The school laws, annotated, of the state of Colorado, as amended to date, January 1, 1912

LIBRARY

UNIVERSITY OF CALIFORNIA.

•31 FT

Class

THE

School Laws
Annotated

OF THE

State of Colorado

As Amended to Date
January 1, 1912

The Smith-Brooks Company, State Printers
Denver, Colorado

In the preparation of this work I am justly indebted to
Miss Emily Griffith, deputy state superintendent, whose
wide experience in matters of school law, and whose
zeal and energy in all matters of this department have
made her services in this connection especially invalu»-
able, and also to Mr. I. B. Melville of the Denver Bar,
who so kindly offered to review the manuscript before
it passed into the hands of the printer

NOTE

This volume contains the complete school laws

of Colorado, all provisions of the enabling act and

•Institution of the state pertaining to public

"hools, and the general provisions of the laws

'Htablishiug the different state educational insti-

tutions, including the industrial schools for boys

<nid girls, revised to January 1, 1912.

These laws have been alphabetically arranged
under appropriate headings, with all decisions of
the appellate courts of this state and of this de-
\xirtment construing or relating to any portion of
the law placed under the section containing the
same.

Your attention is respectfully called to the
fact that while these laws are distributed free to
all school officers, it should be remembered that
(lici/ belong to the office and not to the individual,
ami so should be preserved and turned over to
your successors.

Superintendent of Public Instruction.
Denver, Colorado, January 1, 191%.

228787

EXPLANATORY NOTE

Section numbers used in this edition for the enabling act
and Colorado constitution are the corresponding numbers used
in the Revised Statutes of Colorado of 1908.

Numbers at the beginning of each section of the law proper,
commencing with "Alcoholic Drinks," are our own. The number
at the end of each such section is the corresponding number of
the section of the Revised Statutes.

This edition of the school law is to be known as the "School
Laws Annotated." In referring to a section thereof — for instance,
section 25 — the reference should be "S-. L. A. 25."

The letters "R. S." mean Revised Statutes. The figures fol-
lowing are the corresponding sections of such statutes, but are
used herein for identification only, and not for reference; for
instance, "R. S. 25" means section 25 of the Revised Statutes of
Colorado of 1908.

The letters and figures "S. L. '09" or "S. L. '11" refer to the
official Session Laws of Colorado for the year 1909 or 1911. The
numbers following are the pages of such official laws; for in-
stance, "S. L. '09, p. 26," means the corresponding portion of the
law found on page 26 of the Session Laws of Colorado of 1909.

The letters "C." and "C. A." mean Colorado Supreme Court
Reports and Colorado Court of Appeals, respectively. The num-
bers preceding are the numbers of the volumes, and the numbers
following are the pages of such volume. For instance, "4 C. 25"
refers to the decision found in the fourth volume of the Colorado
reports, beginning at page 25.

The paragraphs in the smallest type, following the word
"Note," are either references to other provisions of the law or in
explanation of general provisions, but are not to be considered in
any sense as decisions of this department.

The paragraphs in small type designated "a" and "&," etc.,
are points of law decided by our Colorado Supreme Court or
Court of Appeals, and are followed by the title of the case and
the number and page of the volume in which found. For in-
stance, "Smith v. Jones. 4 C. 25," refers to the official decision,
entitled "Smith v. Jones'," beginning at page 25 of volume 4 of the
Supreme Court Reports of Colorado.

The paragraphs in small type, numbered consecutively
under each section of the law to which they refer, are the official
decisions of the various state superintendents of public instruc-
tion rendered since the establishment of such office— excepting
that those are omitted which have been overruled or modified by
our Colorado courts — and have the effect of court decisions until
overruled or set aside by the courts of this state. The numbers,
however, do not refer to the order in which such decisions were
rendered, but are used herein for reference only. For instance,
in referring to decision 3 under section 2 of the law, one should
say, "Decision 3, section 2, School Laws Annotated." In writing
the same, the abbreviation would be, "Decision 3, § 2, S. L. A."

Provisions of the Enabling Act

AND

Constitution
of the State of Colorado

Pertaining to Public Schools

THE ENABLING ACT

7. Lands for schools. The sections numbered
sixteen and thirty-six in every township, and where
such sections have been sold or otherwise disposed
of by any act of congress, other lands equivalent
thereto in legal subdivisions of not more than one
quarter-section, and as contiguous as may be, are
hereby granted to said state for the support of com-
mon schools.

* * * * * * *

10. Seventy-two sections for university. That,
seventy- two other sections of land shall be set apart
and reserved for the use and support of a state uni-
versity, to be selected and approved in manner as

5

§§14-15 ENABLING ACT

aforesaid, and to be appropriated and applied as the
legislature of said state may prescribe for the pur-
pose named and for no other purpose.

* * * * * * • *

14. School lands — how sold — price. That the
two sections of land in each township herein granted
for the support of common schools, shall be disposed
of only at public sale, and at a price not less than
two dollars and fifty cents per acre, the proceeds
to constitute a permanent school fund, the interest
of which is to be expended in the support of com-
mon schools.

Trustee's sale void, when.

a. A trustee's sale of school lands not in accordance
with the terms of trust absolutely void. — City of Denver v.
Kent, 1 C. 336

15. Mineral lands excepted. That all mineral
lands shall be excepted from the operation and
grants of this act.

Indemnity lands.

Note. This section should be construed in connection with
section 7, supra, in that if sections 16 or 36 in any township are
mineral in character, other sections are selected by the state in
lieu thereof, and when any lands are selected in lieu of sections
16 or 36, or portions thereof, such selected land is known as
"Indemnity Land."

CONSTITUTION

ARTICLE IV

EXECUTIVE DEPARTMENT

1. Term of office — residence — duties — seat of
government. The executive department shall con-
sist of a governor, lieutenant-governor, secretary of
state, auditor of state, state treasurer, attorney-
general, and superintendent of public instruction,
each of whom shall hold his office for the term of
two years, beginning on the second Tuesday of Jan-
uary next after his election; * * * The officers
of the executive department, except the lieutenant-
governor, shall, during their term of office, reside at
the seat of government, where they shall keep the
public records, books and papers. They shall per-
form such duties as are prescribed by this constitu-
tion or by law.

*******

3. State officers — election — returns — canvass —
contests. The officers named in section one of this
article shall be chosen on the day of the general
election, by the qualified electors of the state * * *.

4. Eligibility — first election — thereafter — age —
residence. No person shall be eligible to ttie office
of governor, lieutenant-governor, or superintendent
of public instruction, unless he shall have attained
the age of thirty years. * * * and in addition
to the qualifications above prescribed therefor, he
shall be a citizen of the United States, and have re-

§S 6-8-16 CONSTITUTION Art. iv

sided within the limits of the state two years next
preceding his election.

* * * * * * #

6. Governor appoint officers — vacancy — election
— senate confirms. * * * If the office of auditor
of state, state treasurer, secretary of state, attorney-
general, or superintendent of public instruction,
shall be vacated by death, resignation or otherwise,
it shall be the duty of the governor to fill the same
by appointment, and the appointee shall hold his
office until his successor shall be elected and
qualified in such manner as may be provided by-
law. * * *

8. Governor demand information from officers.
The governor may require information in writing
from the officers of the executive department upon
any subject relating to the duties of their respective
offices, which information shall be given upon oath
whenever so required; he may also require informa-
tion in writing at any time, under oath, from all
officers and managers of state institutions, upon any
subject relating to the condition, management and
expenses of their respective offices and institu-
tions. * * *

16. Officers keep account of moneys — semi-
annual reports. An account shall be kept by the
officers of the executive department and of all pub-
lic institutions of the state, of all moneys received
by them severally from all sources, and for every
service performed, and of all moneys disbursed by

Arts, iv-v CONSTITTTIOX §§17-19-20-25

them severally, and a semi-annual report thereof
shall be made to the governor, under oath.

17. Officers executive department — biennial re-
port— governor transmit. The officers of the execu-
tive department, and of all public institutions of
tin1 state, shall, at least twenty days preceding each
regular session of the general assembly, make full
Miid complete reports of their actions to the gov-
ernor, who shall transmit the same to the general

assembly.

*******

19. Officers receive salary — fees paid into treas-
ury. The officers named in section 1 of this article
shall receive for their services a salary to be estab-
lished by law, which shall not be increased or di-
minished during their official terms. It shall be the
duty of all such officers to collect in advance all fees
prescribed by law for services rendered by them
severally, and pay the same into the state treasury.

20. Superintendent of public instruction, ex
officio librarian. The superintendent of public in-
struction shall be ex officio state librarian.

*******

ARTICLE V

SPECIAL LEGISLATION

* * * * * * *

25. Special legislation prohibited. The general

assembly shall not pass local or special laws in any

of the following enumerated cases, that is to say;

providing for the management of common

schools * * '*.

Local or special laws.

a. An act providing for the annexation and consolida-
tion of school districts organized under the general school

9

§§ 1-4 CONSTITUTION Art. vii

laws and those organized, under special charter is in contra-
vention of section 25, article 5, of the constitution, which
prohibits the general assembly from passing local or special
laws for the management of common schools. — In re School
Dist., 26 C. 136

*********

ARTICLE VII

SUFFRAGE AND ELECTIONS

1. Citizenship. Every person over the age of
twenty-one years, possessing the following qualifica-
tions, shall be entitled to vote at all elections: He
or she shall be a citizen of the United States, and
shall have resided in the state twelve months im-
mediately preceding the election at which he offers
to vote, and in the county, city, town, ward or pre-
cinct, such time as may be prescribed by law.

Residence in city, town, ward and precinct.
Note. Section 146 provides, in addition to above, that such
person shall reside in this state one year immediately preceding
the election at which he offers to vote; in the county, ninety
days; in the city or town, thirty days; and in the ward or pre-
cinct, ten days; and section 143 provides that to vote at school
election, the elector must live in the school district thirty days.

Wife of alien when naturalized.

1. The wife of an alien becomes naturalized upon the
naturalization of her husband, and is a citizen, as the term
is used in the school law.

2. A foreign woman who marries a citizen of the United
States becomes herself a citizen, and in Colorado becomes a
qualified elector.

4. Absence in civil or military service. For the

purpose of voting and eligibility to office, no person
shall be deemed to have gained a residence by rea-
son of his presence, or lost it by reason of his ab-
sence, while in the civil or military service of the
state, or of the United States, nor while a student
at any institution of learning, nor while kept at pub-

10

Art. vii CONSTITUTION §§5-6-10

lie expense in any poorhouse or other asylum, nor
while confined in public prison.

5. Privilege of voters. Voters shall in all cases,
except treason, felony or breach of the peace, be
privileged from arrest during their attendance at
elections, and in going to and returning therefrom.

6. Electors only eligible to office. No person
except a qualified elector shall be elected or ap-
pointed to any civil or military office in the state.

Qualification of elector.

1. In addition to other qualifications, a person to be
eligible to the office of county superintendent must have re-
sided in the county at least one year preceding his election.

2. The length of residence required in Colorado to con-
stitute eligibility to the office of school director is twelve
months.

3. The fact that two members of a school board are af
one family, and the further fact that another member be-
came a resident of the district for the sole purpose of
becoming an officer, so long as he is an actual resident,
would not affect the regularity of the organization of the
board.

4. There is nothing in the laws of Colorado to prevent
a person who fills the office of district judge from also filling
that of school director, the two offices belonging to an en-
tirely different class.

5. The fact that an elector is not a taxpayer does not
disqualify him from holding office, either by election or by
appointment.

*********

10. Prisoners disqualified — restoration — pardon
or full service. No person while confined in any
public prison shall be entitled to vote; but every
such person who was a qualified elector prior to
such imprisonment, and who is released therefrom
by virtue of a pardon, or by virtue of having served
out his full term of imprisonment, shall, without
further action, be invested with all the rights of

11

§§ 1-5 CONSTITUTION Art. viii

citizenship, except as otherwise provided in this con-
stitution.

ARTICLE VIII

STATE INSTITUTIONS

1. Charitable institutions established. Educa-
tional, reformatory and penal institutions, and those
for the benefit of the insane, blind, deaf and mute,
and such other institutions as the public good may
require, shall be established and supported by the

state, in such manner as may be prescribed by law.

* # * * * * #

5. State institutions — properties and moneys-
location. The following educational institutions, to-
wit: The University at Boulder, the Agricultural
College at Fort Collins, the School of Mines at Gol-
den, and the Institute for the Education of Mutes
(which shall hereafter be known as Colorado School
for Deaf and Blind), at Colorado Springs, are here-
by declared to be institutions of the state of Colo-
rado, and the management thereof subject to the
control of the state, under the provisions of the
constitution, and such laws and regulations as the
general assembly may provide, and the location of
said institutions, as well as all gifts, grants and ap-
propriations of money and property, real and per-
sonal, heretofore made to said several institutions,
are hereby confirmed to the use and benefit of the
same respectively; Provided, This section shall not
apply to any institution, the property, real or per-
sonal, of which is now vested in the trustees, there-
of, until such property be transferred by proper
conveyance, together with the control thereof, to

H 12

Art. viii CONSTITUTION §5

the officers provided for the management of said in-
stitution by this constitution or by law; and, Pro-
vided further, That the regents of the University
may, whenever in their judgment the needs of the
institution demand such action, establish, maintain
and conduct all but the first two years of the de-
partments of medicine, dentistry and pharmacy, of
the University, at Denver;, and, Provided further,
That nothing in this section shall be construed to
prevent state educational institutions from giving
temporary lecture courses, commonly called * '.Uni-
versity extension work," and "Farmers Institute
and Short Courses," in any part of the state, or
conducting class excursions for the purpose of in-
vestigation and study. — Const. Amend. 8. L. '09, p. 324
Note. See generally state educational institutions.

Locations state institutions changed when.

a. The location of the agricultural college, and certain
other institutions, having been fixed by the constitution,
such location cannot be changed except by amendment of the
constitution.— State Institutions, 9 C. 626

Classifications of appropriations.

b. In the absence of a legislative preference, appropria-
tions far the state educational, reformatory or penal institu-
tions have, in case of a deficiency of the revenue, no prece-
dence over other appropriations. — Parks v. Soldiers1 Home,
22 C. 86

Internal improvement includes what.

c. The phrase "internal improvement," as used in sec-
tion 12 of the enabling act, does not include public buildings,
such as asylums, state houses, universities, or any other
public buildings of like character, and the fund created by
the proceeds derived under such section cannot be applied
to the construction of such buildings. — In re Public Imp.
Fund, 24 C. 247

13

§§ 1-2-3 CONSTITUTION Art. ix

ARTICLE IX

EDUCATION

1. Board of education — members — president.

The general. supervision of the public schools of the
state shall be vested in a board of education, whose
powers and duties shall be prescribed by law; the
superintendent of public instruction, the secretary
of state and attorney-general shall constitute the
board, of which the superintendent of public instruc-
tion shall be president.

Note. Superintendent of public instruction an officer of
executive department. — Art. IV, § 1.

2. Qualifications of superintendent.— Art. IV, § 4.

3. Ex offlcio state librarian.— Art. IV, § 20.

2., Free schools — one in each district — three
months. The general assembly shall, as soon as
practicable, provide for the establishment and main-
tenance of a thorough and uniform system of free
public schools throughout the state, wherein all resi-
dents of the state between the ages of six and
twenty-one years may be educated gratuitously.
One or more public schools shall be maintained in
each school district within the state, at least three
months in each year; any school district failing to
have such school shall not be entitled to receive any
portion of the school fund for that year.

Establishment of schools mandatory.

a. Section 2, article 9, of the constitution, providing
for the establishment and maintenance of a system of free
public schools, is mandatory, and requires affirmative action
by the legislature, and is not a limitation of its powers to
provide free schools far children under the age of six years.
— In re Kindergarten Schools, 18 C. 234

3. School fund inviolate — state treasurer custo-
dian. The public school fund of the state shall for-

14

Art. ix CONSTITUTION §§4-5

ever remain inviolate and intact; the interest there-
on shall only be expended in the maintenance of the
schools of the state, and shall be distributed amongst
the several counties and school districts of the state,
in such manner as may be prescribed by law. No
part of this fund, principal or interest, shall ever be
transferred to any other fund, or used or appro-
priated except as herein provided. The state treas-
urer shall be the custodian of this fund, and the
same shall be securely and profitably invested as
may be by law directed. The state shall supply all
losses thereof that may in any manner occur.

4. County treasurer collect and disburse — war-
rants. Each county treasurer shall collect all school
funds belonging to his county, and the several
school districts therein, and disburse the same to the
proper districts upon warrants drawn by the county
superintendent or by the proper district authorities,
as may be provided by law.

5. School fund — of what consists. The public
school fund of the state shall consist of the pro-
ceeds of such lands as have heretofore been, or may
hereaf ter^ be, granted to the state by the general
government for educational purposes; all estates
that may escheat to the state ; also all other grants,
gifts or devises that may be made to this state for
educational purposes.

When land escheats to the state and becomes part of the

school fund.

1. If a person dies intestate and has no heirs, if he has
lands and owes no debts, or if there is sufficient other prop-
erty to pay debts so as to have the land intact, upon proper
procedure in court to determine the fact that there are no
heirs, then the land would escheat to the state and become
part of the school land or fund. In case any funds remain

15

§§6-7 CONSTITUTION

in the hands of an administrator after debts are paid, and
there are no heirs, the money goes into the co'unty treasury
subject to the call of any heirs who may appear.

6. County superintendent — commissioner of
lands. There shall be a county superintendent oi'
schools in each county, whose term of office shall be
two years, and whose duties, qualifications and com-
pensation shall be prescribed by law. He shall be
ex officio commissioner of lands within his county,
and shall discharge the duties of said office under
the direction of the state board of land commission-
ers, as directed by law.

7. Aid to sectarian schools and churches for-
bidden. Neither the general assembly, nor any
county, city, town, township, school district, or
other public corporation, shall ever make any ap-
propriation, or pay from any public fund or moneys
whatever, anything in aid of any church or sectarian
society, or for any sectarian purpose, or to help sup-
port or sustain any school, academy, seminary, col-
lege, university or other literary or scientific insti-
tution, controlled by any church or sectarian de-
nomination whatsoever; nor shall any grant or do-
nation of land, money, or other personal property,
ever be made by the state, or any such public cor-
poration, to any church, or for any sectarian pur-
pose.

School district cannot make donation.

a. No school district can make any donation or grant
to, or in aid of, or become a subscriber or shareholder in any
corporation or company. — G, C. R. R. Go. v. Lea, et al., 5 C.
192

Prohibition of the use of public school money for the

teaching of sectarian doctrines.

1. The constitution of Colorado prohibits the use of
public school money for the teaching of sectarian tenets or

16

Art. ix CONSTITUTION § 8

doctrines. It is therefore unlawful for a board af directors
to require a teacher to devote any part of any school day to
religious instruction.

8. Religious test forbidden — sectarian tenets-
race, color. No religious test or qualification shall
ever be required of any person as a condition of
ml mission into any public educational institution of
the state, either as teacher or student; and no
teacher or student of any such institution shall ever
be required to attend or participate in any religious
service whatever. No sectarian tenets or doctrines
shall ever be taught in the public schools, nor shall
any distinction or classification of pupils be made
011 account of race or color.

Note. See §355.

Directors determine use of ~Bible in schools.
1. Neither the constitution of the state nor the statutes
touch directly the reading of the Bible or prayer or any
other form of religious or devotional exercises, except to
forbid that observance or participation shall be compulsory.
The spirit of the constitution permits religious exercises in
school if nothing sectarian is introduced, and the trustees do
not object. The laws of the different states bearing on this
point differ. In Iowa "neither the electors, the board of
directors nor the sub-directors can exclude the Bible from
any school in the state." In Missouri, on the other hand,
"the directors may compel the reading of the Bible." In
Dakota "the Bible may be read in school not to exceed ten
minutes daily, without sectarian comment." In 1869 the
Cincinnati board of education forbade the reading of the
Bible in the public schools of that city. An appeal was
taken to the courts, and in 1870 the superior court of Cin-
cinnati decided against the board of education. In 1873 the
supreme court of Ohio reversed this judgment and sustained
the board of education. In delivering their opinion the
judges "held that the management of the public schools,
being under the exclusive control of directors, trustees and
boards of education," it rested with them solely to determine
"what instruction should be given and what books should be
read therein."

17

§§ 11-12-13 CONSTITUTION Art. ix

2. The law of Colorado does not specify concerning the
reading of the Bible in the public schools, the school boards
of the state having the right to specify as to what shall be
the practice in the matter.

*********

11. Compulsory education. The general assem-
bly may require, by law, that every child of suffi-
cient mental and physical ability, shall attend the
public school, during the period between the ages
of six and eighteen years, for a time equivalent to
three years, unless educated by other means.

Note. See Kindergarten Act, § 233.

12. University — regents — election. There shall
be elected by the qualified electors of the state, at
the first general election under this constitution, six
regents of the university, who shall immediately
after their election be so classified, by lot, that two,
shall hold their office for the term of two years, two
for four years, and two for six years; and every
two years after the first election there shall be
elected two regents of the university, whose term
of office shall be six years. The regents thus elected,
and their successors, shall constitute a body cor-
porate, to be known by the name and style of "The
Regents of the University of Colorado."

Note. See generally state educational institutions.

13. Regents elect president — powers. The re-
gents of the university shall, at their first meeting,
or as soon thereafter as practicable, elect a president
of the university, who shall hold his office until
removed by the board of regents for cause ; he shall
be ex officio a member of the board, with the priv-
ilege of speaking, but not of voting, except in cases
of a tie ; he shall preside at the meetings of the

18

Arts, ix-x CONSTITUTION" §§14-15-16-5

board, and be the principal executive officer of the
university, and a member of the faculty thereof.

