10790 21

when and by whom taken 10790 21

who should be listed , 10790 21

Estimate \

county superintendent to approve 10932 95

to be sent to county clerk, when 10791 22

what contain 10791 22

Examination

by State Superintendent 10920 90

complimentary grades forbidden 10948 103

fees to be used for county association 10944 102

for county certificates 10939 99

grades accepted in lieu of 10947 103

in what subjects 10939 99

no fee for state 10920 90

Factory inspection law 1715 113

Funds (see, also, int. fund, sinking fund)

apportionment of, to districts to counties 10822 37

county, by whom collected 10808 32

county court to collect and distribute 10810 33

county court to have jurisdiction of 10810 33

county court to invest 10808 32

county, from what source derived 10808 32

county, how invested 10808 32

county, how loaned, Const., Art. XI, Sec. 10 125

county, how loaned, how secured 10808 32

county, income, how applied 10808 32

county officers responsible for, when 10809 33

county, provided for, Const., Art. XI, Sec. 8 125

district, loan of surplus. . 10862 69

for building additions, how secured 10777 10

for furnishing schoolhouse, how obtained 10777 10

Index. 137

Funds Continued. Section Page

for purchasing sites, how obtained 10777 10

for repairs , how secured 10777 10

interest must be provided 10778 12

not to be loaned to certain persons 10809 33

public, apportionment to counties 10822 37

public, apportionment to districts 10822 37

public, withheld, when 10794 23

school, distribution of, Const., Art. XI, Sec. 2 122

sinking, must be provided 10778 12

sinking, provided for, Const., Art. X, Sec. 12 125

State, appropriation of, for school purposes, Const., Art. XI, Sec. 6 125

State, how invested, Const., Art. XI, Sec. 9 125

State, provided for, Const., Art. XI, Sec. 6 125

township, capital of, how invested 10815 34

township, care of 10813 34

township, source of 10812 33

transfer of when county lines are changed 10814 34

transfer permissible 10857 67

Furnishing school houses

funds for - 10777 10

High schools

classification of 10923 91

establishment in city and town districts 10869 74

joint, how established 10852 62

how maintained 10852 62

length of term 10852 62

pupils entitled to attend 10852 62

inspection by State Superintendent 10023 91

list of classified to be published 10924 92

may be reclassified, when 10923 91

work accepted for entrance to State schools 10923 91

work required for first and second grade certificates 10941 100

Holidays

named 10800 29

when may be claimed 10800 29

Indebtedness

bonded, cities, counties, etc., may be funded 1249 129

must be paid out of proper fund 10856 66

not to exceed 5 per cent, valuation, Const., Art. X, Sec. 12 124

not to exceed revenue, Const., Art. X, Sec. 12 124

Indigent pupils

books may be furnished 10967 109

Inspection of schools

by State Superintendent 10922, 91 ; 10924 92

Institute (see colored teachers' institutes).

Interest

board must provide 10779 13

board to make provision for 10783 15

county treasurer to collect 10811 33

on bonds when payable 10779 13

warrants not to bear . 10803 30

138 Index.

Library Section Page

board created 8184 112

board to select, classify and recommend books 8185 112

buildings for 10777 10

gifts for 10885 81

maintenance of, in case of annexation. 10894 85

power to establish in cities 10871 75

school boards to purchase books 8186 113

Liquor

sale to students 11132 122

Loan

abstract title to be filed , . 10816 34

additional security may be required 10818 35

cost of securities, by whom paid 10817 35

duplicate receipts to be given 10820 36

for erecting house, building addition, etc 10777 10

for furnishing schoolhouse 10777 10

form of ballot 10777 10

form of mortgage to secure 10817 35

form of ballot for voting : 10777 10

for purchasing site, repairing house : 10777 10

method of voting 10777 10

notice sale mortgaged property 10817 35

of district school funds 10862 69

question of, how decided 10777 10

rate cannot exceed legal 10778 12

security for 10816 34

shall not be for longer than twenty years 10778 12

shall not exceed five per cent, etc 10778 12

sinking fund provided 1 0778 12

Meetings (see, also, annual meeting, special meeting)