14. Regents control university — funds. The
hoard of regents shall have the general supervision
of the university, and the exclusive control and di-
rection of all funds of, and appropriations to the
university.

15. School districts — board of education. The
general assembly shall, by law, provide for organi-
zation of school districts of convenient size, in each
of which shall be established a board of education,
to consist of three or more directors, to be elected
by the qualified electors of the district. Said di-
rectors shall have control of instruction in the pub-
lic schools of their respective districts.

16. Text books — general assembly nor board
shall prescribe. Neither the general assembly nor
the state board of education shall have power to
pivscribe text books to be used in the public schools.

ARTICLE X

REVENUE

* # # # # * *

5. Exemption — lots — buildings for worship-
schools. Lots, with the buildings thereon, if said
buildings are used solely and exclusively for re-
ligious worship, for schools, or for strictly chari-
table purposes, also cemeteries not used or held for
private or corporate profit, shall be exempt from
taxation, unless otherwise provided by general law.

School buildings and lots exempt from taxation.

a. The building and lots donated for a theological

school on condition that the bishop of the diocese should be

the chief inspector and reside in the building in which such

school is conducted, is exempt from taxes under the pro-

19

§§ 10-13 CONSTITUTION Art. x

visions of our constitution and statutes exempting lots and
buildings from taxes where the buildings are used solely and
exclusively for schools. — Bishop and Chapter v. Treasurer,
29 C. 143

Income for school purposes exempt taxation,
ft. Exemption from taxation is not limited to property
in actual and necessary use for school purposes, such as
school buildings, campus and the like, but includes all the
property and income from which and the use of which is
exclusively devoted to school purposes and which is neces-
sary in carrying out such design. — Colorado Seminary v.
County Comrs., 30 C. 507

Church property not taxable, when.

1. In case a district rents a classroom from one -of the
churches of a town for school purposes, such renting would
not make the church property taxable.

# * * # » # •

10. Corporations subject to tax. All corpora-
tions in the state,, or doing business therein, shall be
subject to taxation for state, county, school, mu-
nicipal and other purposes, on the real and personal
property owned or used by them within the terri-
torial limits of the authority levying the tax.

13. Making profits on public money felony.

The making of profit, directly or indirectly, out of
state, county, city, town or school district money,
or using the same for any purpose not authorized
by law, by any public officer, shall be deemed a
felony, and shall be punished as provided by law.

School board cannot loan district money.
1. A school board cannot legally loan the money of the
district.

20

Art. xi CONSTITUTION §§ 1-2

ARTICLE XI

PUBLIC INDEBTEDNESS

1. Lending or pledging credit forbidden.

Neither the state, nor any county, city, town, town-
ship or school district, shall lend or pledge the credit
or faith thereof, directly or indirectly, in any man-
ner to or in aid of, any person, company or corpora-
tion, public or private, for any amount or for any
purpose whatever, or become responsible for any
debt, contract or liability of any person, company
or corporation, public or private, in or out of the
state.

2. Aid to corporations — interest in — forbidden
except. Neither the state nor any county, city,
town, township or school district shall make any
donation or grant to, or in aid of, or become a sub-
scriber to, or shareholder in, any corporation or
company, or a joint owner with any person, com-
pany or corporation, public or private, in or out of
the state, except as to such ownership as may ac-
crue to the , state by escheat or by forfeiture, by
operation or provision of law ; and except as to such
ownership as may accrue to the state, or to any
county, city, town, township or school district, or
to either or any of them, jointly with any person,
company or corporation, by forfeiture or sale of real
estate for non-payment of taxes, or by donation or
devise for public use, or by purchase by or on behalf
of any or either of them, jointly with any or either
of them, under execution in cases of fines, penalties
or forfeiture of recognizance, breach of condition of
official bond, or of bond to secure public moneys, or

21

§§7-4-8 CONSTITUTION Arts, xi-xii

the performance of any contract in which they or

any of them may be jointly or severally interested.

*******

7. Loans for school buildings — vote — qualifica-
tion. No debt by loan in any form shall be con-
tracted by any school district for the purpose of
erecting and furnishing school buildings, or purchas-
ing grounds, unless the proposition to create such
debt shall first be submitted to such qualified elec-
tors of the district as shall have paid a school tax
therein, in the year next preceding such election,
and a majority of those voting thereon shall vote
in favor of incurring such debt.

Debt incurred must be by a vote of electors.
1. The constitution of Colorado prohibits the creation
of a debt by loan for building purposes in any other way
than by a vote of the electors. While a certificate of indebt-
edness cannot be considered a loan, strictly speaking, the
courts would probably construe it to be prohibited by the
same constitutional provision when issued to cover a debt
incurred by building.

ARTICLE XII

OFFICERS

*******

4. Embezzlement disqualifies from office. No
person hereafter convicted of embezzlement of pub-
lic moneys, bribery, perjury, solicitation of bribery,
or subornation of perjury, shall be eligible to the
general assembly, or capable of holding any office

of trust or profit in this state.

*******

8. Civil officers — oath. Every civil officer, ex-
cept members of the general assembly and such in-

22

Arts, xii-xiv CONSTITUTION §§9-10-11-12-8

ferior officers as may be by law exempted, shall, be-
fore he enters upon the duties of his office, take and
subscribe an oath or affirmation to support the con-
stitution of the United States and of the state of
Colorado, and to faithfully perform the duties of
the office upon which he is about to enter.

9. Oaths, where filed — with whom. Officers of
the executive department and judges of the supreme
and district courts, and district attorneys, shall file
their oaths of office with the secretary of state;
every other officer shall file his oath of office with
the county clerk of the county wherein he shall have
been elected.

10. Refusal to qualify — vacancy. If any per-
son elected or appointed to any office shall refuse
or neglect to qualify therein within the time pre-
scribed by law, such office shall be deemed vacant.

11. Vacancy— term of officer elected to fill. The
term of office of any officer elected to fill a vacancy
shall terminate at the expiration of the term during
which the vacancy occurred.

12. Duel — challenge — disqualifies for office. No
person who shall hereafter fight a duel, or assist in
the same as a second, or send, accept or knowingly
carry a challenge therefor, or agree- to go out of the
state to fight a duel, shall hold any office in the
state.

ARTICLE XIV

COUNTIES

##**#*#

8. County superintendent, etc. — election. There
shall be elected in each county at the same time at
which members of the general assembly are elected,

§§9-10 CONSTITUTION Art. xiv

commencing in the year nineteen hundred and four,
one county clerk, who shall be ex officio recorder of
deeds and clerk of the board of county commission-
ers ; one sheriff ; one coroner ; one treasurer, who
shall be collector of taxes ; one county superintend-
ent of schools ; one county surveyor ; one county as-
sessor; and one county attorney, who may be
elected, or appointed, as shall be provided by law;
and such officers shall be paid such salary or com-
pensation, either from the fees, perquisites and
emoluments of their respective offices, or from the
general county fund, as may be provided by law.
The term of office of all such officials that expire in
January, 1904, is hereby extended to the second
Tuesday in January, A. D. 1905.

9. Vacancies — how filled. In case of a vacancy
occurring in the office of county commissioner, the
governor shall fill the same by appointment ; and in
the case of a vacancy in any other county office, or
in any precinct office, the board of county commis-
sioners shall fill the same by appointment; and the
person appointed shall hold the office until the next
general election, or until the vacancy be filled by
election according to law.

10. Elector only eligible. No person shall be
^eligible to any county office unless he be a qualified
elector; nor unless he shall have resided in the
county one year preceding his election.

Not a taxpayer does not disqualify.

1. The fact that an elector is not a taxpayer does not
disqualify him from holding office, either by election or by

appointment.

*********

24

Art. xiv CONSTITUTION §15

Qualification — ceases to be 'director, when.
2. The law requires that a person who desires to be a
candidate for a school director must reside in the district,
and it necessarily follows that, in order to remain such
director after election, he must continue to reside therein,
and when he permanently removes from the district, he
ceases at that instant to be a director.

15. Classifying1 counties as to fees. For the pur-
pose of providing for and regulating the compen-
sation of county and precinct officers the general
assembly shall by law classify the several counties
of the state according to population, and shall grade
and fix the compensation of the officers within the
respective classes according to the population there-
of. Such law shall establish scales of fees to be
charged and collected by such of the county and
precinct officers as may be designated therein for
services to be performed by them respectively; and
where salaries are provided, the same shall be pay-
able only out of the fees actually collected in all
cases where fees are prescribed. All fees, per-
quisites and emoluments above the amount of such
salaries shall be paid into the county treasury.

25

School Law's Annotated

ALCOHOLIC DRINKS AND NARCOTICS

1. Nature and effect of alcoholic drinks and
narcotics be taught. That the nature of alcoholic
drinks and narcotics, and special instructions as to
their effects upon the human system, in connection
with the several divisions of the subject of physi-
ology and hygiene, shall be included in the branches
of study taught in the public schools of the state,
and shall be studied and taught as thoroughly, and
in the same manner as other like required branches
are in said schools, by the use of text books, desig-
nated by the board of directors of the respective
school districts, in the hands of pupils where other
branches are thus studied, in said schools, and by
all pupils in all said schools throughout the state.
— R. 8. 6011

Note. The state board of health shall, from time to time,
recommend standard works on the subject of hygiene for the use
of the schools of the state. — R. S. 5010.

Saloon certain distance from school.

a. The state legislature has authority to regulate the
traffic of intoxicating liquors, and such authority under con-
stitutional restrictions can be delegated to cities and towns;
and an ordinance prescribing the distance a saloon may be
maintained from the school building is valid. — Keil Kopf v.
Denver, 19 C. 325

Requires study of hygiene and physiology in schools.
1. The act providing for the study of the nature of
alcoholic drinks and narcotics, and their effect upon the

27

^23-4 ALCOHOLIC DRINKS AND NARCOTICS

human system, requires the study of physiology and hygiene
in all the public schools throughout the state.

Prohibiting sale intoxicating liquors to minors.

2. Sections 1811 to 1815, Revised Statutes, prohibits the
sale of intoxicating liquors to minors, and prohibits any
keeper of a saloon, gambling house, billiard hall, house of ill-
fame, or obscene plays from allowing any minor therein,
except when accompanied by his parent or guardian.

Distance saloon from school building.

3. The laws of Colorado make no provision concerning
the distance a saloon may be maintained from a schoal build-
ing.

2. Officers enforce provisions of act — penalty
for failure. That it shall be the duty of the proper
officers in control of any school, described in the
foregoing section to enforce the provisions of this
act ; and any such officer, school director, committee,
superintendent or teacher, who shall refuse, fail or
neglect to comply with the requirements of this
act, or shall neglect, refuse or fail to make proper
provisions for the instruction required, and in the
manner specified by the first section of this act, for
all pupils in each and every school under his or her
jurisdiction shall be removed from office, and the
vacancy filled as in other cases. —R. 8. 6012

Note. Vacancies, §111.

CIGARETTES

3. Unlawful to give or sell cigarettes to persons
under sixteen. It shall be unlawful for any person
or persons to give or sell cigarettes to any person
or persons under the age of sixteen years.— R. s. 600

TOBACCO

4. Penalty for giving or selling tobacco to per-
sons under sixteen without written order. Any per-
son who shall sell, give or furnish any tobacco, or

28

ALCOHOLIC DRINKS AND NARCOTICS §4

articles made in whole or in part of tobacco to any
child under 16 years of age without the written
order of the father or guardian of such child, shall
be fined not less than five dollars, nor more than
one hundred, dollars, or imprisonment in the county
jail not more than three months.— R. 8. 601

APPEALS

5. From district board to county superintend-
ent. Any person aggrieved by any decision or order
of the district board of directors, in matter of law
or fact, may, within thirty days after the rendition
of such decision, or making of such order, appeal
therefrom to the county superintendent of the
proper county. — R. 8. 6000.

Courts no right to interfere in decisions of state board.

a. Section 5 of the School Laws Annotated au-
thorizes the county superintendents to entertain an appeal
from the action of the school board in closing school, and
clothes such officer with jurisdiction to hear and determine
the matter, subject to appeal, as provided for by section 11,
to the state board of education, the latter decision being
final; and such proceeding being provided by statute, the
courts have no right to interfere. — School District v. County
Superintendent, 36 C. 393

Courts can inquire into final decision.

b. The statutory provisions conferring power upon dis-
trict school boards, county superintendents and the state
board of education to decide questions of law and fact, and
making the decision of the county superintendent final un-
less appealed from, and if appeal to the state board making
its action final, does not make such decision final in the
sense that the courts cannot inquire into their correctness. —
People v. VanHorn, 20 C. A. 215

6. Affidavit. The basis of the proceeding shall
be an affidavit filed by the party aggrieved, with
the county superintendent, within the time for tak-
ing the appeal.—^. 8. 6001

7. Contents of affidavit. The affidavit shall set
forth the errors complained of in a plain and con-
cise manner. —R. s. 6002

8. Superintendent notify secretary— transcript.
The county superintendent shall, within five days

30"

APPEALS §§9-10-11

after the filing of such affidavit in his office, notify
• the secretary of the proper district, in writing, of
the taking of such appeal, and the latter shall, with-
in ten days after being thus notified, file in the office
of the county superintendent a complete transcript
of the record and proceedings relating to the de-
cision complained of, which shall be certified to be
correct by the secretary.— R. s. 6003

9. Notice to parties. After the filing of the
transcript, aforesaid, in his office, he shall notify, in
writing, all persons adversely interested, of the time
and place where the matter of the appeal will be
heard by him. — R. 8. 6004

10. Hearing appeal — oaths. At the time thus
fixed for hearing, he shall hear testimony for either
party, and for that purpose may administer oaths,
if necessary, and he shall make such decision as
may be just and equitable, which shall be final, un-
less appealed from, as hereinafter provided. — R. S. 6005

11. Appeal from county superintendent to state
board of education. Any person or district board
aggrieved by any decision or order of the county
superintendent in a matter of law or fact, may,
within thirty days after the rendition of such de-
cision or making of such order, appeal therefrom to
the state board of education, in the same manner
as provided in this act for taking appeal from the
district board to the county superintendent as
nearly as applicable. In case of an appeal, where
a trial has been had before the county superintend-
ent and a decision rendered, the state board of edu-
cation shall examine a transcript of such proceed-
ing and render a decision therefrom, but no new

3L

§ 11 APPEALS

testimony shall be admitted. In other cases of ap-
peal the said board may require of the parties such
papers and documents as may be thought necessary,
they may issue subpoenas and compel witnesses to
attend and testify, and the said board shall have
the power to administer oaths through its president.
The decision of said board, or a majority of said
board, shall be rendered by the president, and such
decision, when made, shall be final. When an ap-
plicant for a certificate at a regular examination
shall feel aggrieved at the decision of the county
superintendent, and shall appeal to the state board
of education the questions used and answers given
shall be examined by the said board, and if the de-
cision of the county superintendent be reversed, the
state board of education shall issue to the appellant
a certificate of such grade as the answers shall war-
rant; Provided, That a good moral character and
success as a teacher be shown. — R. 8. 6006

Teacher discharged need not appeal.

a. A public school teacher engaged for a specific term,
who is discharged without cause, need not rely upon the
statutory right of appeal from the decision of the board, but
may bring action to recover in the courts; and the rule in
the teacher's hand-book that the tenure of office of all teach-
ers, regardless of contract, shall be at the pleasure of the
board, is no defense to such action. — School District v. Hale,
15 C. 367

Mandamus not control discretion.

6. Mandamus will not lie to control the discretion of a
public school official. — Keefe M. & I. Go. v. School District,
33 C. 513

Courts can inquire into final decisions.

c. The statutory provisions conferring power upon dis-
trict school boards, county superintendents and the state
board of education to decide questions of law and fact, and
making the decision of the county superintendent final un-
less appealed from, and if appealed to the state board mak-

32

APPEALS § 11

ing its action final, does not make such decision final in the
sense that the courts cannot inquire into their correctness.
—People v. VanHorn, 20 C. A. 215

State board cannot change boundaries.

d. The state board of education has no power, upon
appeal from the county superintendent, to change the bound-
aries of a school district as established by the electors. —
People v. VanHorn, 20 C. A. 215

Electors fix boundaries new distrjct.

e. After a petition to organize a new school district out
of a portion of one or more old districts has been presented
to the county superintendent, and he is determined that the
school interests will be best promoted by such organization,
the sole power to determine the organization of such district
and the boundaries thereof is vested in the electors; and
such a district cannot be organized or its proposed or estab-
lished boundaries changed by the board of directors, the
county superintendent, or the state board of education. —
People v. VanHorn, 20 C. A. 215

Court can review validity of decision of state board.

f. In a mandamus proceeding to compel a county super-
intendent to perform a ministerial duty, a decision of the
state board of education being pleaded in defense, and the
jurisdiction of the state .board to render the decision and the
correctness thereof are raised by the reply, the court has
jurisdiction to determine the validity of such decision. —
People v. Van Horn, 20 C. A. 215

Appeal — when, how and ly whom taken.

1. An appeal to the state board of education cannot be
taken except by a person or board of directors aggrieved by
an order or decision of the county superintendent.

2. It is not good practice for one county superintendent
to overrule the decision of a former county superintendent
upon the same point, but the person feeling aggrieved should
file a protest in writing with the present county superin-
tendent, who should confirm the former ruling, and the
aggrieved person can then appeal to the state board of
education, in accordance with section 11, School Laws
Annotated.

Appeal from grading examination papers.

3. Neither the state superintendent of public instruc-
tion nor the state board of education have the power to
compel a county superintendent to recognize examination
papers prepared under the supervision of the county super-

§ 12 APPEALS

intendent of another county, as this is mere matter af
comity between county superintendents, and therefore, when-
ever a teacher appeals from the refusal of a county superin-
tendent to accept such papers and mark them and issue a
certificate thereon, the board of education has no other
course than ta dismiss the appeal.

4. In case of appeal from the decision of county super-
intendent to the state board of education by an applicant for
certificate at a regular examination, the certificate, if any,
issued to said applicant upon such examination, should
accompany the papers sent ta the state board.

5. The state board of education has no authority to
pass upon a teacher's examination papers except on formal
appeal.

May continue school during pendency of appeal.

6. A person holds a certificate that expires September 8.
He begins school under contract on September 1. He fails
to obtain a certificate in the examination held on August
29-30, and appeals to the state board of education. Held,
that he may continue his school during the pendency of an
appeal.

State board may order certificate issued.

7. The state superintendent has no authority to grant
a certificate to teach except when directed to do so by a vote
of the state board of education in cases of appeal or upon a
state examination.

Appeal from change of boundary.

8. In the absence of a showing to the contrary, it will
be presumed that the county superintendent complied with
the law in hearing and determining the appeal, and there-
fore that the change of boundary was properly made; but
even in the absence of such showing, as these two districts
have continued to exercise undisputed the prerogatives and
enjoy the privileges of legally formed districts for a period
of nearly twelve years, they will now be considered legally
formed districts.

9. The action of the county superintendent in dividing
a district or forming a new district can be reviewed only on
the ground of his abuse of discretion.

12. No judgment for money. Nothing in this
act shall be so construed as to authorize either the
county superintendent or the state board to render

34

APPEALS § 12

a judgment for money; neither shall they be al-
lowed any other compensation than is allowed by
law. All necessary postage must first be paid by
the party aggrieved. — R. 8. 6007

BONDS

SCHOOL DISTRICT BONDS

13. Submitting question of contracting bonded
indebtedness. The board of directors of any school
district may submit at any regular or special elec-
tion called for the purpose, to such qualified electors
of the district as shall have paid a school tax there-
in in the year next preceding such election the
question of contracting a bonded indebtedness for
the purpose of erecting and furnishing school build-
ings or purchasing ground, or for funding floating
debts.— s. L. '05, p. 494

Lien law not applicable to school buildings.
a. The provisions of the mechanics' lien law cannot be
applied to public school buildings. — Florman v. School Dist.,
6 C. A. 319

No provision for petition.

1. No provision is made by law for petitioning the
school board to call an election for voting bonds.

Qualifications for voting on bonds.

2. If a person has paid any one year's school tax during
the year immediately preceding the election regarding the
question of refunding bonds, and is otherwise qualified, he is
entitled to vote at such election.

3. If real estate is in the names of both man and wife,
even though the tax receipt shows but one name, both are
legal voters.

4. If a man has given his wife part of his real estate,
but no deed has yet been given to the wife, even though she
has paid taxes upon the same, she has not the right to vote.

5. A person who has been assessed for taxes, but has as
yet paid no taxes in the district, would not be entitled to
vote.

6. If property is in the wife's name, but the tax receipt
is in the husband's name, the wife would have the right to
vote, and not the husband.

36

BONDS § 13

7. On the question of bonding a district, those electors
have the right to vote "who have paid a school tax therein
in the year next preceding the said meeting." The word
"year" is construed to mean the twelve months immediately
preceding the meeting or election.

. 8. In the case of a woman and her husband, each own-
ing property, the woman's property being real estate, and
the county records showing that she is the bona fide owner
of the property and pays the taxes, the fact that in listing
the property of the husband and wife the assessor made only
one list, and that in the husband's name, would not take
away the right of the woman to vote at a school meeting
called to vote upon bonded indebtedness; but the woman
should be provided with a tax receipt or a certified statement
from the county treasurer, showing that she has paid a tax
for the year preceding the date upon which the question af
the bonded indebtedness was decided.

9. Voters who have paid a school tax within the year
upon property which at the time of the tax was paid in
another school district, but at the time they offered to vote
on the question of issuing bonds was by annexation in the
district where they offered to vote, are legally qualified to so
vote.

Certificate of indebtedness.

10. The constitution of Colorado prohibits the creation
of a debt by loan for building purposes in any other way
than by a vote of the electors. While a certificate of indebt-
edness cannot be considered a loan, strictly speaking, the
courts would probably construe it to be prohibited by the-
same constitutional provision when issued to cover a debt
incurred by building.

11. There is no authority in law for issuing certificates
of indebtedness by school districts. However, it is fre-
quently done to tide over a difficult year.

Funding floating debts.

12. A special election may be held for the purpose of
submitting the question of bonding the district for funding
floating debts within the limit specified in section 13.

In consolidated districts.

13. There is no statute which makes several districts,
consolidated under the act of 1909, liable for the bonded
indebtedness of one of the districts. It seems that the prop-
erty originally bonded will have to pay the indebtedness due.

37

§ 14 BONDS

In joint districts.

14. Bonded indebtedness may be contracted by a joint
district in just the same manner as by a single district; pro-
vided that the law is complied with in each county so as to
have the taxes assessed upon all property in the district.

14. Amount of bonded indebtedness first deter-
mined by board. The amount of the bonded indebt-
edness proposed to be contracted shall, prior to such
submission to said electors, be determined by said
board of directors but in no event shall the aggre-
gate amount of bonded indebtedness of any school
district of the first or second class exceed five per
centum or of any school district of the third class
three and one-half per centum of the assessed value
of the property in such district for the year next
preceding the date of said bonds. — 8. L. '09, p. 494

Maximum amount issued.

1. In estimating a maximum amount of bonds that can
be issued by a school district, the estimate must be based
upon the last complete assessed valuation.

Cannot create debt, except.

2. A school district has no right to create a debt, except
through bonding in accordance with the provisions of section
13, provided that warrants may be issued after the annual
levy has been made and the funds to pay them are actually
in the treasury; but the total sum of such warrants must not
exceed the revenue of the district for the year in which they
are issued.

3. In regard to the method of raising money to build a
school building, the law prohibits the issuing of warrants in
excess of the revenues of the district for the current year;
therefore an arrangement for issuing warrants payable in
one, two and three years, the qualified voters to vote a levy
to be collected in one, two and three years to pay the war-
rants, would not be legal. The voters have no authority to
vote a levy except far the current year. It would, therefore,
only be possible to raise the money by voting bonds for the
amount if the electors do not wish to levy the whole tax in
one year.

BONDS §§15-16-17

Certificates of indebtedness.

4. No warrants can be issued in excess of the revenue,
but a certificate of indebtedness should be issued, payable
out of the revenues of the succeeding year; and it would be
the duty of the board during the succeeding year to draw a
warrant for its payment.

15. Notices of election posted. Notices of said
election shall be posted in at least three public
places in the district, and at each polling place at
least twenty days before said election, and, if a
newspaper is published in said district, said notice
shall also be published therein once a week for four
consecutive weeks next preceding such election.
Snid notice shall specify the purpose of said elec-
tion, the date and the voting place or places, and
the time during which the ballot box or boxes shall
be kept open, not less however than three hours.

—X. L. '(/!), p. 494

Ballot box, when open.

1. It is lawful for the ballot box, for voting on the ques-
tion of bonding the district, to be open at the same time as
the one for the election of school officers.

16. Number of voting places. In districts of
the first class the school board may order more than
one voting place in the district, fix the voting places
and the limits of the voting precincts.

The president, secretary and treasurer of the dis-
trict school board may act as judges of the election
or said board may appoint three judges and the
necessary clerks for each election precinct in said
district and should any of the judges be absent at
tin1 opening of the polls, the electors present shall
appoint a legal voter to fill the vacancy.— s. L. '09, p. 495

17. Form of ballot. Each elector voting at said
election shall deposit in the ballot box a ballot

39

§§18-19 BONDS

whereon shall be printed or written the words:
"For the bonds" and the words "Against the
bonds," and shall indicate his approval or disap-
proval of the proposition submitted by placing a
cross (X) opposite the group of words on his ballot
which expresses his choice— #. L. '09, p. 495

18., Any person may be challenged by qualified
elector. Any person offering to^vote at said election
may be challenged by any legally qualified elector
of the district and any one of the judges of elec-
tion shall thereupon administer to the person chal-
lenged an oath as follows:

"You do swear (or affirm) that you are a citi-
zen of the United States ; that you have resided in
the state of Colorado twelve months immediately
preceding this election; that you are twenty-one
years of age; that you have resided in this district
thirty days next preceding this election and that
you have paid a school tax within this school dis-
trict in the year next preceding this election; and
that you have not voted at this election, so help you
God (or under the pains and penalties of perjury)."

If he shall refuse to take such oath or affirma-
tion his vote shall be rejected. The judges may,
however, reject the vote of any person offering to
vote if in their judgment said voter is not qualified
according to law, whether said voter takes said
oath or not. — & L. '09, p. 495

19. Returns certified immediately after polls
close. Immediately after the close of the polls the
judges in each voting precinct shall open the ballot
box and count the ballots and promptly thereafter
certify the result to the board of directors of the

40

BONDS §§20-21

district. Said board shall, promptly after receiving
said returns, open them, canvass the vote, and de-
termine the result of the election, and said determi-
nation shall be entered in the minutes of the meet-
ing of said board. — 8. L. '09, p. 496

20. Coupon bonds issued — when payable. If it
shall appear that a. majority of all the votes cast
are "For the bonds" the board of directors, as soon
as practicable, shall issue coupon bonds of the dis-
trict in denominations of $100, $500 or $1,000, or all
or either of such denominations or any combination
of said denominations as" circumstances may re-
.quire, bearing interest at not exceeding eight per
cent, per annum in districts of the third class and
not exceeding six per cent, per annum in districts
of the first and second classes, payable semi-an-
•nually, and redeemable at the pleasure of the dis-
trict at any time after a date to be fixed by said
board not less than ten or more than twenty years
after date, and payable at a date to be fixed by said
board not less than twenty nor more than fortv
years from date, the principal and interest payable
at the office of the treasurer of the county in which
said district or the greater part thereof may be
situated, and said board also may make either the
principal or interest or both payable at some bank-
ing house in either the cities of New York or Boston
or Chicago, at the option of the holder.— 8. L. '09, p. 496

21, Bonds payable to bearer — how signed. The
bonds issued under the provisions of this act shall
be payable to bearer. The board of directors of the
district is authorized to prescribe the form of such
bonds and the coupons thereto. Said bonds shall

41

§ 22 BONDS

recite the title of the act under which they are is-
sued, shall be signed by the president of the board
of directors, countersigned by the county treasurer
and bear the seal of the district and the coupons
thereto annexed shall be signed by the president of
the school board, by original or engraved signature.
—8. L. '09, p. 496

22. County commissioners assess tax for pay-
ment— how paid. "Whenever any school district
shall issue bonds under the provisions of this act,
it shall be the duty of the board of county commis-
sioners of the county in which said district may be
situated to levy and assess a tax on the taxable
property of said district in amount sufficient to pay •
the interest coupons, when the same shall become
due, according to their tenor and effect, and the
county treasurer shall collect the same as other
taxes are collected, in cash only, keeping the same'
separate from other funds received by him; and if
there shall be any surplus after paying the coupons
and the expense of collecting such tax, the treasurer
shall, without delay, pass the same to the credit of
such school district, and such fund so passed to the
credit of the district shall be subject to the disposal
of the board of directors. In the calendar year next
preceding the date fixed by said board after which
said bonds are redeemable and annually thereafter,
until the full payment of said bonds, the said board
of county commissioners shall provide by taxation
and shall collect such a per centum of the principal
of said bonds as will, in equal annual installments,
be sufficient to redeem all of said bonds by the time
they mature; which amount shall be assessed and
collected the same as the tax for the payment of

42

BONDS §22

the interest coupons, and when collected shall be
turned over to the treasurer of such school district,
such money to be used only in the payment of such
bonds in their numerical order beginning with bond
number one, in the manner as follows: The treas-
urer of such school district, immediately after re-
ceiving the money as aforesaid, shall advertise in
some newspaper published in his county, if there
be any, and if not, in the newspaper published near-
est the county seat of said county, once a week for
four consecutive weeks, that, on a certain day
named in the advertisement, he will pay certain of
the district bonds, said bonds to be described in the
advertisement by number and amount and date of
issue and the advertisement shall further state that
after the day so fixed for payment the interest on
the bonds described as aforesaid shall cease and de-
termine. And after the day of payment fixed in
said published notice the bonds so called shall cease
to draw interest. The said payment shall be made at
the office and in the presence of the treasurer of the
county, who shall cancel the bonds redeemed, and a
minute of such cancellation shall be made on the
books of the county treasurer, after which they shall
be at the disposal of the district board.— 8. L. '09, p. 496

Government land not taxable.

a. A tax levy for the bonded indebtedness of a school
district must be limited to the real estate taxable at the time
the bonds were voted, and, since government land Is not
taxable, parties acquiring title thereto subsequent to the
voting of the bonds take it free from taxation for such pur-
pose.— Callaway v. D. & R. G. R. R. Co., 6 C. A. 284

Surplus special fund pay past indebtedness.

1. If any surplus funds remain in the special fund over
what is necessary to meet the regular current expenses of

43

§§23-24-25 BONDS

the district, such surplus may be used to pay past indebted-
ness.

23. Board keep record — auditor register bonds.
Whenever the board of directors of any school dis-
trict shall issue bonds under the provisions of this
act, they shall enter in and upon the records of
such board an order requesting the state auditor to
register the bonds in a book to be kept by him for
that purpose, and when so registered, the legality
thereof shall not be open to contest by such district
or any person or corporation on behalf of such dis-
trict for any reason whatever ; and a certified copy
of the order of the board so made and entered of
record shall be furnished the state auditor by said
board of directors and thereupon it shall be his duty
to register said bonds, noting the name of the dis-
trict and the amount, date of issuance and maturity
and rate of interest of said bonds, and he shall re-
ceive a fee of ten cents for registering each bond.
—8. L, '09, p. 497

24. Districts in city under special charter. In

all school districts which lie entirely within the
exterior boundaries of any city operating under a
special charter adopted under the provisions of ar-
ticle XX, of the constitution, no person shall be per-
mitted to vote at any election called under the pro-
visions of this act unless such person shall first have
been registered as hereinafter provided. — s. L. '09, p. 498

25. No new registration required. For all such
elections in the districts mentioned in section 13 no
new registration shall be required, except as here-
inafter provided, but any qualified elector of any
such district whose name is on the registration books
used at the then last preceding general election,

44

BONDS §§26-27

whether county or municipal, and who resides with-
in the district and still resides at the place desig-
nated in his said registration, shall be deemed prop-
erly registered for any such election; and addi-
tional registration and changes in registration may
be made as hereinafter provided. — 8. L. '09, p. 498

Note. Section 13 referred to is section 24 herein.

26. Registration books furnished by county
clerk. On the fourteenth day preceding any such
election to be held, the county clerk of the proper
county shall deliver to the registration committee
of each election precinct the original book of regis-
tration for that precinct as prepared and completed
for the then next preceding general election,
whether county or municipal, and on the tenth day
preceding the election thus to be held, or if that day
be a legal holiday or a Sunday, then on the suc-
ceeding day, the registration committee for each
precinct shall sit from nine o'clock a. m. until nine
o'clock p. m., at some suitable place to be provided
by the county commissioners and centrally located
within the precinct as far as practicable, and shall
place on the said book of registration, next after
the names already thereon, the names of all qual-
ified electors of the district residing in that precinct
who are not registered and who shall present-them-
selves for registration and comply with the require-
ments prescribed by the general registration laws
of this state.— s. L. '09, p. 498

27. Elector removing from precinct — how reg-
ister. Any qualified elector whose name appears
upon any. such book of registration, but who has re-
moved from the precinct in which he is registered
to some other precinct within such district, may ap-

45

§ 28 BONDS

pjear before the county clerk at any time within
five days prior to any such election, and upon
making oath in writing as to his then present resi-
dence, said county clerk shall draw a red line
through the registration of such person, making a
note as follows:

"Changed 19 ,

to precinct , ward ,"

inserting the date and number of the precinct and
ward therein, and shall register in red ink such per-
son in the book of registration for the precinct in
which such person then resides; and a change of
residence within the same precinct may be made in
like manner. The county clerk or deputy making
such a change shall sign his name in the column
provided for the signatures of the registration com-
mittee, and the person so registered shall also sign
his name as in the case of an original registration.
—8. L. '09, p. 499

28. Registration books kept where. Imme-
diately after completing such registration said reg-
istration committee shall deliver the original book
of registration to the county clerk, who shall retain
the same until the day prior to the election, when he
shall deliver the same to the judges of election se-
lected by said board of directors for their use at
such election, properly certified, but the county clerk
shall not, for any such election, make and furnish
any copy of such registration list at public expense,
nor shall he make any charge for delivering said
original books of registration as required herein ;
but his compensation for all other matters hereby
required shall be as fixed by the registration laws
of this state.— 8. L. '09, p. 499

46

BONDS §§29-30

29. Petition for purging lists. At any time prior
to the delivery of the original book of registration
to the registration committee of the precinct, as
herein provided, a petition for purging the list may
be filed as to the registration list appearing therein,
and at any time prior to the seventh day before
election a petition may be filed for purging the list
of additional registrations made as herein provided,
which petition and the procedure and relief there-
under shall be the same, as near as may be, as pro-
vided in the registration laws of this state. And
the registration and election laws of this state shall
govern in all matters connected with the -making
of said registration except as herein otherwise pro-
vided.— 8. L. '09, p. 500

30. Repealing clause — proceedings under re-
pealed acts. Sections 5942, 5943, 5944 and 5945 of
the Revised Statutes of Colorado, 1908, and all other
acts and parts of acts inconsistent herewith are
hereby repealed; Provided, That the repeal of said
acts and parts of acts shall in no wise affect any
bonds issued thereunder.

Any and all proceedings heretofore had or which
are now being had or carried forward, under the acts
hereby repealed or any, all or either of them, may
be carried forward, completed or consummated un-
der this act and bonds contemplated by such pro-
cedure may be issued in the form and with the
terms and according to the provisions of this act.
—8. L. '11, p. 582

Surplus fund may be applied on bonded indebtedness.

1. The extra money in the special fund may be used to
apply on bonded indebtedness. Provided, That the other
necessary expenses of the school have been met, or Provided,

47

§§31-32 BONDS

That there is sufficient money in the general fund to meet
the necessary expenses of the school.

31. Redemption of bonds — premium. In all dis-
tricts that have issued bonds under the provisions
of the laws of the territory of Colorado, the treas-
urer of the district, immediately after receiving the
annual installment of the funds for the redemption
of said bonds, as provided in section 91, shall go
into the market and, at the lowest price for which
he can obtain such bonds, shall use such funds in
the retiring of such bonds to the extent of such
fund; Provided, That the said treasurer shall not
pay more than five per cent, premium on any bonds
of his district, and any balance of said funds re-
maining in the hands of said treasurer shall be in-
vested, as nearly as possible, in United States bonds
or state bonds of Colorado. — R. s. 5946

Note. Section 91 above referred to is section 22 herein.

32. U. S. and state bonds purchased by district
treasurer — how kept — proceeds — sale. All United
States or state bonds which may come into the
hands of any district treasurer, under the provisions
of this act, shall be duly recorded in the books of
the district, and deposited in the safety vault of
some bank within the state, selected by the district
board. The interest coupons of said bonds shall be
duly collected by the district treasurer, and the pro-
ceeds turned over to the county treasurer, to be
used in the payment of the interest coupons of the
bonds of such district, and the annual tax for the
payment of the interest on said district bonds shall
be proportionately lessened. Said United States or
state bonds' shall be sold by the district board at the
best market rates, and the proceeds thereof used to

48

BONDS § 33

redeem the bonds of the district when the same be-
come due or when they can be bought at not to ex-
ceed five per cent, premium.-- R. 8. 5947

33. Change of boundaries not release property
—annexed property. No change in the boundary
lines of such school district shall release the taxable
real estate of the district from assessment and levy
of taxes to pay the interest and principal of such
bonds, and if there shall be any change of the lines
of such school district, so as to leave any portion
of the taxable real estate of the district out of the
district, which was subject to taxation in the dis-
trict at the time of the issue of such bonds, the as-
sessment and levy for principal and interest of such
bonds shall be made on such property as if it were
still within the district, and if there shall be any
change of the lines of such school district, so as to
annex any taxable real estate, after the issue of
such bonds, the real estate so annexed shall there-
after be subject to the assessment and levy for prin-
cipal and interest of such bonds. — R. s. 5948

Government land not taxable.

a. A tax levy for the bonded indebtedness of a school
district must be limited to the real estate taxable at the
time the bonds were voted, and, since government land is
not taxable, parties acquiring title thereto subsequent to
the voting of the bonds take it free from taxation for such
purpose. — Callaivay v. D. & R. G. R. R. Co., 6 C. A. 284

Lands not subject to tax.

1. Lands to which title has not ^een obtained from the
government at the time school bonds are issued by a district
of which such lands form a part are not subject to tax for
the payment of such bonds. Hence, if said lands are set off
or detached from the district before title is perfected, they
are not subject to a bond tax in the original district when
title is complete.

49

§§34-35 BONDS

Lands subject to tax.

2. State or government lands occupied under contract
of purchase, title having already been acquired and land
deeded, are subject to assessment the same as other lands
for the payment of bonds issued by the school district of
which they form a part, or such portion of said bonds, if any,
that remain unpaid; Provided, "That said lands were deeded
before said bonds had matured."

3. Territory detached from a district which has been
bonded is not released from taxation to pay both principal
and interest of such bonds. Such detached territory is liable
for such taxation until the bonds have been fully discharged,
the same as if it had remained a part of the original district.

34. County treasurer's fees. The treasurer of
the county shall receive the same compensation for
the collection of such special taxes as he does for
other school taxes. — R. 8. 5949

Note. See Revised Statutes for per cent, of compensation.

35. Refunding1 bonds — when issued — interest —
redemption. That when the bonded indebtedness of
any school district in this state has matured, or may
hereafter mature, or has or may hereafter become
redeemable at the pleasure of the district, and there
shall not be funds in the treasury of such school
district available for that purpose with which to re-
deem or pay such bonds, it shall be lawful for the
board of directors of such school district to issue
and sell new bonds, equal to the sum necessary and
not otherwise provided for the payment of the bonds
then matured or those then redeemable at the pleas-
ure of such school district, and such bonds thus is-
sued shall not be sold at a less price than their par
value ; Provided, It shall be lawful for the board of
directors of any school district having a bonded in-
debtedness, to refund the same, at any time, with
the consent of the bond owners, in bonds bearing
a less rate of interest than the bonds so refunded

50

BONDS §§36-37

and running for a longer time, which said bonds
thus issued shall be exchanged at not less than par
for the bonds outstanding.

Provided, further, That all bonds issued under
this section shall bear interest at such rate as said
school board may determine, not to exceed 8 per
cent, per annum, and shall be redeemable at the
pleasure of the district board, in not to exceed ten
years and payable in not to exceed twenty years
from the date thereof, and the date after which
said bonds are redeemable shall be plainly written
or printed on the face thereof. — R. 8. 5950

36. What laws apply to issue and payment — ex-
cept. All the provisions of the laws of the state of
Colorado, now existing, relating to the duties of dis-
trict and county officers in the issue and payment
of district bonds, and relating to the assessment and
collection of taxes for the payment of the interest
and principal of school district bonds, shall be held
to apply equally and in like manner to all matters
pertaining to the issue and payment of bonds issued
under the provisions of this act, except that the time
when taxes shall be levied and collected for the pay-
ment of the principal of said bonds shall be as here-
inafter provided. — R. 8. 5951

37, County commissioners levy tax — treasurer
collect. At the time provided by law for the levy-
ing of county taxes in the year next preceding the
date at which the first installment of said bonds
shall mature, and every year thereafter until the
whole amount of -said bonds shall be redeemed, the
board of county commissioners of any county in
which bonds shall have been issued under the pro-

51

§§ 38-39 BONDS

visions of this act, shall levy a tax sufficient to pay
not less than ten per centum nor more than twenty
per centum of the principal of said bonds, and the
county treasurer shall collect the same as other
taxes are collected, and shall pay the amount so
collected to the district treasurer as is now pro-
vided by law.— R. 8. 5952

38. Proviso — submission for refunding — against
refunding. Provided, however, That no bonds shall
be issued under the provisions of this act until the
question of refunding shall first have been submit-
ted to, and approved by, the qualified voters of the
district as is now or may be provided by law, ex-
cept that the electors shall vote "for refunding,"
or "against refunding," instead of "for the bonds,"
or "against the bonds."— R. 8. 5953

COUNTY HIGH SCHOOL BONDS

39. Notice of bond election given upon petition.

On the petition of fifty voters having the qualifica-
tions hereinafter prescribed, of any high school dis-
trict, the county superintendent of public schools
and ex officio secretary of said district shall give
notice, not less than twenty days before any regular
meeting now or which may hereafter be provided by
law, for electing members of school boards in the re-
spective districts of the state, or special meeting
held under the provisions of this act, that the ques-
tion of contracting a bonded debt for the purpose
of erecting and furnishing high school buildings,
or purchasing ground, or for funding floating debts,
will be submitted to such qualified voters of the
high school district as have paid a school tax therein
in the year next preceding said meeting. Notice of

52

BONDS §39

such meeting shall be given and such meeting shall
be held and conducted and the returns thereof made
and the result declared in the manner as nearly as
may be as is by this act provided for the organiza-
tion of high school districts. Any person offering
to vote at such meeting in the respective public
school districts of the high school district, may be
challenged by any legally qualified elector of the
district and any one of the judges of election shall
thereupon administer to the person challenged, an
oath as follows:

''You do swear (or affirm) that you are a citizen
of the United States; that you have resided in the
state of Colorado one year immediately preceding
this election ; that you are twenty-one years of age ;
that you have resided in this district thirty days
next preceding this election, and that you have paid
a school tax within this school district in the year
next preceding this election, and that you have not
voted at this election, so help you God (or under
the pains and penalties of perjury)."