annual, powers of 10845 54

annual, when and where 10844 54

calling of, to form district 10836 45

county superintendent to hold six 10933 96

of board to employ teachers 10787 18

special, of board 10787 18

special, school 10799 28

when district in two counties 10842 52

Misdemeanor

book dealer guilty of, when 10963 108

director guilty of, when 10805 31

false enumeration 10790 21

for using other than adopted books 10965 109

granting complimentary grades or certificates 10948 103

injuring school property 10802 30

officers guilty of, when 10811 33

parents guilty of, when 10786 18

prosecutions, how brought 10905 88

publisher guilty of, when 10972 110

school officers guilty of, when 10802 30

teacher guilty of, when 10805 31

text-book commission 10965 109

Night schools

boards education may establish 10889 83

buildings may be leased for 10889 83

Index. 139

Normal diplomas, certificates Section Page

list to be furnished 11073 121

may be revoked, how, by whom 11073 121

Notices

of sale of mortgaged property 19817 35

of special meeting 10799 28

posted when, by whom 10777 10

to increase tax 10796 26

to teacher against whom charges are made 10920 90

to vote tax for building purposes .' 10797 27

Oath of office

county superintendent 10931 95

directors 10848 60

State Superintendent 10919 89

Organization

forfeited, how 10776 8

of city and town districts 10864 70

of common school districts 10837 46

of consolidated districts 10883 80

of unorganized territory 10836 45

Orphans

may attend school, where 10785 16

Parent or guardian

guilty of misdemeanor, when 10786 18

penalty on, for failure to send children 10901 87

required to send children to school 10896 85

warning to 10901 87

Physiology and hygiene

instruction in 10806 32

Plat of district-
clerk required to file copy 10860 68

President board directors

must sign warrants 10857 67

shall sign treasurer's book 10856 66

to call special meetings 10787 L8

to receive traveling expenses, when 10856 66

to sign contracts 10787 18

Property

board to have care of 10784 15

county clerk to list owners of personal 10825 40

county court shall resell, when .' 10821 37

court may appoint agent to rent, etc 10821 37

court may purchase mortgaged 10821 37

division of, new district 10839 50

leased or rented under control of 10833 43

penalty for injuring 10802 30

rights waived 10839 50

sale of 10869 74

sale of directed 10845 55

sheriff to sell mortgaged 10819 36

title of, in whom vested 10833 43

trespass on 4615 118

valuation, when divided 10839 50

140 Index.

Public school fund Section Page

withheld, when 10794 23

Publisher (see text-book commission)

bond of 10956 107

guilty of misdemeanor, when 10965 109

liable upon bond 10957 107

lists of, to be sent county superintendents 10958 107

must show ownership of house 10970 110

not to control prices 10969 109

penalty for bribery by 10973 110

penalty for selling without license 10972 110

to file books with State Superintendent 10954 106

to file sworn statements 10954 106

to forfeit contract, when 10971 110

to furnish list and sample books 10959 107

to pay filing fees 10955 106

to preserve standard of quality 10954 106

to redu.ce prices, when 10954 106

Pupils

board may admit non-resident 10785 16

board may suspend or expel, when 10785 16

examination and graduation of 10933 96

entitled to free tuition, when 10785 16

enumerated 10790 21

examination of, by physician 10786 18

may attend in other districts, when 10776 8

may be excluded for contagion 10786 18

may be excused from attending, when 10897 86

non-resident, how admitted 10785 16

sale of liquor to 11132 122

subject to medical examination 10786 18

who may attend in any district 10785 16

who may enter high school 10852 62

work of, to receive credit 10923 91

Qualifications of

county superintendent 10929 93

director 10847 59

member text-book commission 10951 104

State Superintendent 10919 89

voter at school meeting 10847 59

Regents, board of

report of president 11078 121

Religious assemblies

disturbance of 4713 119-

Repairs

funds for, how secured 10777 10-

transfer of funds for 10857 67

Reports

county clerk to State Superintendent 10827 41

county treasurer to county court 10859 68

county superintendent to district clerk 10932 95

county superintendent to school board 10932 95-

county superintendent to State Superintendent 10935 97

Index. 141

Reports Continued. Section Page

district clerk to county superintendent 10853 64

secretary board to State Superintendent 10884 81

State board to Legislature 10978 112

State Superintendent to Legislature 10922 91

teacher to county superintendent 10935 97

teacher to district clerk 10861 69

Revocation of certificates

by county superintendent 10945 102

by State Superintendent 10920 90

charges for, how made 10945 102

normal diplomas 11073 121

Rules and regulations

become effective, when 10785 16

clerk to supply teacher with copy 10785 16

made by board 10785 16

part of contract, when 10788 20

School (see schools)