If he shall refuse to take such oath or affirma-
tion, his vote shall be rejected. The high school
committee of any such high school district shall first
agree, and certify the amount of indebtedness to be
created, if any. In no case shall the aggregate
amount of bonded indebtedness of any high school
district for high school purposes, exceed two per
cent, of the assessed value of the property of such
high school district. At such election a separate
ballot box for this purpose shall be provided and
the qualified electors shall vote by ballot "For high
school bonds" or "Against high school bonds." If

63

§ 39 BONDS

it shall appear from the final record of the county-
superintendent that a majority of all the votes cast
are for the high school bonds, the high school com-
mittee, as soon as practicable thereafter, shall issue
coupon bonds of the high school district, bearing
interest not exceeding six per cent, per annum, pay-
able semi-annually and redeemable at the pleasure
of the high school district at any time after a date-
to be fixed by said high school committee not less
than ten years after date, and to be absolutely due
and payable at a date to be fixed by said high school
committee not less than twenty nor more than forty
years from date, the principal and interest payable
at the office of the treasurer of the county in which
said high school district may be situate, or the in-
terest may be payable in the city of New York, at
the option of the holders thereof, and the canceled
coupons shall be at the disposal of the high school
committee. All such bonds so issued shall be signed
by the president of the high school committee, and
shall have the seal of the high school district at-
tached, attested by the secretary and shall be
countersigned by the county treasurer, and the
coupons thereto annexe4 shall be signed by the
president of the high school committee by original
or engraved signature. — 8. L. '09, p. 404

County high school right to issue "bonds.

1. Having considered the relation in which the above law
stands to the school act, it appears evident that the general
assembly intended to create a new and distinct school dis-
trict, which should exercise all the powers of "school dis-
tricts" and be classed as a school district, and in the exercise
of those powers given to school districts in the state. It is,
therefore, concluded that it has the right to issue bonds in
accordance with the provisions of section 39 of School Laws
Annotated.

54

BONDS §§40-41

40. Bonds to be registered by county clerk.
"Whenever any high school district shall issue bonds
under the provisions of this act, all such bonds
shall, previous to being negotiable, be presented to
the recorder of the county, to be duly registered by
him in a book kept for that purpose in his office,
noting the amount, time of payment and rate of in-
terest, and all such bonds shall state on their face
that they are issued under the provisions of this act.
—S. L. '09, p. 405

41, Commissioners levy tax for principal and
interest — how paid — surplus. Whenever any high
school district shall issue bonds under the provisions
of this act, it shall be the duty of the board of com-
missioners of the county in which said district may
be situated, to levy and assess a special tax on all
the taxable property of such high school district,
in amounts sufficient to pay the interest coupons
Ilicreon, when the same shall become due, according
to their tenor and effect, and the county treasurer
shall collect the same as other taxes are collected,
in cash only, keeping the same separate from other
funds received by him; and if there shall be any
surplus after paying the coupons and the expenses
of collecting such special tax, the treasurer shall
without -delay pass the same to the credit of such
high school district, and such fund so passed to the
credit of such district shall be subject to the dis-
posal of the high school committee. And in the cal-
endar year next preceding the date fixed by said
high school committee after which said bonds are
redeemable and annually thereafter, until the full
payment of said bonds, the said county commis-
sioners shall provide by taxation and shall collect

65

§ 42 BONDS

such a per centum of the principal of said bonds as
will, in equal annual installments, be sufficient to
redeem all of said bonds by the time they mature,
which amount shall be assessed and collected the
same as the tax for the payment of the interest
coupons, and when collected shall be turned over to
the treasurer of such high school district, such
money to be used only in the payment of such bonds,
in the manner as follows:

The treasurer of such high school district, im-
mediately after receiving the money as aforesaid,
shall advertise in some newspaper published in his
county, if there be any, for four successive weeks,
that on a certain day named in the advertisement,
he will pay certain of the high school district bonds,
said bonds to be described in the advertisement by
number and amount, and the advertisement shall
further state that after the day so fixed for pay-
ment, the interest on the bonds described as afore-
said, shall cease and determine. The said payment
shall be made at the office and in the presence of
the treasurer of the county, who shall cancel the
bonds redeemed, and a minute of such cancellation
shall be made on the books of the county recorder,
after which they shall be at the disposal of the high
school committee. — 8. L. '09, p. 405

42. Bonds redeemed — go in open market.' In
all high school districts that may issue bonds under
the provisions hereof, the treasurer of such district,
immediately after receiving the annual installment
of the fund for the redemption of said bonds, as
provided in the foregoing section hereof, shall go
into the market and at the lowest possible price for

BONDS §§43-44-45

which he can obtain such bonds, shall use such
fund in the retiring of such bonds to the extent
of such fund.— 8. L. f09, p. 406

43. Change in boundary not release taxable
property. No change in the boundary lines of such
high school district shall release the taxable real
estate of the district from assessment and levy of
taxes to pay the interest and principal of such
bonds, and if there shall be any change of the lines
of such high school district, so as to leave any por-
tion of the taxable real estate of the district out of
such district, which was subject to taxation in the
district at the time of the issue of such bonds, the
assessment and levy for principal and interest of
such bonds shall be made on such property as if it
were still within the district, and if there shall be
any change of the lines of such high school district,
so as to annex any taxable real estate after the is-
sue of such bonds, the real estate so annexed shall
thereafter be subject to the assessment and levy
for principal and interest of such bonds — 8. L.'OO, p. 407

44. Compensation of county treasurer. The
treasurer of the county shall receive the same com-
pensation for the collection of such special taxes as
he does for other school taxes. — 8. L. '09, p. 407

45. Special meetings — purpose — notice. In any
high school district the high school committee may
at any time call a special meeting of the electors
of such district for any of the purposes specified in
this act, and the notice of such special meetings
shall be given and such special meeting shall be held
and the result thereof declared, in the same man-
ner as nearly as may be as is provided by this act

57

§ 46 BONDS

in the case of meetings for the organization of high
school districts.— S. L. '09, p. 407

46. What high school districts subject to this
act — no district obliged to maintain two high
schools. All high school districts organized and
now existing under the provisions of chapter 100
of the Session Laws of Colorado, 1899, being "An
act to provide for the establishment and support of
high schools in counties of the fourth and fifth
classes, ' ' appro\ ed April 8th, 1899, or under chapter
219 of the Session Laws of Colorado, 1907, being
"An act to amend an act entitled an act to provide
for the establishment and support of high schools
in counties of the fourth and fifth classes," ap-
proved^ April 9th, 1907, are hereby declared to be
duly organized high school districts under the pro-
visions of this act, and entitled to enjoy all the priv-
ileges and exercise all of the powers conferred by
this act, and shall hereafter be subject to the pro-
visions of this act ; Provided, That no school district
in any county shall be taxed without its consent for
the support of more than one class or kind of high
school, the establishment of which is authorized by
law; and in voting on the organization of a county
high school district under the provisions of this
act, any school district then maintaining a high
school or any school districts then organized into
a union high school district and maintaining therein
a union high school may by voting against the or-
ganization of a county high school district be ex-
cluded from such county high school district; but
if any school district maintaining a high school or
districts maintaining a union high school shall, un-

58

BONDS §46

der the provisions of this section vote against the
organization of a county high school district, the
ballots cast in such district or districts shall be con-
sidered only upon the question of exclusion and
shall not be considered in determining the final re-
sult upon the question of organizing a county high
school district. And providing further that any
school district maintaining a high school, or any
districts organized in+o a union high school district
and maintaining therein a union high school, may
abandon such high school organization and organize
under the provisions of this act. — 8. L. '09* p. 407

69

CERTIFICATES

Note. For state, college and other diplomas, see general
heading "Diplomas."

47. Grades of certificates — renewals — record.

The certificates issued by the county superintendent
shall be of three grades, distinguished as first, second
and third. The first grade certificate shall be valid
for three years and may be renewed by the county
superintendent of the county in which it was issued ;
the second grade certificate shall be valid for eight-
een months ; the third grade certificate shall be valid
for nine months; Provided, however, That not more
than two certificates of the same grade (third grade)
shall be issued to the same person. A county super-
intendent may, upon the application of a teacher
holding a first grade certificate, received at a regular
examination in another county in the state, and in
full force at the time, issue to said teacher a certifi-
cate of like grade; Provided, That such certificate
shall not show the standing in each branch, nor be
subject to renewal, but shall show the conditions
upon which it is issued. And he may revoke certifi-
cates of any grade at any time, for immorality, in-
competency or other just cause. It shall be deemed
a violation of law to grant certificates of any of the
above grades, except one of like grade, without re-
quiring the applicant to pass a thorough and satis-
factory examination in such branches and at such
times as are specified in section 15 of this act; and
in all such examinations the questions prepared by
the superintendent of public instruction shall be
used. In case a certificate is revoked or refused by

60

CERTIFICATES § 47

the county superintendent, the right of appeal to
the state board of education shall not be denied the
'teacher or applicant, if said appeal be taken within
thirty days from date of notice of such revocation or
refusal. The county superintendent shall keep an
official record in a suitable book of the persons so
examined, containing the names, age, nativity, date
of examination and grade of certificate issued; he
shall also retain for three months the written an-
swers of all applicants at the regular examinations
and hold the same subject to the order of the state
board of education; Provided, further, That in a
school district of the first class the examination may
be conducted by the school board of such district in
such manner and at such times as the board may
determine, who shall have power to issue district
certificates of the same grades and under the same
conditions as are specified in sections 15 and 16 of
this chapter, said certificates, however, shall be re-
ported to the county superintendent, who shall keep
a record of the same, and shall be valid only in the
district where issued, such boards may, however, if
they see fit, issue certificates without examina-
tions to high school teachers who hold satisfac-
tory evidence of adequate training for the work
they* are to do.— R. 8. 5994

Note. Section 15 above referred to is section 149, and section
16 is section 47 herein.

Note. Questions prepared by superintendent of public in-
struction, see section 374.

Note. For teaching languages other than English and music
and drawing, see section 383, decision one.

Note. This section sought to be repealed by section 47a here-
in, which was referred by petition, and will be voted upon at the
general election in November, 1912.

61

§ 47 CERTIFICATES

Revoking certificate after discharging.
a. A school board of a first class district, after discharg-
ing a teacher, has no authority to revoke a certificate there-
tofore issued to him so as to prevent his recovery for the
unexpired term. — School District v. Shuck, 49 C. 526

Teacher discharged only upon hearing.
&. Under the law providing that a teacher can be dis-
charged only on good cause shown, there must be a specific
accusation, notice and evidence placed before the board in
its official capacity, and a hearing given the teacher to refute
the charge; and where some of the members of the board,
in an unofficial capacity only, inquired around and found
some basis for neighborhood rumors of immorality, and upon
such evidence the board gave the teacher leave of absence,
with instructions to clear up the matter and discharged him
upon failure so to do, is not a compliance with the statute,
and such discharge is illegal. — School v. Shuck, 49 C. 526

Teacher employed without license, how.

c. Although the law prohibits a school board from em-
ploying a teacher having no license to teach at the date of
such employment, and further provides that a teacher who
shall commence teaching without such license shall forfeit
all claim to compensation, yet a school board may engage a
teacher to begin teaching at a future date, conditioned upon
her obtaining such license prior to the beginning of the
school; and when such license is obtained and the school
commenced, the engagement ripens into a valid contract. —
Hotz v. School Dist., 1 C. A. 40

Certificate not collaterally attacked except.

d. In an action by a teacher for wages under a contract,
his certificate from a county superintendent cannot be col-
laterally attacked except for fraud. — School Dist. v. Stone,
14 C. A. 211

Life of first grade certificate — renewal.

1. The life of a first grade certificate is three years.
Such certificate may be renewed for a like term by the
county superintendent in the county in which it was origi-
nally issued at any time before its expiration.

2. A first grade certificate cannot be renewed if pre-
sented for renewal after the expiration of the time for which
it was issued.

3. A first grade certificate may be renewed any number
of times, without examination, in a county in which it was
originally issued.

62

CERTIFICATES § 47

4. A first grade certificate issued in one county cannot
be renewed by a county superintendent of another county,
but he can issue one of like grade, which shall not show the
standing in different branches nor be subject to renewal.

5. The fact that a teacher failed to pass th'e examina-
tion in another county would not affect the standing of the
first grade already obtained by her. It is entirely optional
with the county superintendent as to whether a first grade
certificate shall be renewed or not.

6. The law provides that a first grade certificate may
be renewed by the county superintendent of the county in
which it was issued. Since Adams county is a portion of
that territory in which the certificate was issued, .it may be
renewed at the discretion of the county superintendent.

Experience necessary for first grade certificate.

7. There is no law concerning the practical experience
in teaching to be considered in issuing a certificate of any
grade except in the prescribed rules and regulations govern-
ing county examinations of teachers, which rules are sent
from this office. Rule 14 definitely states applicants for
certificates of the first grade shall have taught successfully
for at least one year.

8. The one year's successful teaching required for
eligibility to a first grade certificate is not restricted to
teaching in Colorado.

9. The year's experience required for a first grade cer-
tificate is construed to mean twelve months.

10. There is na provision in the Colorado school law
crediting teachers with a year's experience who have taught
the blind, deaf, or mentally deficient, for one year.

Duplicates.

11. A duplicate first grade certificate, while in force,
can be renewed just as if it were the original.

12. The law makes no provision for the writing of a
duplicate certificate for the convenience of the person hold-
ing a first grade certificate. Special permission may be
obtained by a county superintendent to write a duplicate
certificate in case the holder of the original gives proof of
its being lost or destroyed.

13. In case of loss of original certificate, upon written
statement thereof, a duplicate may be issued by the county
superintendent of the county in which original was issued.

63

§ 47 CERTIFICATES

Like grade certificates.

14. The endorsement or renewal of^ certificates and the
issuing of like grade certificates are in all cases optional
with the county superintendent.

15. The county superintendent has the power to issue
a like grade certificate upon a renewal of a first grade certifi-
cate issued in another county; that is, a renewal made by
the superintendent in the county in which the certificate was
originally issued. There is nothing compulsory in regard to
the issuing of a like grade certificate. If, in the judgment
of the county superintendent to whom the certificate issued
in another county is presented, it seems best that the appli-
cant should take the examination rather than that the
renewed certificate shall be recognized by a like grade, he
has absolute authority to do so.

16. A like grade certificate cannot be issued on a second
grade certificate, though such second grade certificate has a
first grade average.

17. A like grade certificate is not renewable, and ex-
pires at the time the original certificate expires.

18. A certificate of like grade from one county cannot
be endorsed by a county superintendent of another county;
but if the first certificate upon which the like grade was
issued is still in force, another like grade certificate upon it
can be issued in another county.

19. The life of a like grade certificate is concurrent
with that of the original in lieu of which it was issued.

20. A like grade certificate may be issued in lieu of a
first .grade certificate which has been renewed in the county
where issued.

21. A like grade certificate may be issued in lieu of a
first grade, even though the first grade show previous en-
dorsement.

22. A like grade certificate may be issued, only to a
person who is ta teach in the county where such certificate is
issued.

Renewal optional with county superintendent.

23. As it is entirely discretionary with the county
superintendent whether or not a 'first grade certificate shall'
be renewed or recognized by a "like grade," a first grade
cannot in any case be considered equivalent to a state certifi-
cate, which must be recognized in every part of the state
during the life of the holder.

24. A county superintendent may renew her own certifi-
cate under the same conditions as other renewals are made.

64

CERTIFICATES §4?

Second grade certificate.

25. A second grade certificate is not good for eighteen
months' teaching; it is simply in force for eighteen months
from the date upon which it was issued.

26. There is no law authorizing a county superintendent
to refuse granting a second grade certificate to an applicant
meriting the same because of lack of experience in teaching.

27. A second grade certificate cannot be legacy re-
newed; neither does the law make provision for the issuing
of a certificate o-f like grade.

Third grade certificate.

28. The nine months specified in issuing a third grade
certificate means that the certificate is valid nine, months
from the date of the examination upon which it was issued.
It does not mean that it is good for nine months' teaching,
no matter when the teaching may be done. The same rule
holds good for the time specified upon a first or second grade
certificate.

29. The clause "Provided, however, That no more than
two certificates of the same grade shall be issued to the
same person," is interpreted as referring to third grade
certificate.

30. A third grade certificate isssued to one who has
previously held two third grades is invalid.

First class districts — examinations.

31. According to this section the school board of a first
class district has the right to conduct an examination in
such manner and at such time as the board may determine;
therefore it may decide to hold the examination on consecu-
tive days, or on irregular days, as desired. The school board
has the right to prepare its own questions used in this ex-
amination, or to authorize some person to prepare them, and
the right to make rules and regulations governing examina-
tions for certificates and for any special line of work, and
have a legal right to renew certificates without examination.

32. Since the law provides that the certificates issued
by the boards of districts of the first class must be of the
same grades and under the same conditions as those specified
in sections 47 and 149 of the school law, it follows that equal
requirements must be made in districts of the first class as
in other districts, and the board would not have the right to
exempt the candidates from examination in one or more of
the subjects specified in section 149 of the school law.

33. Teachers' certificates issued by the board of direct-
ors of first class districts are reported to the county super-

65

§ 47 CERTIFICATES

intendent and a record kept of the same, but they are not
renewed or endorsed; therefore, no fee would be charged
for the registration of said certificates.

34. There is no law authorizing second and third class
districts to hold examinations for teachers to be employed
by such districts.

35. The laws of Colorado do not give county superin-
tendents the slightest authority to recognize district certifi-
cates in any way, and such certificates are valueless so far
as entitling their holders to a right to teach in other schools
of the county.

36. Until a first class district is fully organized, so
far as its board, etc., is concerned, in conformity with the
provisions of the law relating to first class districts, the
board of the district would have no right to grant certifi-
cates to the teachers employed. Until the board was fully
organized as a first class board the teachers employed in the
district should be required to take the regular county
examination.

37. When a district of the first class has issued a
district certificate in recognition of a first grade county
certificate and such certificate is revoked by the county
superintendent, such revocation would not revoke the dis-
trict board's certificate any more than it would if the
board's certificate had been granted on some other evidence.

38. In districts of the first class, the board may issue
certificates without examinations to high school teachers
who hold satisfactory evidence of adequate training for the
work they are to do; but in districts of the second and third
class such teacher must pass the regular county examina-
tion, and the examination shall extend to such additional
branches of study as are to be pursued in the high school in
which they are to teach.

Endorsement of certificates.

39. The endorsement of a first grade certificate until
the next examination will not invalidate it in the county
where issued.

40. A second grade certificate endorsed "good until the
next examination" is good in any district of the county for
such period of time.

41. It is a violation of the law to endorse county teach-
ers' certificates issued in this, or any other state, if the
certificate be not in full force at the date of such endorse-
ment. Should the board employ a teacher without a license
to teach, all claim to compensation on the school fund for
the term will be forfeited.

66

CERTIFICATES §47

Revocation of certificates,

42. A certificate to teach can not be revoked by a
county superintendent without having good and sufficient
reasons for so doing. Alleged exorbitant wages named in
a contract between him and the directors of a district would
not be lawful reason for revoking a certificate unless fraud
of some kind could be shown.

43. A teacher's certificate may be revoked for im-
morality, incompetency, drunkenness or like cause; and if a
person of bad habits who becomes intoxicated, or is a
gambler, applies for a certificate such grounds would be
sufficient reason for refusing it; but positive proof should
be in the possession of the county superintendent before
taking such action.

44. If a" certificate was obtained illegally, and the
county superintendent has positive proof of the same, it
would be sufficient reason for revoking it.

Expired certificates.

45. There is nothing that can be done in the case of
an expired certificate of any grade. A second or third
grade certificate cannot be renewed under any circumstances.
The laws of .Colorado do not permit the endorsement of
expired certificates, neither do they permit the holding of
special examinations.

College diploma not license to teach.

46. A college graduate from another state is not ex-
empt from the regular county examination.

47. A college diploma is not a license to teach in any
public school in the state.

48. Any private school of Colorado may lawfully grant
certificates or diplomas indicating the work done by its
students, but such certificates or diplomas cannot be recog-
nized by county superintendents in issuing county certifi-
cates.

Permits not granted.

49. There is absolutely no authority in law for a
temporary permit or certificate of any nature to teach in
the public schools of this state.

Appeals from county superintendent.

50. Except in the case of a formally taken appeal
from the action of a county superintendent in refusing to
grant a certificate, the state board of education has no
authority to pass upon the papers presented by an applicant
at ,a teacher's examination.

6?

§ 47a CERTIFICATES

51. In case of appeal from the decision of county super-
intendent to the state board of education by an applicant
for certificate at a regular examination, the certificate, if
any, issued to said applicant upon such examination, should
accompany the papers sent to the state board.

52. A person holds a certificate that expires September
8. He begins school under contract on September 1. He
fails to obtain a certificate in the examination held in
August and appeals to the state board of education. Held,
that he may continue his school during the pendency of an
appeal.

53. When a certificate is revoked by a county super-
intendent such revocation takes effect on the day named by
him, and the holder thereof can not lawfully teach during
the pendency of an appeal to the state board of education.

Authority of state superintendent.

54. The laws of Colorado do not give the state super-
intendent the right to endorse certificates of any kind from
other states.

55. The state superintendent has no authority to grant
a certificate to teach except when directed to do so by a
vote of the state board of education in cases of appeal or
upon a state examination.

56. The state superintendent has no authority to issue
a temporary certificate or a certificate of any nature what-
ever.

57. The state superintendent has no authority what-
ever to waive in any manner the requirements of law for a
license to teach, nor to grant a temporary certificate or
permit, nor to authorize a county superintendent to grant
such certificate or permit.

[Note. The following section is a portion of the law passed
by the eighteenth general assembly and referred by petition, and
will be voted upon by the people at the general election of 1912.
and, if approved, will supersede section 47 herein.]

" 47a. The certificates issued by the county super-
intendent shall be of three grades, distinguished as
first, second, and third. The first grade certificates
shall be valid for three years and may be renewed
by the county superintendent of the county in which
it was issued ; provided, that no first grade certificate
shall be issued to any person who has not had at

68

CERTIFICATES § 47a

least eighteen weeks of professional training in a rec-
ognized teachers' training school and three terms of
not less than six months each of successful teaching
experience; the second grade certificate shall be valid
for eighteen months; provided, that no second grade
shall be issued to any person who has not had at least
twelve weeks of professional training in a recognized
teachers' training school and two terms of not less
than six months each of successful teaching experi-
ence; the third grade certificate shall be valid for
twelve months ; provided, that no third grade certifi-
cate shall be issued to any person who has not had
at least six weeks of professional training in some
recognized teachers' training school or one year of
successful teaching experience; provided, further,
that not more than two third grade certificates shall
be issued to the same person. A county superin-
tendent may upon application of a teacher holding
a first grade certificate receive at a regular examina-
tion in another county in the state and in full force,
at the time, issued to said teacher a certificate of like
grade ; provided, that such certificate shall not show
the standing in each branch or be subject to renewal,
but shall show the conditions upon which it is issued.
And he may revoke certificates of any grade at any
time, for immorality, incompetency, or other just
cause. It shall be deemed a violation- of law to grant
certificates of any of the above grades except one of
like grade, without requiring the applicant to pass
a thorough and satisfactory examination in such
branches and at such times as are specified in section
15 (5991) of this act, and in all such examinations
the questions prepared by the superintendent of pub-
lic instruction shall be used. In case a certificate is

69

§ 47a CERTIFICATES

revoked or refused by the county superintendent,
the right of appeal to the state board of education
shall not be denied the teacher or applicant, if said
appeal be taken within thirty days from date of
notice of such revocation or refusal. The county
superintendent shall keep an official record in a suit-
able book of the person so examined, containing the
names, age, nativity, date of examination, and the
grade of certificate issued; he shall also retain for
three months the written answers of all applicants
at the regular examinations and hold the same sub-
ject to the order of the state board of education;
provided, further, that in the school districts of the
first class the examination may be conducted by the
school board of such district in such manner and at
such times as the board may determine, who shall
have power to issue district certificates of the same
grades and under the same conditions as are specified
in sections 15 (5991) and 16 (5994) of this chapter.
Said certificates, however, shall be reported to the
county superintendent, who shall keep a record of
the same and shall be valid only in the district where
issued ; such boards may, however, if they see fit,
issue certificates without examination to high school
teachers who hold satisfactory evidence of adequate
training for the work they are to do.— 8. L. '11, p. 629

Note. Sections 15 (5991) and 16 (5994) are sections 149 and 47.

70

CHILDREN

CHILD LABOR LAW

48. Employment of child under fourteen — excep-
tion. That no child under the age of fourteen years
shall be employed, permitted or suffered to work at
any gainable occupation in any theatre, concert hall
or place of amusement where intoxicating liquors are
sold, or in any mercantile institution, store, office,
hotel, laundry, manufacturing establishment, bowl-
ing alley, passenger or freight elevator, factory or
workshop, or as a messenger or driver therefor, with-
in this state. That no child under the age of four-
teen years shall be employed at any work performed
for wages or other compensation, to whomsoever pay-
able, during any portion of any month when the pub-
lic schools of the town, township, village or city
in which he or she resides, are in session, nor be
employed in any work before the hour of seven
o'clock in the morning, or after the hour of eight
o'clock in the evening; provided, that no child shall
be allowed to work more than eight hours in any one
day.

The general assembly of the state of Colorado
does hereby declare that all occupations or employ-
ments in which children are forbidden to engage by
the provisions of this act shall be and hereby de-
clared to be injurious or dangerous to health, life or
limb. The employments or occupations permitted
under this act, under the sections hereof providing
for exemptions shall be considered injurious or dan-
gerous to health, life or limb, unless it shall appear
from the evidence produced before the authorities

71

§ 49 , CHILDREN

permitted to grant such exemptions that, in their
opinion, the injury or danger to health, life or limb
has been removed; provided, also that where condi-
tions are such as to justify granting a permit exempt-
ing children from the provisions of this act to take
part in concerts and theatrical performances and
where such permits have been granted the perform-
ances of such children shall be construed to be a
part of their training and education.

Nothing in this act shall be construed to prevent
the employment of children in any fruit orchard,
garden, field or farm, provided that any child under
fourteen years of age engaging in such employment
for persons other than their own parents must first
secure a permit from the superintendent of schools
in accordance with the provisions of section fifteen
of this act. The hours of work during each day, or
in any week shall be in compliance with the pro-
visions of this act as to the hours during any day
or week when children may be employed. — 8. L. '11,
p. 232

Note. Section 15 above referred to is section 62 herein.

49. Exhibit of child under sixteen — exception.

It shall be unlawful for any person having the care,
custody or control of any child under the age of six-
teen years, or apparently under the age of sixteen
years, to exhibit, use or employ such child as an actor
or performer in any concert hall or room where in-
toxicating liquors are sold or given away, or in any
variety theatre, or for any illegal, obscene, indecent
or immoral purpose, exhibition or practice whatso-
ever, or for any business, or in any place, situation
or exhibition or vocation injurious to the morals or
health, or dangerous to the life or limb of such child,

72

CHILDREN §50

or cause, procure or encourage such child to engage
therein. Nothing in this section contained shall
apply to or effect the employment or use of any such
child as a singer or musician in any church, school
or academy, or the teaching or learning the science
or practice of music, or in the physical development
of its body in any respectable gymnasium or nata-
torium; Provided, that any child may be permitted
to take part in any concert or any theatrical exhibi-
tion that is being given for profit with the written
consent of the authority provided by this act for the
granting of permits to children for exemptions from
the provisions of this act.

Nothing in this act shall be construed to prevent
children taking part in what are known as amateur
entertainments or theatricals for charity or not for
profit in schools, churches, settlement houses or boys'
or girls' clubs. — 8. L. '11, p. 233

50. Employment underground works under six-
teen. It shall be unlawful for any person, firm or
corporation to take, receive, hire or employ any child
or children under sixteen years of age in any under-
ground works or mine, in or about the surface work-
ings thereof, or in any smelter, coke oven or to adjust
any belt to any machinery, or to operate or assist in
operating circular or band saws, wood-shapers, wood-
jointers, planers, sand-paper or wood-polishing ma-
chinery, emery or polishing wheels used for polishing
metal, wood-turning or boring machinery, stamping
machines in sheet-metal and tinware manufacturing,
stamping machines in washer and nut factories, oper-
ating corrugating rolls, such as are used in roofing
factories, nor shall they be employed in operating
any passenger or freight elevators, steam boiler,

73

§ 51 CHILDREN

steam machinery or other steam generating appa-
ratus, or automobiles, wire or iron straightening ma-
chinery; nor shall they operate or assist in operating
rolling mill machinery punches or shears, washing,
grinding or mixing mill or calendary rolls in rubber
manufacturing, nor shall they operate or assist in
operating laundry machinery, nor shall children be
employed in any capacity in preparing any composi-
tion in which dangerous or poisonous acids are used,
and they shall not be employed in any capacity in the
manufacture of paints, colors or white lead ; nor shall
they be employed in any capacity whatever in the
manufacture of goods for immoral purposes; nor
shall females under the age of sixteen years of age
be employed in any capacity whatsoever where such
employment compels them to remain standing con-
stantly. No female child under ten years of age,
shall sell or be permitted or allowed to sell or dis-
tribute any newspapers, periodicals or other publica-
tion or any article of merchandise or to engage in or
carry on any other business of occupation in the
streets of alleys of any towrn or city. — 8. L. '11, p. 234

51. Employer to keep register — school certificate.
It shall be the duty of every person, firm or corpora-
tion, agent or manager of any firm or corporation
employing minors over 14 years and under 16 years
of age in any mercantile institution, store, office,
hotel, laundry, manufacturing establishment, bowl-
ing alley, theatre, concert hall or place of amuse-
ment, passenger or freight elevator, factory or work-
shop or as a messenger or driver therefor, within this
state, to keep a register in said mercantile institu-
tion, store, office, hotel, laundry, manufacturing es-
tablishment, bowling alley, theatre, concert hall or

74

CHILDttttN § 52

place of amusement, factory or workshop in which
said minors shall be employed or permitted or suf-
fered to work, in which register shall be recorded the
name, age and place of residence of every child em-
ployed or suffered or permitted to work there, or as
messenger or driver therefor, over the age of 14 and
under the age of 16 years; and it shall be unlawful
for any. person, firm or corporation agent or manager
of any firm or corporation to hire or employ, or per-
mit or suffer to work in any mercantile institution,
store, office, hotel, laundry, manufacturing establish-
ment, bowling alley, theatre, concert hall or place of
amusement, passenger or freight elevator, factory or
workshop, or as messenger or driver therefor, any
child under the age of 16 years and over 14 years of
age, unless there is first produced and placed on file
in such mercantile institution, store, office, hotel,
laundry, manufacturing establishment, bowling alley,
factory or workshop, theatre, concert hall or place of
amusement, an age and school certificate approved as
hereinafter provided. — 8. L. '11, p. 235

52. List of employed posted in work room.
Every person, firm or corporation, agent or manager
of a corporation employing or permitting or suffering
to work five or more children under the age of 16
years and over the age of 14 in any mercantile insti-
tution, store, office, laundry, hotel, manufacturing
establishment, factory or work-shop, shall post and
keep posted in a conspicuous place in every room in
which such help is employed, or permitted or suffered
to work, a list containing the name, age and place of
residence of every person under the age of 16 years
employed, permitted or suffered to work in such
room. — 8. L. '11, p. 235

75

§§53-54 CHILDREN

53. Age and school certificate. No child per-
mitted to be employed under this act shall be em-
ployed in any mercantile institution, store, office,
hotel, laundry, manufacturing establishment, bowl-
ing alley, theatre, concert hall, or place of amuse-
ment, passenger or freight elevator, factory or work-
shop, or as messenger or driver therefor, unless there
is first produced and placed on file in such mercantile
institution, store, office, hotel, laundry, manufactur-
ing establishment, bowling alley, theatre, concert hall
or place of amusement, factory or workshop, and
accessible to the state factory inspector, assistant
factory inspector or deputy factory inspector, an age
and school certificate as hereinafter prescribed ; and
unless there is kept on file and produced on demand
of said inspectors of factories a complete and correct
list of all the minors under the age of 16 years so
employed who cannot read at sight and write legibly
simple sentences, unless such child is attending night
school as hereinafter provided. — 8. L. '11, p. 236

54. Age and school certificate — how approved.
An age and school certificate shall be approved only
by the superintendent of schools or by a person au-
thorized by him in writing; or where there is no
superintendent of schools, by a person authorized by
the school board; Provided, that the superintendent
or principal of a parochial school shall have the right
to approve an age and school certificate, and shall
have the same rights and powers as the superin-
tendent of public schools to administer the oaths
herein provided for children attending parochial
schools : Provided further, that no member of a
school board or other person authorized as aforesaid
shall have authority to approve such certificates for

76

CTITT.DTl'EX §§ 55-56

any child then in or about to enter his own establish-
ment, or the employment of a firm or corporation of
which he is a member, officer or employe. The per-
son approving these certificates shall have authority
to administer the oath provided herein, but no fee
shall be charged therefor. It shall be the duty of the
school board or local school authorities to designate
a place (connected with their office, when practi-
cable) where certificates shall be issued and recorded,
and to establish and maintain the necessary records
and clerical service for carrying out the provisions
of this act. — 8. L. '11, p. 236

55. Proof of age. An age and school certificate
shall not be approved unless satisfactory evidence
is furnished by the last school census, the certificate
of birth or baptism of such child, the register of
birth of such child with a town or city clerk, or by
the records of the public or parochial schools, that
such child is of the age stated in the certificate :
Provided, that in cases arising wherein the above
proof is not obtainable, the parent or guardian of
the child shall make oath before the juvenile or
county court or any officer thereof as to the age of
such child, and the court may issue to said child
an age certificate as sworn to. — 8. L. '11, p. 237

56. Employment ticket. The age and school
certificate of a child under 16 years of age shall not
be approved and signed until he presents to the
person authorized to approve and sign the same a
school attendance certificate, as hereinafter pre-
scribed, duly filled out and signed. A duplicate of
such age and school certificate shall be filled out
and shall be forwarded to the state factory in-
spector's office. Any explanatory matter may be

77

§ 56 CHILDREN

printed with such certificate, in the discretion of the
school board or superintendent of schools. The em-
ployment and the age and school certificates shall
be separately printed and shall be filled out, signed
and held or surrendered as indicated in the follow-
ing forms:

School Certificate.

(Name of school.) (City or town and date.)

This certifies (name of minor) of the th

grade, can read and write legibly simple sentences.
This also certifies that according to the records of
this school, and in my belief, the said (name of
minor) was born at (name of city or town), in
(name of county), on the (date) and is now (num-
ber of years and months) old.

(Name of parent or guardian.)

(Residence.)

(Signature of teacher) grade.

(Name of principal.)

Evening School Attendance Certificate.

(Date.)
This certifies that (name of minor) is registered

in and regularly attends the evening

school. This also certifies that according to the rec-
ords of my school and in my belief the said (name
of minor) was born at (name of city or town), on

the day of (year), and is now (number

of years and months) old.

(Name of parent or guardian.)

(Eesidence.)
(Signature of teacher.)
(Signature of principal.)

78

CHILDREN § 56

Age and School Certificate.

This certifies that I am (father, mother, guar-
dian or custodian) of (name of minor), and that
(he or she) was born at (name of town or city), in
the (name of county, if known) and state and

county of on the (day of birth and year

of birth) and is now (number of years and months)
old.

(Signature of parent, guardian or custodian.)

(City or town and date.)

There personally appeared before me the above
named (name of person signing) and made oath
that the foregoing certificate by (him or her) signed
is true to the best of (his or her) knowledge. T
hereby approve the foregoing certificate of (name

of child) height (feet and inches), weight ,

complexion (fair or dark), hair (color), having no
sufficient reason to doubt that (he or she) is of the
age therein certified.

Owner of Certificate. This certificate belongs
to (name of child in whose favor it is drawn) and
is to be surrendered to (him or her) whenever (he
or she) leaves the service of the corporation or em-
ployer holding the same; but if not claimed by said
child within thirty days from such time it shall be
returned to the superintendent of schools, or where
there is no superintendent of schools, to the
school board. (Signature of person authorized to
approve and sign, with official character authority)
(town or city and date.)

Illiteracy. Tn the case of a child who can not
i-cad al siiilii and write legibly, simple sentences,
the certificate shall continue as follows: after the

79

§§ 57-58 CHILDREN

word sentences: "I hereby certify that (he or she)
is regularly attending the (name of public or pa-
rochial evening school)." This certificate shall con-
tinue in force just as long as the regular attendance
of said child at said evening school is certified
weekly by the teacher and principal of such school.
Evening School. In any city or town in which
there is no public or parochial evening school,
an age and school certificate shall not be approved
for a child under the age of 16 years who can not
read at sight and write legibly simple sentences, the
certificate of the principal of a public or parochial
school shall be prima facie evidence as to the lit-
eracy or illiteracy of the child. — 8. L. '11, p. 239

57. Schooling required. No person shall em-
ploy any minor over 14 years of age and under 16
years, and no parent, guardian or custodian shall
permit to be employed any such minor under his
control who can not read at sight and write legibly
simple sentences, while a public evening school is
maintained in the town or city in which such minor
resides, unless such minor is a regular attendant at
such evening school. — 8. L. '11, p. 239

58. Duties of state inspectors of factories. The
state inspector of factories, his assistants or dep-
uties, shall visit all mercantile institutions, stores,
offices, laundries, manufacturing establishments,
bowling alleys, theatres, concert halls or places of
amusement, factories or workshops, and all other
places where minors are or may be employed in this
state, and ascertain whether any minors are em-
ployed contrary to the provisions of this act. In-
spectors of factories may require that age and

CHILDREN §59

school certificates, and all lists of minors employed
in such factories, workshops, mercantile institutions
and all other places where minors are employed as
provided for in this act, shall be produced for their
inspection on demand. And, provided, further, that
upon written complaint to the school board or local
school authorities of any city, town, district or mu-
nicipality, that any minor (whose name shall be
given in such complaint) is employed in any mer-
cantile institution, store, office, laundry, manufac-
turing establishment, bowling alley, theatre, con-
cert hall or place of amusement, passenger or freight
elevator, factory or workshop, or as messenger or
driver thereof, contrary to the provisions of this
act, it shall be the duty of such school board or
local school authority to report the same to the state
inspector of factories. — s. L. '11, p. 240

59. Hours of labor. No person under the age-
of 16 years shall be employed or suffered or per-
mitted to work at any gainful occupation more than
forty-eight hours in any one week, nor more than
eight hours in any one day; or after the hour of
8:00 o'clock in the evening. Every employer shall
post in a conspicuous place in every room where
such minors are employed, a printed notice stating
the hours required of them each day of the week,
the hours of commencing and stopping work, and
the hours when the time or times allowed for din-
ner or other meals begins and ends. The printed
form of such notice shall be furnished by the state
inspector of factories, and the employment of any
such minor for longer time in any one day so
stated shall be deemed a violation of this section.
—8. L. '11, p. 240

81

§§ 60-61-62 CHILDREN

60. Prima facie evidence of a child's employ-
ment. The presence of any person under the age
of 16 years in any manufacturing establishment,
factory or workshop shall constitute prima
facie evidence of his or her employment therein.
—S. L. '11, p. 240

61. Enforcement of the provisions of this act.

It shall be the special duty of the state factory in-
spector to enforce the provisions of this act and to
prosecute all violations of the same before any mag-
istrate or any court of competent jurisdiction in this
state. It shall be the duty of the state factory
inspector, assistant state factory inspector and
deputy state factory inspectors under the super-
vision and direction of the state factory inspector,
and they are hereby authorized and' empowered
to visit and inspect, at all reasonable times,
and as often as possible, all places covered by this
act; provided, that this act shall not be construed
to repeal any law of this state imposing duties or
responsibilities upon any other officer or person to
make inspections or bring prosecutions for the vio-
lation of any school law or any other law of this
state for the protection of children. — 8. L. '11, p. 241

62. Child exempted — how. Any child may be
exempted from the provisions of this act concern-
ing employment of children in any concert or the-
atrical exhibition or performance in any place
where intoxicating liquors are not sold, and between
the ages of fourteen and sixteen, from any other
provisions of this act, except the provisions of sec-
tion three, on the following conditions: Any
such child, its parent or person seeking to employ
such child shall file an application in writing with

CHILDREN § 62

the city superintendent of schools if there be any
such city superintendent of schools — and if not, then
with the county superintendent of schools, or any
person deputized by them to receive and act upon
such application, stating his or her age, residence,
address, school attendance, grade, names of parent,
parents or guardian, and in detail the nature of
employment sought, the number and character of the
performances, the kind of work required and the
name of the employer and such facts as may be
required to enable such person to pass intelligently
upon such application. Within not less than 48
hours of the filing of such application, it shall be
the duty of such officer to hear and determine such
application, and if the same shall be granted, such
officer granting the same, shall issue a written per-
mit to such child, stating therein his reasons for
such permit. If such application is refused, the
child or the person making same for the child shall
be entitled upon demand, within 24 hours after such
refusal, to be furnished with a written statement
of the reasons of such officer for refusing to issue
such permit. An appeal may be taken from the
decision of such officer so passing upon such appli-
cation to the county or juvenile court of the county
in which such application is made, upon such child,
its parent or guardian or any person interested in
the protection of such child filing a brief written
petition with the clerk of said court, with a copy
of such refusal to grant such permit ; provided, such
appeal is taken within ten days after the refusal
to issue such permit. No fee shall be charged for
any such application or on account of any such

S3

§ 62 CHILDREN

appeal. No permit shall be granted under the pro-
visions of this section to any child to be employed
in any concert or theatrical exhibition or perform-
ance unless it shall be made to appear that suitable
provisions have been made by the employer of such
child for the protection of the moral and physical
health and the education of such child. The person
passing upon such application or any court before
whom such matter may be brought for final deter-
mination, may, as a condition to granting such per-
mit, make such reasonable terms and conditions as
shall seem necessary and proper for safeguarding
the moral and physical health of such child and
giving it such educational advantages as may seem
to be for its best interests. And it shall be lawful
to attach as a condition to any such permit men-
tioned in this section a written promise of the em-
ployer of such child to comply with the terms there-
of and a bond or undertaking to the people of the
state of Colorado in a penal sum to be fixed by the
court, not exceeding two thousand dollars, with
one or more sureties may be required by the court
of such employer conditioned that he will faith-
fully carry out the terms and conditions upon
which such permit may be granted. Permits o»
copies certified to as correct by the authorities is-
suing the same granting exemptions from this act
for children to appear in any concert or theatrical
performance shall be kept on file at the box office
of concert halls or theatre in which any such child
may appear under such permits. All such permits
shall be subject to inspection by the humane so-
ciety and probation officers and factory inspectors.