day, week, month, year 10800 29

delinquent taxes, how collected 10829 41

duty of board to visit 10789 21

fund, by whom apportionment is made 10822 37

holidays 10800 29

law, how distributed 10920 90

loan, how effected 10777 10

money, application of 10803 30

property, trespass on 4615 118

site cannot be abandoned , when 10833 43

site, change of 10845 54

site in new district 10845 54

term, length of 10776 8

term, length of, how determined 10845 54

term, length of town and cities 10872 75

term, length required 10846 58

term, same for white and colored 10794 23

School day, week, month, year

what constitutes 10SOO 29

Schoolhouse

additions to 10777 10

board shall not allow use of, when. 10784 15

board to keep in repair 10784 15

board to rent, when 10794 23

funds for erecting 10777 10

funds for furnishing * 10777 10

injury of 4615 118

levy for, how determined 10845 54

may be used for other purposes, when 10784 15

swept at expense of district 10784 15

tax may be voted for 10797 27

use for religious purposes, etc 10845 54

use of for other than school purposes 10784 15

Schools (see school)

classification of 10775 8

classification of high . 10923 91

142 Index.

Schools Continued. Section Page

church, to receive no state aid, Const, Art. XI, Sec. 11 125

colored children cannot attend white 10793 23

(See, also, Sec. 3, Art. XI, Const.)

control of joint, where vested 10794 23

county superintendent has supervision over 10932 95

expense of joint, how paid 10794 23

high, establishment of 10S69 74

joint high, how established, etc 10852 62

inspection of 10922 91

may be closed, when, how 1077G 9

night, boards may establish 10889 83

not to be suspended, when 107 8 S 20

public, provided for, Const., Art. XI, Sec. 1 124

separate for negro children, Const. , Art. XI, Sec. 3 124

sites, how selected 10792 23

truant, may be established 10900 87

white children cannot attend colored 10793 23

Schools in cities and towns (see city and town schools and district).

School site

additional grounds for, how obtained 10792 23

board may condemn .-* 10792 23

boards of education to purchase 10888 82

change of, how made 10845 54

funds -for, how obtained 10777 10

how selected 10792 23

location of in new district 10845 54

site cannot be abandoned, when 10833 43

title to, how obtained 10792 23

Seal-
board education to keep 10872 75

Secretary board education

compensation of 10868, 73; 108S4 80

term begins, when 1086S 73

Sinking fund

boards education to loan 10SS7

board may invest or loan, when 10782

board must provide 10778

board to make provision 10782

may be invested, when and how 10858

provided for, Const. , Art. X, Sec. 12 124

Site, schoolhouse (see school site).

Special meetings

by whom called 10798 28

called by board, when 10799

manner of holding 10799

notice to be given 10799

president to call 10787

power of limited '10799

record to be kept 10799

State aid

to weak districts 10846 58

Index. 143

State board education Section Page

duty as to State school fund 10976 111

duty in relation to swamp lands 10975 111

how composed 10974 110

powers and duties 10974 110

power to employ attorney 10977 111

provided for, Const, Art. XI, Sec. 4 124

shall establish institutes colored teachers 10946 103

shall outline institute work 10946 10

State Superintendent president 10974 110

to make report to General Assembly 10978 112

State Superintendent

annual report of 10922 91

apportionment of State funds by 10822 37

bond and qualification of 10919 89

duties and powers of . ., 10920 90

election and term of 10918 89

examination of teachers by 10920 90

inspection of high schools by 10922 91

may classify high schools 10923 91

may correct error in apportionment 10823 39

may employ chief clerk 10921 90

may require reports 10920 90

may revoke certificates 10920 90

not permitted to act as agent 10926 92

president State board of education 10974 110

school visitation by 10922 91

to advise school officers 10922 91

to call convention county superintendents 10937 97

to furnish blanks 10936 97

to .furnish list publishers, etc 10958 107

to prescribe forms for blanks 10925 92

vacancy in office, how filled 10918 89

Supervision, county (see county superintendent).