84

CHILDREN § 63

Any person may apply to the county or juvenile
court to have the exemption permitted by this act
revoked by such court by filing with the clerk of
the court a short petition setting up the facts show-
ing that the conditions of the permit granting such
exemption have been violated, or that it is not for
the best interest of such child to have such permit
or exemption. Whereupon, the court shall issue a
summons or notice to such child and to at least one
of its parents or guardian, if there be such parent
or guardian in the county, requiring them to ap-
pear before such court within not less than forty-
eight hours to show cause why the prayer of such
petition should not be granted or such permit or
exemption should not be revoked. During that part
of the months of June, July and August when the
public schools are not in regular session, children
over twelve years of age shall be entitled to ex-
emptions from the provisions of this act, permitted
by section fifteen, upon complying with the condi-
tions and receiving the permit provided for in
said section. — 8. L. '11, p. 241

Note. Section 15 above referred to is section 62 herein.

63. Penalties — first offense. Whoever, having
under his control a child under the age of 16 years,
permits such child to be employed in violation of
the provisions of this act, shall for each offense be
fined not less than five dollars nor more than
twenty-five dollars, and shall stand committed until
such fine and costs are paid. A failure to pro-
duce to the inspector of factories, his assist-
ants or deputies, any age and school certificates
or lists required by this act. shall constitute

85

§ 63 CHILDREN

a violation of this act, and the person so failing
shall, upon conviction, be fined not less than five
dollars nor more than fifty dollars for each offense.
Every person authorized to sign the certificate
prescribed by section 7 of this act, who certifies
to any materially false statement therein, shall
be guilty of a violation of this act, and upon
conviction be fined not less than five dollars
nor more than one hundred dollars for each offense,
and shall stand committed until such fine and costs
are paid. Any person, firm or corporation, agent
or manager, superintendent or foreman of any firm
or corporation, whether for himself or for such
firm or corporation, or by himself or through sub-
agents or foreman, superintendent or manager,
who shall violate or fail to comply with any
of the provisions of this act, or shall refuse
admittance to premises, or otherwise obstruct the
factory inspector, assistant factory inspector or
deputy factory inspector in the performance of
their duties, as prescribed by' this act, shall be
deemed guilty of a misdemeanor, and upon convic-
tion thereof shall be fined not less than five dol-
lars, nor more than one hundred dollars for each
offense, and shall stand committed until such fine
and costs are paid.

It is the intention and purpose of this act to
extend personal responsibility to the president and
general manager of any corporation for violation
of this act by any foreman, superintendent or sub-
manager or sub-agent. — s. L. 'ii, p. 243

Note. Section 7 above referred to is section 54 herein.
86

CHILDREN g§ 64-65

64. Penalties — second violation. Any person,
agent, firm or corporation who shall be convicted
of a second violation of any provision of this act,
shall be fined in a sum not less than one hundred
dollars, or more than five hundred dollars or be
imprisoned in the county jail for not to exceed
ninety days or by both such fine and imprisonment,
in the discretion of the court. — 8. L. '11, p. 244

DELINQUENT CHILDREN

65. Definition of terms — application of act — evi-
dence. This act shall apply only to children sixteen
years of age or under, not inmates of a state
institution, or any institution incorporated under the
laws of the state for the care and correction of delin-
quent children. The words "delinquent child" shall
include any child sixteen years of age or under
such age who violates any law of this state or any
city or village ordinance; or who is incorrigible, or
who knowingly associates with thieves, vicious or
immoral persons, or who is growing up in idleness
or crime, or who knowingly Visits or enters a house
of ill-repute, or who knowingly patronizes or visits
any policy shop or place where any gaming device is,
or shall be, operated ; or who patronizes or visits any
saloon or dram shop where intoxjcating liquors are
sold; or who patronizes or visits any public pool room
or bucket shop ; or who wanders about the streets in
the night time without being on any lawful business
or occupation ; or who habitually wanders about any
railroad yards or tracks, or jumps or hooks on to any
moving train, or enters any car or engine without
lawful authority; or who habitually uses vile, ob-
scene, vulgar, profane or indecent language, or is

87

§§ 66-67-68 CHILDREN

guilty of immoral conduct in any public place or
about any school house. Any child committing any
of the acts herein mentioned shall be deemed a
juvenile delinquent person, and shall be proceeded
against as such in the manner hereinafter provided.
A disposition of any child under this act, or any evi-
dence given in such cause, shall not in any civil,
criminal or other cause or proceeding whatever in
any court be lawful or proper evidence against such
child for any purpose whatever, excepting in subse-
quent cases against the same child under this act.
The word "child" or "children" may mean one or
more children, or the word "parent" or "parents"
may mean one or both parents when consistent with
the intent of this act. — R. 8. 586

66. Penalty. Any person who shall be convicted
of violating any of the provisions of the preceding
sections of this act, shall be fined not exceeding one
hundred dollars, or be imprisoned in the county jail
not exceeding three months, or both, in the discretion
of the court ; and upon conviction for a second or any
subsequent offense, shall be fined not exceeding two
hundred dollars, or be imprisoned in the county jail
not exceeding six months. — R. S. 603

67. Delinquent girls under eighteen. From and
after the passage of this act, any law of this state
defining delinquency or concerning contributory de-
linquency shall, for the .protection of girls, be held
to include all girls under the age of eighteen years.
—8. L. '11, p. 298

PHYSICAL EXAMINATION

68. State superintendent prepare suitable test
card. The state superintendent of public instruction
shall prepare or cause to be prepared suitable test

CHILDREN § 69

cards, blanks, record books, and other needful appli-
ances and supplies to be used in testing the sight,
hearing and breathing of pupils in the public schools,
and the necessary instructions for their use ; and shall
furnish the same free of expense to every public
school in the state. The teacher or principal in every
public school, or where there is no principal, the
county superintendent, shall, during the first month
<>!' each school year, test the sight, hearing and breath-
ing of all pupils under his charge, such examination
to be made by observation, without using drugs or
instruments, and without coming in contact with
said child ; and keep a record of such examinations
according to the instructions furnished and make a
written report of such examinations to the state
superintendent of public instruction as he may re-
quire.— 8. L. '09, p. 490

69. Teacher report defectiveness. Every teacher
in the public schools shall report the mental, moral
and physical defectiveness of any child under his
supervision, as soon as such defectiveness is apparent,
to the principal or, where there is no principal, to
the county superintendent. Such principal or county
superintendent shall promptly notify the parents or
guardian of each child found to be defective, of the
child's defectiveness, and shall recommend to such
parents or guardian that such child be thoroughly
examined as soon as possible by a competent physi-
cian or surgeon with special reference to the eyes,
ears, nose, throat, teeth and spine. If the parents or
guardian of such child shall fail, neglect or refuse
to have such examination made and treatment begun
within a reasonable time after such notice has been
givon, the said principal or superintendent shall

89

§ 70 CHILDREN

notify the state bureau of child and animal protec-
tion of the facts ; Providing, however, That whenever
it shall be made to appear to the said principal or
superintendent, upon the written statement of the
parent or guardian of said child, that such parent or
guardian has not the necessary funds wherewith to
pay the expenses of such examination and treatment,
the said principal or superintendent shall cause such
examination and treatment to be made by the county
physician of the district wherein said child resides ;
and it shall be the duty of such county physician to
make such examination and treatment, and if he be
unable to properly treat such child he shall forth-
with report such fact to the county commissioners of
the county, with his recommendation. — 8. L. '09, p. 490

70. Auditor draws warrant — biennial expense not
to exceed one thousand dollars. The state auditor
is hereby directed to draw his order for such sums
and at such times as the state superintendent of
public instruction may require to carry out the pro-
visions of this act. The total expenses under this act
shall not exceed one thousand dollars in any biennial
period ending November 30. — S. L. '09, p. 491

90

COMPULSORY EDUCATION

71. Children sent to school — exception — appeal.

That in all school districts of this state, all parents,
guardians and other persons having care of chil-
dren shall instruct them, or cause them to be in-
structed, in reading, writing, spelling, English
grammar, geography and arithmetic. In such dis-
tricts, every parent, guardian or other person hav-
ing charge of any child between the ages of eight
and sixteen years, shall send such child to a public,
private or parochial school for the entire school
year during which the public schools are in session
in such districts; Provided, however, That this act
shall not apply to children over fourteen years of
age where such child shall have completed the eighth
grade, or may be eligible to enter any high school
in such district, or where its help is necessary for
its own or its parent's support, or where for good
cause shown it would be for the best interests of
such child to be relieved from the provisions of this
act; Provided, further, That if such child is being
sufficiently instructed at home N by a person qual-
ified, such child shall not be subject to the provisions
of this act; and Provided, further, That if a repu-
table physician within the district shall certify in
writing that the child's bodily or mental condition
does not permit its attendance at school, such child
shall be exempt during such period of disability
from the requirements of this act. It shall be the
duty of the superintendent of the school district,
if there be such superintendent, and, if not, then

n

5 71 COMPULSORY EDUCATION

the county superintendent of schools, to hear and
determine all applications of children desiring for
any of the causes mentioned herein to be exempted
from the provisions of this act, and if upon such
application such superintendent hearing the same
shall be of the opinion that such child is for
any reason entitled to be exempted as aforesaid,
then such superintendent shall issue a written per-
mit to such child, stating therein his reasons for
such exemption. An appeal may be taken from the
decision of such superintendent so passing upon
such application to the county court of the county
in which such district lies, upon such child making
such application and filing the same with the clerk
or judge of said court within ten days after its re-
fusal by such superintendent, for which no fee to
exceed the sum of one dollar shall be charged, and
the decision of the county court shall be final. An
application for release from the provisions of this
act shall not be renewed oftener than once in three
months.— R.S. 530

Law does not prohibit a pupil from being expelled.

1. The compulsory attendance law does not prohibit a
pupil from being expelled from public school, in proper
cases.

Parents cannot avoid law by sending children away.

2. When a boy's parents live in a school district they
cannot avoid the provisions of the compulsory law by send-
"ing their son to another locality, the child and the parents
being exactly as liable to the provisions of the law as if they
were keeping him in town and he was not attending school.

Demands of law not met by teaching German.

3. The demands of a compulsory education law would
not be met in case a child attended a private school in which
the German language was used, as the intent of the law is
that the child shall receive for the time specified equivalent

COMPULSORY EDUCATION S 72

instruction to that given through the public schools, which
the law requires shall be taught in the English language.

Instruction at home.

4. The law provides that a child who does not attend
the public school shall be taught at home in such branches
as are usually taught in the public schools, subject to the
same examinations as the pupils of the district in which the
child resides. While the law states that the child should be
instructed by some person qualified, nothing is given in re-
gard to a legal qualification, such as obtaining a teacher's
certificate.

Instruction in private schools.

5. The compulsory school law requires that children
between the ages of eight and sixteen, .attending a private
school, should receive such instruction as would be an equiv-
alent to that given in the public schools. It is the duty of
the truant officer to investigate such cases and require what-
ever statements may be necessary concerning the work.

Does not apply to deaf and blind.

6. Attendance is not compulsory at the state school for
the deaf and blind.

72. Children under 14 years not employed—
penalty for employing, No child under the age of
14 years shall be employed by any person, persons,
company or corporations during the school term
and while the public schools are in session, unless
the parent, guardian or person in charge of such
child shall have fully complied with section one of
this act. Every such employer shall require proof
of such compliance, and shall make and keep a
written record of the proof given, which shall be-
subject to the inspection of the truant officer, su-
perintendent of schools, or any school director of
the district. Any employer employing any child
contrary to the provision of this section, shall be
fined not less than twenty-five nor more than one
hundred, dollars. — R. S. 531

§§ 73-74 COMPULSORY EDUCATION

73. Minors between 14 and 16 must read and
write — duty of employer — penalty. All minors over
the age of 14 years and under the age of 16 years
who can not read, and write the English, language,
shall attend school at least one-half day of each
day, or attend a public night school, or take regular
private instruction from some person qualified, in
the opinion of the county superintendent of schools,
in which such district or the greater portion of the
same lies, until such minor obtains a certificate
from such superintendent that he or she can read
at sight and write legibly, simple sentences in Eng-
lish. Every employer employing or having in em-
ployment any such minor shall exact as a condition
of employment the school attendance or instruction
required by this section, and shall on request of
the truant officer, furnish the evidence that such
minor is complying with the requirements of this
section. Every employer failing to comply with the
requirements of this section as to any minor em-
ployed by him or in his employ, shall be fined not
less than twenty-five dollars, and not more than
one hundred dollars; Provided, That any employer
with the^ approval or consent of the county super-
intendent of schools may make provision for the
private instruction of minors in his employ.
— R. 8. 532

74. Truant — who is — juvenile disorderly person.

Every child within the provisions of this act who
does not ^attend school, as provided in section one
of this act, or who is in attendance at any public,
private or parochial school, and is vicious, incor-
rigible or immoral in conduct, or who is an habitual
truant from school, or who habitually wanders about

M

COMPULSORY EDUCATION § 75

the streets and public places during school hours
without any lawful occupation or employment, or
who habitually wanders about the streets in the
night time, having no employment or lawful occu-
pation, shall be deemed a juvenile disorderly per-
son, and be subject to the provisions of this act.
— R. 8. 533

School directors must enforce law.

1. It is the duty of the school board to enforce the com-
pulsory law. Complaint of its violation may be made by any
elector of the district.

75. Truant officer — powers — duties — record. To
aid in the enforcement of this act, the board of
school directors in districts of the first and second
class shall have power, and it shall be their duty,
to appoint one or more truant officers whose com-
pensation shall be fixed by the board appointing
him. The truant officer shall be vested with police
powers, and shall have authority to enter work-
shops, factories, stores and all other places where
children may be employed, and jn the way of in-
vestigation or otherwise, to enforce this act. The
truant officer shall institute proceedings against any
officer, parent, guardian, person or corporation who
shall violate any of the provisions of this act, and
shall otherwise discharge the provisions of this act,
and perform such other services as the county su-
perintendent of schools or the board of directors
of the school district may deem necessary to pre-
serve the morals and secure the good conduct of
school children, and to enforce this act. The truant
officer shall keep a record of his transactions for
the inspection of the county superintendent of
schools and of the directors of the school district,

§§ 76-77 COMPULSORY EDUCATION*

and suitable blanks shall be provided for his use by
the secretary of the school district. — R. 8. 534

76. Truancy officer in third class districts. The
board of school directors in school districts of the
third class in this state shall appoint a truancy of-
ficer whose powers and duties shall be the same as
those prescribed by law for truancy officers in
school districts of the first and second class. His
compensation shall be fixed by the board appoint-
ing him and may be by the day for the time actually
consumed in the discharge of his duties as such
officer.. A' member of the school board may be ap-
pointed truancy officer.— 8. L. '11, p. 250

77. Truant officer — duties — conviction of parent
—penalty — bond — defense. The truant officer shall
examine into any case of truancy within his district,
and shall warn the parent, guardian, or others in
charge of the child of the final consequences of
truancy if persisted in. When any child between
the ages of eight and fourteen years, or any child
between the ages of fourteen and sixteen years, who
can not read and write the English language, or is
not engaged in some regular employment, or any
child between the age of fourteen years and sixteen
years who has been discharged from employment to
obtain instruction or schooling, is not attend-
ing school without lawful excuse and in vio-
lation of the provisions of this act, the tru-
ant officer shall notify the parent, guardian,
or other person in charge, of the fact, and require
such person to cause the child to attend some rec-
ognized school within five days from the date of the
notice, and it shall be the duty of such person so

96

COMPULSORY EDUCATION §77

to cause its attendance at some recognized school.
Upon failure to do so, the truant officer shall make
complaint in the county court of the county in
which such child lives, against the parent, guardian
or other person having such child in charge, and
upon conviction, the parent, guardian or other per-
son in charge, shall be fined nqt less than five dol-
lars nor more than twenty dollars, or the court may,
in its discretion, require the person so convicted to
give a bond in the penal sum of $100, with sureties
to the approval of the judge of such court, condi-
tioned that he or she will cause the child under his
or her care to attend some recognized school within
five days thereafter, and to remain at school during
the term prescribed at law. And upon the failure
or refusal of the parent, guardian or other person
to pay such fine or furnish such bond according to
the order of the court, the said parent, guardian or
other person shall be imprisoned in the county jail
not less than ten days nor more than thirty days.
For violation of the bond, suit may be brought in
any court of competent jurisdiction, in the name of
the school district, and the amount recovered shall
go to the school fund of the district. If the parent,
guardian or other person shall prove his inability
to cause the child to attend a recognized school, it
shall be a defense, but the child shall be deemed a
juvenile disorderly person within the meaning of
section 4 of this act. — R. £.535

Note. Section 4 above referred to is section 74 herein.

Truant officers.

1. The compulsory education law applies to children in
the state between the ages of fourteen and sixteen, who can-
not read and write the English language, or who are not

97

§ 78 COMPULSORY EDUCATION

engaged in some regular employment; and therefore truant
officers of the state are required to act with reference to
such children, when the circumstances demand, as with chil-
dren under the age of fourteen; also, county courts are re-
quired by law to take jurisdiction of such cases.

Funds of district used to enforce law.

2. The funds of the school district may be used to pay
the expenses of procedure when it becomes necessary to
compel parents to send children to school.

78. Juvenile disorderly person — commitment —
term — expense, "Whenever a child shall , be a juve-
nile disorderly person within the meaning of this
act, the truant officer, or any school teacher, or other
reputable, person, may make complaint in the county
court of the county in which such child resides. The
county court shall hear and determine such com-
plaint, and if it is determined that such child is a
juvenile disorderly person within the meaning of
this act, he or she shall be committed to a children's
home, if eligible, or to the boys' industrial school
or to the girls' industrial school, or to some other
training school, taking into account the years of the
child with reference to the institution selected. Any
child committed to a children's home, on its being
shown to the judge of said court that it is incorri-
gible and vicious, may be transferred to the in-
dustrial school or other proper institution. No child
committed to any reformatory shall be detained be-
yond its majority, and may be discharged sooner
or paroled by the trustees or board of control under
rules and restrictions applicable to other inmates.
Any order of commitment may be suspended by the
judge of the county court during such time as the
child may regularly attend school and properly con-
duct itself. The expense of the transportation of

98

COMPULSORY EDUCATION §§ 79-80-81

the child to the juvenile reformatory, and of the
costs of the case in which the order of commitment
is made, shall be paid by the county from which the
child is committed. — R. S, 536

79. Child unable to attend school — relief. When
any truant officer is satisfied that any child within
the requirements of this act is unable to attend
school because required to work at home or else-
where in order to support itself or help or support
others legally entitled to its services, the truant of-
ficer shall report the case to the authorities charged
with the relief of the poor, who shall thereupon af-
ford such relief as will enable the child to attend
school; Provided, That such child shall not be re-
quired to attend more than three hours a day dur-
ing school days. In case the child or its parents or
guardians neglect or refuse to take advantage of
such provision made for its instruction, such child
may be committed to a children's home or juvenile
reformatory, as hereinbefore provided. — .R. #. 537

80. Violation — penalty. Any person who vio-
lates any provision of this act for which a penalty
is not herein provided, shall be fined not more than
fifty dollars.— R. S. 538

81. Second conviction — penalty — trial by jury.
Every person who, after having been convicted once
of violating any of the provisions of this act shall
be convicted a second time of' a similar offense,
may, in addition to the punishment by way of fine
elsewhere provided for, be imprisoned not less than
10 days nor more than 30 days ; Provided, That in
all cases arising under this act in which a fine or

§ 82 COMPULSORY EDUCATION

imprisonment may be a part of the judgment, trial
shall be by jury if not waived. — R. 8. 539

82. Not apply to districts without accommoda-
tions. This shall not apply to school districts in
which there are not sufficient accommodations in
the public schools to seat children compelled to at-
tend under the provisions of this act.— R. 8. 540

10Q

COUNTY SUPERINTENDENT

83. Election — oath — bond — term of office. There
shall be elected in each county, at the general elec-
tion in the year one thousand eight hundred and
seventy-seven, and biennially thereafter, a county
superintendent of public schools, who shall take
office on the second Tuesday of January next suc-
ceeding that in which such election shall be held.
He shall hold his office for two years, and until his
successor shall be elected and qualified. Before en-
tering upon the duties of his office, he shall take the
oath prescribed by the constitution, and execute a
bond payable to the people of the state of Colorado,
with two or more sureties, to be approved by the
board of county commissioners, in penalty of not
less than two thousand dollars, to be increased at
the discretion of said board, conditioned upon the
faithful performance of the duties of his office and
the delivery of all moneys and property as such su-
perintendent to his successors, which bond shall be
filed in the office of the county clerk.— R. s. 5877

Qualifications.

1. In addition to other qualifications, a person to be
eligible to the office of county superintendent must have
resided in the county at least one year preceding his
election.

2. If the county superintendent fails to turn over to
the county treasurer moneys received by him as required
by law, and also does not turn over to his successor the
records of the office, the matter should be called to the
attention of the county commissioners. They may, by law,
proceed in a civil action for the recovery of any moneys
due the county.

101

§§ 84-85-86 COUNTY SUPERINTENDENT

3. The county superintendent is also liable upon his
bond for the improper performance of his duty.

84. Act till successor qualified. When the term
of any sheriff, * * * or other county officers shall
expire, as now provided by law, it shall be lawful
for such officer, whether re-elected or not, and his
deputies, to continue to perform all the duties of
such office until his successor shall be duly qualified
as required by law. — R. S. 1355

85. Failure to qualify— vacancy— appointment-.
Should the superintendent-elect fail to qualify as
aforesaid, or should there occur a vacancy in said
office, the board of county commissioners shall at
their next meeting after such vacancy or failure to
qualify occurs, appoint an eligible and suitable per-
son, who shall qualify within ten days after his ap-
pointment, and who shall continue in office until the
next general election thereafter. Should such ap-
pointee fail to qualify, as aforesaid, another appoint-
ment shall be made in the same manner, until the
vacancy shall be filled by appointment or election.
— R. 8. 5878

86. When office becomes vacant. Every county
office shall become vacant on the happening of either
of the following events before the expiration of the
term of office :

First — The death of the incumbent.

Second — His resignation.

Third — His removal.

Fourth — His ceasing to be an inhabitant of the
county for which he was elected or appointed.

Fifth — His conviction of any infamous crime,
or any offense involving a violation of his official
oath.

102

COUNTY SUPERINTENDENT § 87

Sixth — His refusal or neglect to take his oath of
office, or to give or renew his official bond, or to de-
posit such oath and bond within the time prescribed
by law.

Seventh — The decision of a competent tribunal,
declaring void his election or appointment.-^, s. 1359

87, Classification of counties to regulate sala-
ries, For the purpose of regulating the amount, of
compensation of county superintendents of schools,
the counties of the state are divided into seven
classes as follows :

The City and County of Denver, El Paso and
Las Animas Counties shall be the first class ; Pueblo,
Weld, Boulder, Fremont and Teller Counties shall
be the second class ; Conejos, Delta, Garfield, Gilpin,
Huerfano, Lake, Larimer, Mesa, Montrose, and Otero
Counties shall be the third class; Chaffee, Clear
Creek, Douglas, Eagle, Elbert, Jefferson, Qunnison,
La Plata, Ouray, Rio Grande, Pitkin, Park, Prow-
ers and Saguache Counties shall be the fourth class ;
Bent, Custer, Cheyenne. Kit Carson, Logan, Monte-
zuma, Morgan, Routt, San Miguel and Yuma Coun-
ties shall be the fifth class; Archuleta, Baca, Cos-
tilla, Grand, Kiowa, Lincoln, Mineral, Phillips, Rio
Blanco, San Juan, Sedgwick, Summit and Washing-
ton shall be the sixth class; Dolores and Hinsdale
shall be the seventh class. County superintendents
of schools shall receive the following compensation,
to be paid quarterly out of the county treasury, to
wit: In counties of the first class, an annual salary
of twenty-eight hundred dollars; in counties of the
second class, an annual salary of two thousand dol-
lars ; in counties of the third class, an annual salary

103

§ 88 COUNTY SUPERINTENDENT

of twelve hundred dollars ; in counties of the fourth
class, an annual salary of eleven hundred dollars;
in counties of the fifth class, an annual salary of
eight hundred dollars ; in counties of the sixth class,
an annual salary of five hundred dollars ; in counties
of the seventh class, an annual salary of one
hundred dollars; in all but first and second class
counties, boards of county commissioners may allow
mileage not to exceed ten cents per mile for dis-
tance necessarily and actually traveled in the per-
formance of duty, not to exceed an aggregate of
throe hundred dollars per annum in any county.
—R. S. 2575

Note. Counties of Jackson, Crowley and Moffat are in the
fifth class for compensation of county superintendent. S. L. '09,
p. 436; S. L. '11, pp. 281, 520.

County superintendent not entitled to compensation — when.

a. There is nothing in the law imposing a duty upon
county superintendents to attend a district normal, and
the county superintendent who does so is not entitled either
to mileage. or a per diem compensation, although he may be
a member of the executive committee of the normal district.
— Stevens v. Sedgwick Co., 5 C. A. 115

88. Expenses of county superintendents — office
hours. The commissioners shall provide him with a
suitable office at the county seat, and all necessary
blank books, stationery, postage, expressage and
other expenses of his office, not otherwise provided
for, which last mentioned expenses shall be paid i'or
from the county fund. He shall keep his office open
for the transaction of official business such days
each week as the duties of the office may require.
— R. S. 5886

Necessary expenses.

1. As to what might be considered necessary expenses
other than those enumerated, would be a matter for the
county commissioners to determine.

104

COUNTY SUPERINTENDENT § 89

89. Deputy — how paid. If for any cause the su-
perintendent is unable to attend to the duties of his
office, he may appoint a deputy, who shall take the
usual oath or affirmation of office, and who may ex-
ercise all the functions of county superintendent,
but such deputy shall draw no salary from the
public fund; Provided, That the superintendent may
receive a per diem for the services of such deputy.
— R. S. 5879

Courts Interfere with discretion of officer — when,
a. The statutes vest in the county superintendent of
schools a large discretion as to the services necessary to be
performed by him in discharge of his official duty, and when
he renders an account of his services and mileage to the
county commissioners made out and verified as required by
law, no authority exists in the board to reject any item or
charge upon inspection merely unless it clearly appears
therefrom that such item is incorrect or illegal; and courts
are not disposed to interfere with the exercise of mere dis-
cretional authority as every reasonable intendment is made
in favor of the acts of public officers who are sworn to
perform their official duties correctly so long as they appear
to be acting in good faith with due care and discretion and
within the limits o-f their conceded powers. — Smith v. Jef-
ferson Co., 10 C. 17

Deputy county superintendent — pay.

&. There is no provision of law, except in counties of
the first class, authorizing the payment of a deputy or
assistant county superintendent, and the board of county
commissioners have no discretion in the matter and cannot
pay for such services from the county funds. — El Paso Co. v.
Finch, 8 C. A. 401

Fractions of day not recognized.

c. The law does not recognize fractions of days, and
where a public officer's compensation is fixed by a per diem
for the time necessarily devoted to the duties of his office,
such officer is entitled to the daily compensation for each
day on which it becomes necessary to perform any sub-
stantial official service regardless of the time occupied. —
Smith v. Jefferson Co., 10 C. A. 17; Oar field Co. v. White,
16 C. A. 516

105

§90 COUNTY SUPERINTENDENT

Deputy — compensation.

1. A county superintendent may employ some one to
do the work incidental to his office, the person thus em-
ployed to be remunerated by the county superintendent,
except that in counties of first class such assistant may be
paid from county treasury.

2. Deputy county superintendents, except in counties
of first class, can only receive a per diem, such as may be
fixed by county superintendent and allowed by the county
commissioners, and a failure to provide mileage leads to
the conclusion that it was not intended that deputy super-
intendents should receive mileage at all.

3. A county superintendent of a county of the first
class may employ a deputy, whose salary shall be fixed by
the board of county commissioners, and who shall be paid
from the county treasury.

Deputy not necessarily resident of county.

4. Since there is no statutory law requiring the deputy
or a county superintendent to be a resident of such county
where there is a joint district practically inaccessible to
the county superintendent of the one county, but easy of
access to the county superintendent of the other county, the
latter can be appointed a deputy of the former for the
purpose of visiting such school in compliance with the law.

90. Deputies and assistants of county superin-
tendent— compensation. Deputies and assistants may
be employed by the sheriffs, county clerks, county
treasurers, county assessors and county superintend-
ents of schools, under the direction of the board of
county commissioners for said counties respectively,
and clerks of the district court under direction of the
judge of such court, and shall be paid salaries out of
the fees, commission^ and emoluments of the office
wherein employed (except employes of county as-
sessor and of county superintendent, who shall be
paid out of the county treasury), the compensation
and time of service to be fixed by the board, the
selection of said deputies and employes to be made
by the officer authorized to employ them ; Provided,

106

COUNTY SUPERINTENDENT §§91-92

That the provisions of this section relating to the
county superintendents of schools shall apply only
in counties of the first class. — R. 8. 2580

Deputy not necessarily resident of county.
1. Since there is no statutory law requiring the deputy
or a county superintendent to be a resident of such county,
where there is a joint district practically inaccessible to
the county superintendent of the one county, but easy of
access to the county superintendent of the other county,
the latter can be appointed a deputy of the former for the
purpose of visiting such school in compliance with the law.

91. County superintendent's annual report. On

the first Tuesday of September in each year, the
county superintendent shall make a report to -the
superintendent of public instruction for the school
year ending June 30 next preceding, which report
shall contain an abstract of the reports made to him
by district secretaries, and such other matters as the
superintendent of public instruction may direct, and
shall be in such form and upon such blanks as the
superintendent of public instruction shall furnish.
The county superintendent shall retain a copy of all
such reports and file the same in his office.— R. s. 5880

92. Penalty for failure to report. If the county
superintendent fails to make a full and correct re-
port to the superintendent of public instruction, as
provided by law, and shall, after written request or
notice from the superintendent of public instruction,
or from the board of county commissioners, delay
more than ten days after the service of such notice
to make such report, he shall forfeit the sum
of one hundred dollars, which sum the board of
county commissioners may deduct from any money
due him ; said forfeit may, however, be recovered by
suit, upon his official bond. — R. S. 5882

107

-94 COUNTY SUPERINTENDENT

93. Administer oaths. The county superintend-
ent shall have power, and is hereby authorized, to
administer oaths and affirmations to school directors,
teachers and all other persons in official matters
relating to schools; but shall receive no fee for so
doing. — R. 8. 5883

94. Duties of county superintendents. It shall
be the duty of the county superintendent to exercise
a careful supervision over the schools of his county,
to visit each school at least once during each quarter
it is in session, to see that all the provisions of this
act are observed and followed by teachers and school
officers; to examine the accounts of the district
officers to see if such accounts are properly kept,
and all district funds properly accounted for; to
keep, in a good and substantial bound book, a record
of his official acts, and of other matters required by
law to be recorded; to obey the legal instructions
and decisions of the superintendent of public instruc-
tion. He shall also keep a record of the registers,
record books and order books furnished to the sev-
eral districts of his county; and it shall be his duty
to hold county teachers' associations whenever, in
his judgment, the interests of the school work de-
mand it ; the records of the county superintendent 's
office shall be open to the inspection of any citizen
of the county, and within one week from the close
of each school year he shall publish in some news-
paper published in the county, if there be such a
paper, a statement of the apportionment of school
funds for the year preceding. — R. S. 5881

County superintendents sue in official capacity,
a. County superintendents have the right to sue in
their official capacity, and may maintain such actions as
are necessary to the fulfillment of the duties of their offices;

108

COUNTY SUPERINTENDENT § 94

and to this end may bring an action to restrain a board of
directors from employing a teacher without a certificate. —
Catlin v. Christie, 15 C. A. 291

Electors fix boundaries of new district,
ft. After a petition to organize a new school district
out of a portion of one or more old districts has been pre-
sented to the county superintendent, and he is determined
that the school interests will be best promoted by such
organization, the sole power to determine the organization
of such district and the boundaries thereof is vested in the
electors; and such a district cannot be organized, or its
proposed or established boundaries changed by the board
of directors, the county superintendent, or the state board
of education. — People v. VanHorn, 20 C. A. 215

Sale of school house — when void.

1. A sale of a school house, unless authorized by vote
of the electors of the district, is void and may be set aside
in the proper proceedings instituted by any elector of the
district or by the county superintendent.

Separate reports sent — to whom.

2. In a district where there are two schools, the dis-
trict teachers should send in separate reports to the county
superintendent and secretary.

County superintendent may teach.

3. There is nothing in the school law of this state to
prevent a county superintendent from teaching in his county
on account of his holding that office.

County superintendent not entitled to salary as secretary.

4. The law provides that the county superintendent
shall be ex-officio a member and secretary of the county
high school committee; and therefore, all services performed
by him as said secretary is by virtue of his office of county
superintendent and for which he is entitled to no further
compensation than his salary as superintendent.

Duties.

5. It is necessary to publish the apportionment made
to each district in some newspaper published in your county
within one week of the close of each school year.

6. More than any other person, the county superin-
tendent is the one to look after that portion of the school
fund arising from fines, forfeitures, etc. (Section 177
herein.) He should examine the books of the county treas-

109

§ 94 COUNTY SUPERINTENDENT

urers, records and fee books of justices of the peace and
clerks of courts, to ascertain whether or not the fines have
been collected, and if collected, whether they have been
placed to the credit of the proper fund and paid over.

Can refuse examination papers from another county.

7. Neither the state superintendent of public instruc-
tion nor the state board of education have the power to
compel a county superintendent to recognize examination
papers prepared under the supervision of the county super-
intendent of another county, as this is a mere matter of
comity.

Illegal expenditure of funds — protest — suit to recover.

8. Any elector of the district or the county superin-
tendent of the county, through legal process, may prevent
the board from paying out money as wages to a teacher
when she does not possess the necessary certificate.

9. The county superintendent has the right and it is
his duty to protest against the registering of a school war-
rant when he has reason to suspect fraud, and if he has
proof of fraud in connection with the warrant, he has the
same right as an elector of the district to bring proceedings
to stop the payment of the warrant.

10. When funds are used in violation of the law, any
elector of the district or any county superintendent has the
right at any time after said funds have been so used, to
bring suit to recover the same, the members of the school
board that signed the illegal warrants being liable for the
amount involved.

Powers.

11. TKe county superintendent's signature is of no
legal value in drawing warrants.

12. As between school directors and the county super-
intendent, the latter has advisory powers only in arranging
course of study, selection of books and grading of schools.

13. A county superintendent has the right to demand
the resignation of any member of a school board who per-
sistently violates the law, and the superintendent or any
elector of the district has the right to institute proceedings
for the same purpose, but the courts alone have power to
remove such officer.

14. Where a county superintendent calls a county insti-
tute or teacher's association, he has not the right to rule
that the district must pay the teacher the same as if she
had taught school, although the school board has the right

110

COUNTY SUPERINTENDENT § 95

to allow the teacher such time and pay her for it upon
request of the county superintendent, but the authority in
the matter rests with the district board.

15. The county superintendent is not authorized by
law to apportion from the general school fund a per capita
amount to a district high school for the pupils attending
from other districts.

16. If the board of directors of a district refuse to
grant a school, the county superintendent would have no
power to compel it to do so.

17. If the school board is not informed as to cases of
truancy, it is the duty of the county superintendent to take
the matter up with the board.

18. It is not only the right but the duty of a county
superintendent to visit the schools of a joint district. She
would have equal right, in the criticism of the school, with
the county superintendent in whose county the school house
was located.

19. It is not within the power of the county superin-
tendent to declare an election illegal, as it is the function of
the courts to determine that matter.

20. The county superintendent cannot serve as a
member of a school board, for the general rule of law is
that one person can not hold two offices that are incom-
patible.

21. By section 195 herein, the county superintendent
becomes ex-officio secretary of the county high school com-
mittee, and by section 207 becomes ex-officio a member of
the union high school committees.

95. Appoint directors. The county superintend-
ent shall appoint directors for any district which
fails to elect, as provided in section 44, and shall fill
vacancies that may occur in any board of directors
by reason of death, removal from office or from the
district, resignation or otherwise, except in the
boards of directors of districts of the first class, and
the officers so appointed shall hold office only until
the ensuing regular election. — R. 8. 5884

Note. Section 44 above referred to is section 142 herein.

Vacancies on board — how filled.

1. The appointment of persons to fill vacancies in dis-
tricts of the second and third classes is solely with the

111

§ 96 COUNTY SUPERINTENDENT

county superintendent. If a director is absent from his
district 30 consecutive days, it is a valid reason for ap-
pointing his successor in office.

2. Where a division of a school district places a mem-
ber of. the school board in the new district it works a
vacancy in the board of the old district, and does not make
such person a member of the board in the new district. A
full board must be chosen in the new district and all vacan-
cies in the old district filled by appointment made by the
county superintendent.

3. Vacancies in school boards of the second and third
classes must be filled by appointment made by the county
superintendent, and the person so appointed holds the posi-
tion until the next annual school election.

First class districts.

4. The statutes give boards of directors of districts of
the first class the entire authority to declare and fill vacan-
cies, and with that authority, by necessary implication, goes
the authority to declare vacancies, excluding the idea that
a county superintendent may have that authority. The
county superintendent has no right whatever to hold that.
a vacancy exists in the board of a district of the first class
until such vacancy has been declared by the board itself, or
by the courts.

Failure to hold annual election.

5. In case a school district has not held its annual
meeting to elect officers and vote a tax and a special elec-
tion is not called within ten days, it becomes the duty of
the county superintendent to appoint to the vacant posi-
tions, and the duty of the county commissioner to levy the
tax for the district. This is in accordance with the latter
part of section 379 of the school law.

Director must reside in district.

6. The law requires that a person who desires to be a
candidate for a school director must reside in the district,
and it necessarily follows that, in order to remain such
director after election, he must continue to reside therein;
and when he permanently removes from his district, he
ceases at that instant to be a director.

96. Boundaries of school districts — record — pre-
pare maps. It shall be the duty of the county su-
perintendent to ascertain the boundaries of each

112

COUNTY SUPERINTENDENT § 97

school district in his county, and to make and keep
a record of the same in a suitable bound book,
which record shall show definitely the boundaries
of each district. In case the boundaries are found
to be conflicting or incorrectly described, he shall
harmonize the same and make a report of such ac-
tion to the board of school directors whose districts
are affected thereby. District officers shall have ac-
cess to such records for the purpose of examination,
making copies, or for other legitimate purposes.
The county superintendent shall prepare, or have
prepared, a map of the county, showing the correct
boundaries of the districts.—^- s. 5885

Recording boundaries ministerial duty,
a. The recording by the county superintendent of a
description of the boundaries of a newly organized school
district and preparing a map of the same is purely a minis-
terial duty, and may be enforced by a writ of mandamus. —
People' v. VanHorn, 20 C. A. 215

Boundaries of district.

1. District boundaries can only be established as speci-
fied in the school law; they cannot be fixed by agreement
on the part of members of the school boards.

2. A county superintendent has not the right, after
boundaries are established in a new district, to record
"amended boundaries" for all the districts, upon his own
motion, changing them from what they were at first.

97. County superintendent compare census list
—ascertain number of blind and deaf mutes. The
census list of the several districts shall be carefully
examined and compared by the county superintend-
ent, and if the name of the same person be found
upon more than one list he shall strike said name
from all lists except that of the district in which
such person was residing in good faith on the 10th
day of April (February) aforesaid. The residence

113

§ 97 COUNTY SUPERINTENDENT

of an unmarried person of school age shall, in all
cases, be held to be identical with the bona fide
residence of the parent or guardian of such person ;
Provided, That such parent or guardian be a resi-
dent of the state. If the county superintendent find
upon any census list the names of any persons who
he believes were not residents in good faith of such
district, as aforesaid, he shall notify the secretary
certifying the list, and if said secretary shall not
establish the correctness of the list within fifteen
days after such notification, such names shall
be stricken from the list. At the time of taking the
annual census, the secretary shall use reasonable
diligence to ascertain the number of blind and deaf
mute persons resident in the district, between the
ages of four and twenty-two years, with the name
and postoffice address of each. Said items shall be
embodied in his annual report to the county super-
intendent.— R. 8. 5939

Note. Time of taking census changed to February by sec-
tion 115 herein.

Note. County superintendents report on June 1 in each year
to superintendent of school for deaf and blind the names of per-
sons in their counties entitled to admission to such school, sec-
tion 277.

Note. Census defined, section 242.

Residence defined.

1. The word "residing," as used in section 240, has ref-
erence to a permanent residence, and a person's permanent
residence is his voting place.

2. If persons spend the winter in town, voting in the
town in the fall and return to their homes in another dis-
trict less than thirty days previous to a school election, they
are not entitled to vote.

3. That place is considered the residence of a person
in which his habitation is fixed, and to which, whenever
absent, he has the intention of returning; so a person should
not be held to have lost his residence on account of leaving

114

COUNTY SUPKRTNTENDKNT § 97

home and going into another county or state for temporary
purposes merely, with the intention o'f returning.

4. Residence under the school law means a person's
real home, not a temporary abiding place; and when people
move into a town with children at the beginning of school,
expecting to return to their former home at the close, they
cannot claim residence, and the school board has a right to
charge tuition.

5. If a family move into a school district for school
purposes, and during the school year remove therefrom, they
are not residents of such district, within the meaning of the
school law.

6. If a person is holding a homestead claim in good
faith, his residence is in the school district in which the
homestead is located.

7. The fact that a person pays taxes 'in two counties
does not give him the right to send children to school in
both counties; as a person's residence can only be in one
place, the permanent home determines the proper school dis-
trict.

8. It would not be legal to enroll the persons of school
age belonging to the state industrial school in Jefferson
county upon the census lists of the school districts where
the schools are located, providing such persons have a resi-
dence elsewhere. The names of such persons would appear
upon the census lists and would draw from the general
school fund for the benefit of the districts in which is their
true residence, and the state makes its own special provision
for the education of such persons in the industrial schools.

Children's residence, where.

9. In the case of a family residing in good faith upon a
homestead on the 10th day of February, for the purpose of
proving up on the same, the children of school age should
be listed in the district in which the homestead is located,
although the family, for the purpose of attending school,
may reside during school months in another district. How-
ever, if the parents vote in the latter district, they are not
residing upon the homestead in good faith, and in such case
the children should be listed in the district where the
parents vote.

10. If the mother votes in a certain district, living
there with the children, that would be her residence, and
the children should be enrolled in such district.

11. In the case of families living in one school district,
but sending children to school in another district, the chil-
lis

§ 98 COUNTY SUPERINTENDENT

dren must be listed to the district in which the parents
reside.

12. A child who is living with a 'bona fide resident of a
district, and dependent upon such resident for a living, is
entitled to attend schooi in such district free, though the
parents of such child are living in another district.

13. If parents own no home in a particular district, but
rent while the children go to school, and return to a ranch
which they own in another district as soon as school is out,
the district in which the ranch is located should enroll the
children upon the census list.

Minors residence, where.