Swamp lands

duty State board education 10975 , 111 ; 10977 111

Taxes (see funds)

compensation county collector for collecting 10828 41

county clerk to assess building 10797 27

county clerk to assess, when 10796 26

delinquent, how collected 10829 41

increase, by whom voted 10796 26

levy for schoolhouse 10845 54

levy increased , how 10796 26

levy, purposes, limitations 10825 40

may be increased for school purposes 10796 26

may be voted for building purposes 10797 27

maximum rate (Const., Art. X, Sec. 11) 123

proposition to increase levy 10796 26

provision for (Const., Art. X, Sec. 11) 123

qualified voters may vote 10797 27

Teacher

board can not dismiss 10788 20

board may refuse to pay, when 10788 20

board to employ, when 10787 18

144 Index.

Teacher Continued. Section Page

can not serve as clerk 10787 18

director can not serve as 10787 18

duty to attend association 10934 96

examination of, county 10940 100

guilty of misdemeanor, when 10805, 31; 10965 109

may exclude children with contagion, when 10786 18

not to be paid, when 10804 31

not to receive salary, when 10861, 69; 10935 97

State Superintendent may examine ; 10920 90

to be furnished with enumeration lists 10899 87

to forfeit salary, when . . . 10805 31

to have legal certificate 10804 31

to keep daily register 10807 32

to make monthly and term reports 10861 69

to make term report to county superintendent 10935 97

to report non-attendants 10899 87

to sign contracts 10787 IS

warrants, how paid, to whom paid 10803 30

Term

length of 10776 , 8 ; 10863 69

length of, city and town districts -. 10872 75

length of, how determined 10845 54

length required 10846 58

of office, county superintendent 10929 93

same for white and colored children 10794 23

Text-book commission (see publisher)

adopted books to be used exclusively 10960 108

Attorney-General to enter proceedings, when 10971 110

books for indigent children 10967 109

cities and towns exempt 10953 105

dealer to sell at not more than 15 per cent, profit 10963 108

exchange price of books - 10964 108

how composed 10951 104

ineligible, who 10951 104

meetings of 10952 105

penalty for using other than adopted books 10965 109

president of . 10952 105

quorum 10951 104

remuneration 10952 105

selection of books, what considered 10962 108

supplementary books may be used '. . . . 10966 109

to advertise before making changes 10961 108

to enter into contract for five years 10960 108

to make adoptions from filed list 10953 105

traveling expenses, how paid 10952 105

vacancies, how filled 10951 104

Text-books (see text-book commission)

Town school district (see city and town districts)

Township treasurer (see treasurer and county treasurer)

penalty for failure to make settlement 10832 43

settlement of 10831 42

to be responsible, when 10777 10

to countersign bonds 10777 10

Index. 145

Transportation of pupils Section Page

may be provided 10776, 8 ; 1 9

Treasurer (see county treasurer, township treasurer)

board of education, collector pays money to 10878 7Y

board of education, compensation 10884 80

board of education, compensation 10868 73

liability of . 10874 76

money paid to 10875 76

settlement of 10876 76

county, bond 10830 41

compensation of 10830 41

duties 10830 41

give duplicate receipts 10811 33

settlement of 10831 42

statement to district clerk 10831 42

to collect interest 108*1 33

custodian district moneys 10873 75

penalty for failure to make settlement 10832 43

suit against, how brought *. 10873 75

to be responsible, when 10777 10

town or city district, to receive money 10878 77

township, settlement 10831 41

Truant schools

boards may establish 10900 87

Tuberculosis, cause and prevention

instruction in , 10806 32

Tuition

board responsible for, when 10795 25

how collected 10795 25

to be paid by non-residents, fixed by board 10785 16

to be prorated, when, how 10795 25

tuition of colored children to be paid, when 10795 25

who entitled to free 10785 16

Unorganized territory

attached to adjoining districts, how 10836 45

incorporation of, how - 10836 45

Vacancy

board, county superintendent may fill, when 10850 61

board directors, how filled 10845 54

office, county superintendent, how filled 10929 93

office State Superintendent, how filled 10918 89

text-book commission 10951 104

Voters

qualified, may vote building tax 10797 27

qualified , who are 10847 59

petition by qualified 10799 28

Warrants

form of 10857 67

must be on proper fund 10857 67

no partial payments on 10857 67

not to bear interest 10803 30

]4(> Index.

Warrants Continued. Section Page

not to be paid, when 10803 30

paid out of current funds 10803 30

teachers, how paid 10803 30

teachers, to whom paid 10803 30

Week, school (see school day, etc.)

White children

cannot attend colored school . 10793 23

separate schools for 10793 23

UNIVEKSITY OF CALIFORNIA LIBRARY
BERKELEY

THIS BOOK IS DUE ON THE LAST DATE
STAMPED BELOW

Books not returned on time are subject to a fine of
50c per volume after the third day overdue, increasing
to $1.00 per volume after the sixth day. Books not in
demand may be renewed if application is made before
expiration o'f loan period.

JUL 81 1920

50m-7.'16

4793