14. An unmarried person under twenty-one can claim
residence where the parents reside, whether absent from
home at school or at work.

15. An emancipated minor has a right to declare his
residence, and is entitled to all the school privileges of the
district of which he is a ~bona fide resident.

16. Deaf mutes and blind persons between the ages of
six and twenty-one should be included in the school census.

Renter's residence, where.

17. If renters renting by the year, and having no other
home, send children to school, the district in which they are
residing in a rented house should enroll the children.

18. If renters rent by the month, leaving when school
is out, and having a fixed home elsewhere, the children
should be enrolled in the district where the fixed home is
located; but if they have no home elsewhere, although leav-
ing when school is out, the children should be enrolled in
the district where they rent.

Retain residence, how.

19. A person may retain his residence in a district if,
at the time of leaving the district, it was his intention to
return.

98. Apportionment of county school fund. The

county superintendent shall apportion the general
school fund of the county among the several school
districts in accordance with the provisions of sec-
tions seventy-two and seventy-three of this chapter,
quarterly, to-wit : On the first Monday in January,
April, July and October, in each year, and he may

116

COUNTY SUPERINTENDENT § 99

apportion the same at other times if there be suffi-
cient money in the treasury to require it. He shall
certify each apportionment promptly to the county
treasurer, and shall also notify the secretary of each
district of the amount placed to the credit of
his district. — R. s. 5888

Note. Sections 72 and 73 above referred to are sections 99
and 100 herein.

Counties own general fund until when,
a. The co-unties, and not the school districts, are owners
of the general school fund until, at least, it is accredited to
the several districts. — Cooke v. School Dist., 12 C. 453

Transfer of funds.

1. If territory is added to a district after the annual
census has been taken, the names of persons of school age
residing therein should be added to the census list and the
district given its per capita for such additional names.

Basis of apportionment.

2. According to the school law the county superin-
tendent apportions the general fund among the districts
according to the number of persons of school age, as shown
by the census lists and reports of the districts for the school
year immediately preceding, and what the per capita will
be depends upon the amount of funds in the treasury and
the number of children within yonr county.

99. Apportionment of school fund — basis. In
apportioning the general fund, as directed in section
nineteen of this chapter, the county superintendent
shall base the July apportionment, in each year, on
the census lists and reports of the secretaries of the
several districts for the school year next preceding,
and he shall base all apportionments on said lists
and reports for a period of one year, except in
the case of the apportionment to new districts, as
provided in section thirty-two of this chapter.
— R. 8. 5889

Note. Sections 19 and 32 above referred to are sections 98
and 140 herein.

117

§ 100 COUNTY SUPERINTENDENT

For new district.

1. In regard to the distribution of funds upon the crea-
tion of a new district, a ruling or decision of the county
superintendent should be taken thereon, and if interested
parties are not satisfied an appeal can be taken, as provided
in the school law.

100. Apportionment according to number of
school age. The county superintendent shall appor-
tion the funds aforesaid among the districts entitled
to the same, according to the number of persons of
school age, as shown by the census lists and reports
of the several districts for the school year imme-
diately preceding, as provided in section sev-
enty-two.— R- 8. 5890

Note. Section 72 above referred to is section 99 herein.
Apportionment in case of removal.

1. The laws do not permit the transfer of the per capita
in case of pupils being listed in one district and immediately
moving to an adjoining district.

118

COUNTY TREASURER

101. Duties of county treasurer. It is hereby
made the duty of the county treasurer in each
county, to keep a separate account with each school
district in his county, to place to the credit of each
the amount of money as certified to by the county
superintendent, as provided in section nineteen, and
to pay over the money so collected, upon the presen-
tation of the legally-drawn warrants or orders of
the district officers entitled to draw the same; Pro-
vided, That if the county superintendent shall notify
the county treasurer, in writing, that there has
been a failure on the part of any board of directors
to comply with the law, and that said money should
be withheld from said board of directors, he shall
retain the same until further notice from the county
superintendent; on or before the 5th day of July
in each year, he shall render, to the county super-
intendent of schools, a statement of the receipts and
disbursements on account of the several districts,
of all the school funds which have passed through
his hands during the school year next preceding,
and at the same time he shall render to each district
secretary a statement of receipts and disbursements
of such district. All money which shall become for-
feited by any district shall be put into the general
school fund, and be re-apportioned as other moneys.
— R. 8. 5900

Note. Fees for collecting taxes, section 109 herein.

Note. Report fines collected, section 151 herein.

Note. Section 19 above referred to is section 98 herein.

119

§ 101 COUNTY TREASURER

Counties own general fund until when.
a. The counties, and not the school districts, are
owners of the general school fund until at least it is ac-
credited to the several districts— Cooke v. School District,
12 C. 453

Legal custodian of school funds.

1. The county treasurer is the only legal custodian of
the school funds. The district treasurer has no legal right to
hold in his possession any of the general, special or bond
fund, nor have the directors of a school district any legal
right to issue orders on the county treasurer, except in
favor of those parties to whom the district is legally in-
debted. In the payment of school bonds, the district treas-
urer has control of the funds only during the times of
advertising and subsequent payment.

2. Funds of first class districts must remain in the
hands of the county treasurer and be drawn upon through
warrants made out by the district board, as in districts of
the third class. The law makes no provisions for the hand-
ling of the funds.

Keep account school funds.

3. The law does not require the county treasurer to
keep several accounts of the special fund of a district.

4. A county treasurer can legally pay only such war-
rants as are issued against the school fund of the current
year.

5. All moneys remaining to the credit of any district
on June 30 should remain to the credit of such district and
can not be turned into the general school fund of the
county for reapportionment.

Penalties — fines.

6. As a rule the money for schools derived from fines,
penalties, etc., should be turned into the general school fund
of the county unless otherwise expressly provided by stat-
ute, rather than into that of a particular district; although
fines assessed by justices of the peace may, in some cases,
go to the credit of the school district in which the action
occurred.

7. The county treasurer is responsible if moneys are
turned into the wrong fund by him. It is his duty to place
money collected from fines, forfeitures, etc?, to the fund
designated by law.

120

COUNTY TREASURER §§102-103

102. County treasurer certify moneys to county
superintendent — pay over — failure — penalty. The

county treasurer shall, on or before the first day of
January, April, July and October, of each year, cer-
tify the amount of said tax which shall have been
collected, and the amount of any other county
school money, then in the county treasury, to the
county superintendent, and shall render him a state-
ment of the amount uncollected. The amount un-
paid shall be collected at any subsequent time, as
delinquent taxes, are collected, and shall be cer-
tified to the county superintendent, as aforesaid.
Should the treasurer fail at any time to pay over
the tax, as herein provided, he shall forfeit the sum
of one hundred dollars, and double damages, to be
collected on his official bond; suit to be brought by
the county superintendent, for the benefit of his
county [school fund]. — R. 8. 5899

Note. County treasurer pay school warrants or orders, sec-
tions 100, 101, 103.

103. Treasurer keeps separate accounts — war-
rants. It shall be the duty of the county treasurer
to open and keep separate accounts with each
school district in his county, and hold the funds of
each district, subject to the legal warrants of the
president, as provided by section 53 of this chap-
ter. If the legal warrant of any school district in
his county be presented to the county treasurer
when there are no funds in his hands to the credit
of the district fund against which the warrant is
drawn, he shall endorse such warrant "No funds,"
and said warrant shall draw interest from the date
of such endorsement at the same rate as county
warrants in like condition. The treasurer shall keep

121

§ 103 COUNTY TREASURER

a list of all warrants so endorsed, and shall pay
them whenever there is sufficient money to the credit
of the proper fund in the order of such endorsement.
The interest on such warrants shall stop when the
treasurer shall give notice that he has funds to pay
the same; Provided, It shall not be lawful for the
officers of any district to issue warrants at any time
in an amount in excess of the tax levy for the cur-
rent year.— R. s. 5901

Note. Duties of county treasurer, in matters of school
funds, section 101.

Note. See following section as to time^of payment.
Note. Section 53 above referred to is section 114 herein.

Legal notice.

1. A legal notice, under this section, is a publication
for twenty days in some newspaper, published at the county
seat of such county.

Warrants.

2. The total amount of school warrants issued must
not exceed the amount of tax levy for the current year. The
"current year" is identical with the fiscal year, beginning
December 1st and ending November 30th. Warrants in
excess of revenue for current year are void.

3. "It shall not be lawful for the officers of the district
to issue warrants at any time in any amount in excess of
the tax levy for the current year."

4. The words "tax levy" must be construed to mean
"the revenue of the district," including the county fund, the
state fund and the fees derived from fines and penalties.

5. If a school district, on account of some unforeseen
casualty or expense, or for som« unexpected failure of rev-
enue, should incur an expense in excess of the revenue, it
would be its duty to levy a sufficient amount of tax the
following year to pay such indebtedness, in addition to its
expenses for said year.

6. "No warrants can be issued in excess of the revenue,
but a certificate of indebtedness should be issued, payable
out of the revenues of the succeeding year, and it would
be the duty of the board during the succeeding year to
draw a warrant for its payment."

122

COUNTY TREASURER §§ 104-105

7. When school district warrants are sold at a bank
or elsewhere and a discount is charged, the holder of the
warrant must hear the loss. It is not legal for the school
board to make up the discount.

8. In regard to the method of raising money to build
a school building, the law prohibits the issuing of warrants
in excess of the revenues of the district for the current
year; therefore an arrangement for issuing warrants pay-
able in one, two and three years, the qualified voters to vote
a levy to be collected In one, two and three years to pay
the warrants, would not be legal. The voters have no
authority to vote a levy except for the current year.

9. A teacher having agreed upon a stipulated salary,
can receive the same only by warrants drawn by the district
secretary and must take them for what they are worth.
It would not be proper for the board to make up any dis-
count thereon by an additional warrant. The board might
however increase the salary at a regular meeting so as to
cover such deficiency.

10. A county treasurer can legally pay only such
warrants as are issued against the school fund of the
current year.

104. County treasurer cancel all paid school or-
ders. That it shall be the duty of county treasur-
urers to cancel all paid school orders, with a proper
cancelling stamp, showing the date of payment.
—R. S. 5902

School orders cancelled when paid.

1. Sections 108 and 118 herein provide that school
orders, when paid by the county treasurer, shall be stamped
as cancelled and returned to the school district treasurer,
who shall send with the same the proper blank upon which
due receipt may be made.

105. County treasurer render quarterly state-
ment to school board. That it shall be the duty of
county treasurers to render to the secretary of each
board of school directors, quarterly, an itemized
statement of account of their respective district,
showing :

123

§§ 106-107-108 COUNTY TREASURER

(a) The numbers and amounts of all orders
paid and charged against the accounts of the re-
spective districts;

(b) The amounts of money received and cred-
ited to the accounts of the respective districts ;

(c) The balance due said district at the end of
each quarter.— R. s. 5903

106. Pay school orders as registered, It shall
be the duty of the county treasurer of each county
in this state, when there are sufficient funds to the
credit of any school district, or to the credit of any
school fund of any such district, to pay in full the
principal and interest of any orders which may be
on such fund, in the order of their registration, and
if at any time there shall, be $200 in the hands of
such treasurer, to the credit of any such fund, it
shall be, his duty to cause to be published in some
newspaper published at the county seat of such
county, for twenty days, a notice that -certain school
orders (describing same by numbers and amounts)
will be paid upon presentation, #nd at the expira-
tion of said twenty days' advertisement such orders
shall cease to bear interest. — R. 8. 1326

107. County treasurer furnish blanks to district
board. That the said county treasurers shall enclose
with each quarterly statement, a proper blank upon
which the secretary of each respective board of di-
rectors may report to their county treasurer that
said canceled orders and statements have been re-
ceived and found correct. — R. s. 5904

108. Failure to publish call — penalty. When-
ever the treasurer of the state of any county, city,
town or school district shall have. in his hands any

124

COUNTY TREASURER § 109

moneys applicable to the payment of any state, city,
town, county or school district warrant, and shall
fail or neglect for thirty days to publish a call as
provided by law for the presentation and payment
of warrants, he shall be deemed guilty of a misde-
meanor and, upon conviction, shall be liable to a fine
not less than ten nor more than three hundred
dollars.— R. S. 1826

109. Treasurer's fees — school taxes. The county
treasurer shall chaise and receive the following fees
and commissions : ******

Upon all school taxes in counties of the first
class, one per cent. ; in counties of the second class,
one per cent.; in counties of every other class, one
per cent, on school taxes, and two per cent, on
town and city taxes. * * * —R. S. 2537

125

DIRECTORS

110. Directors — classification of districts — elec-
tion. There shall be elected in each school district
in the manner prescribed by statute a board of di-
rectors. The number of members that shall consti-
tute such board of directors shall be determined
as follows : The school districts shall be classified
into first, second and third classes. Districts con-
taining a school population of one thousand or more
shall be denominated districts of the first class ; dis-
tricts containing a school population of less than one
thousand and more than three hundred and fifty
shall be denominated districts of the second class ;
and districts containing a school population of three
hundred and fifty or less shall be denominated dis-
tricts of the third class.

At the regular election in 1913, as provided by
statute, and every six years thereafter, there shall
be elected by ballot in all districts of the first class,
two directors ; and at the regular election in 1915,
and every six years thereafter, two directors ; at the
regular election in 1917 and every six years there-
after, one director. The term of office of all direct-
ors in said school districts of the first class shall be
six years and until their respective successors shall
have been elected and qualified.

Boards of directors and boards of education of
districts of the first class shall, at the first meeting
after such election, elect a president, a secretary
and a treasurer, each of whom shall hold office for
the term of two years, and until their respective

DIRECTORS § 110

successors ;iiv elected and qualified; Provided, That
in districts of the first class the president shall be
a member of the board. The secretary and treas-
urer may or may not be members of the board.

In districts of the second and third classes the
board shall consist of three directors, a presi-
dent, a secretary, and a treasurer, one of whom shall
be elected annually for a term of three years on
the first Monday in May, and notice for such elec-
tion when posted shall specify the name of the of-
fice to be filled and the length of term; Provided,
That, at all school elections held after the passage
of this act, the length of term shall be so specified
that the term of the president shall expire in 1914
and every three years thereafter; that of the
treasurer shall expire in 1915 and every three years
thereafter; and that of the secretary shall expire
in 1916 and every three years" thereafter.

In districts of the first class and second class
the boards, after organization, shall exercise all the
power given to the electors of school districts of
the third class as specified in section 5955 of the
Revised Statutes of the State of Colorado of 1908.

—S. L. '11, p. 587

Note. Section 5955 above referred to is section 148 herein.

Note. "No person except a qualified elector shall be elected
to any civil or military office in the state." — Colo. Const., Art.
VII, §6.

First class districts — directors — when elected.

Note. Section 142 herein provides that the regular election
for electing members of school boards in first class districts shall
be held biennially on the first Monday in May, 1911, and section
110 provides that at the regular election in 1913, and every six
years thereafter, there shall be elected two directors; in 1915,
and every six years thereafter, two directors; in 1917, and every
six years thereafter, one director; and that the terms of office
of all directors of first class districts shall be six years. This

I lio DIRECTORS

means that the vacancy occurring by the expiration of the
present five-year-term director, expiring in 1912, must be filled
by the board until the regular election of 1913, at which time
another five-year term will have expired. Two directors can
then be elected for six -years, in accordance with present law.
In 1914 another five-year term expires, to be filled by the board
until the regular election of 1915, when another expires, and two
members can be elected for six years. In 1916 the last five-year
term expires, and the vacancy must be filled until the regular
election of 1917, when the fifth member of the board is elected
for six years.

Directors — second and third class districts — election.
Note. Prior to the enactment of section 110 herein second
and third class districts were grouped under three general heads,
on account of the fact that like officers were elected in different
years. This classification will no longer exist after 1913, as the
present law provides that the term of the president in all second
and third class districts shall expire in 1914; that of the treas-
urer in 1915, and that of secretary in 1916. Until the election of
1914, however, the various officers should be elected in the dif-
ferent groups at the general school election in the years and for
the periods of time, as follows:

In the first group, organized prior to March 20, 1877, in 1912,
a president for two years; if a vacancy in office of treasurer, a
treasurer for three years; if a vacancy in office of secretary, a
secretary for one year. In 1913, a treasurer for two years; if a
vacancy in office of president, a president for one year; if a
vacancy in office of secretary, a secretary for three years.

In the second group, organized between March 20, 1877, and
April 4, 1887, in 1912, a secretary for one year; if a vacancy
exists in office of president, a president for two years; if a
vacancy in office of treasurer, a treasurer for three years: In
1913, a president for one year; if a vacancy in office of treasurer,
a treasurer for two years; if a vacancy in office of secretary, a
secretary for three years.

In the third group, organized since April 4, 1887, in 1912, a
treasurer for three years; if a vacancy in office of secretary, a
secretary for one year; if a vacancy in office of president, a pres-
ident for two years: In 1913, a secretary for three years; if a
vacancy exists in office of president, a president for one year;
if a vacancy in office of treasurer, a treasurer for two years.

In new districts a board elected at other than a general
election holds .over until the regular election, at which time a
president shall be elected whose term expires in 1914, a treas-
urer whose term expires in 1915. If such regular election is in
1912, a secretary for one year only; but if such election is in

128

DIRECTORS § no

1913 or later, a secretary should be elected whose term expires
in 1916, or every three years thereafter.

Mandamus against school district.

a. In an action of mandamus against a school district
and the individual directors to compel them to admit pe-
titioner to the office of director, to which he claims to have
been elected, the school district has no interest in the con-
troversy and is not injured by the judgment in petitioner's
favor. — School District v. Flanigan, 28 C. 431.
Director — who may become.

1. The length of residence required in Colorado to
constitute eligibility to the office of school director is twelve
months.

2. The fact that an elector is not a taxpayer does not
disqualify him from holding office, either by election or by
appointment.

3. The fact that two members of a school board are
of one family, and the further fact that another member
became a resident of the district for the sole purpose of
becoming an officer, so long as he is an actual resident,
would not affect the regularity of the organization of the
board.

4. There is nothing in the laws of Colorado to prevent
a person who fills the office of district judge from also
filling that of school director, the two offices belonging to
an entirely different class.

5. The mayor of a town may also legally hold the
office of school director, inasmuch as the duties of mayor
and school director do not conflict.

C. The county superintendent cannot serve as a mem-
ber of a school board; for the general rule of law is that
one person cannot hold two offices that are incompatible.
No vice-president authorized.

7. There is no provision of law authorizing the elec
tion of a vice-president in any class district.

Witness fees not allowed.

8. School directors are not legally entitled to witness
fees in a case where the district is a party.

Secretary and treasurer — offices distinct.

9. The law makes distinct specifications in regard to
the separate offices of secretary and treasurer in a first
class district, making those offices as distinct as in third
class district, where different persons must be elected as
to the two offices. The business of the district could not

129

§ HI DIRECTORS

be legally transacted with one person acting in the two
capacities.

Ill, Directors qualify within twenty days— va-
cancies—treasurer's bond and report— oath of office.
The directors shall each, within twenty days after
his or her election, appear before some officer
authorized to administer oaths, and take oath that
he or she will faithfully perform the duties of his
or her office required by law, which oath shall be
filed with the county superintendent; and, in case
of failure so, to qualify, his or her office shall be
deemed vacant, and the county superintendent shall
appoint a suitable person, who shall qualify imme-
diately. If the amount of money liable to come
into the hands of the treasurer, in the discharge of
his official duties, exceed twenty dollars at any
one time, he shall be required to give bond in double
the amount of money liable to come into his hands,
said bond to be approved by, and filed with, the
county superintendent. The directors-elect shall
take office immediately after qualifying, as afore-
said; Provided, That any district treasurer, who
shall refuse to give bond as above, when required
to do so by the other members of the board, shall
be disqualified from receiving any money on district
account until a satisfactory bond is executed. The
oath of office required in this section may be ad-
ministered by a president of a school board; and
it is hereby made the duty of the district treasurer
of all first class districts to publish, semi-annually,
in some newspaper published within the county
wherein such district may be located, a complete
and full report of all receipts and expenditures of
the said district's funds.— R. 8. 5922

130

DIRECTORS § 111

Oath of directors.

1. All school directors are required by law to file an
oath of office with the county superintendent. This applies
to all districts in Colorado, including those organized in
cities existing under a special charter.

2. The term of office of a school director does not
extend until his successor is duly elected and qualified, but
expires with the annual school election day at the close of
the term for which he was elected or appointed.

3. Failure of a school director to file oath within the
time required by law does not create a vacancy in the office ;
Provided, he has taken the required oath before the proper
officer within the required time.

4. The secretary of a school district of the second or
third class cannot administer the oath of office to the presi-
dent. The oath may be administered by the president of
any school board, or by the county superintendent and, of
course, by any person such as notary public, justice of the
peace, etc., qualified by law to administer oaths.

5. It is lawful for a president of one school district to
administer the oath of office to the board of another school
district.

Directors qualify in twenty days.

6. The law provides that the directors shall qualify
within twenty days after their election, and as there
is no provision that directors who are elected to succeed
themselves shall not file a new oath of office, such oath
should be filed.

7. A person elected to the office of director of a school
district cannot legally qualify after the expiration of twenty
days from election. By operation of the law, in case of
failure of the director-elect to qualify within twenty days,
the office becomes vacant, and the county superintendent
should fill the vacancy.

Vacancies — how filled.

8. Vacancies in the board of directors in districts of
the second or third class, through failure to qualify, or
through absence from the district, death, resignation, re-
moval or otherwise, are to be filled by appointment of the
county superintendent, until the ensuing regular election, at
which time the vacancies shall be filled for the unexpired
terms, not for regular full terms.

9. To fill a vacancy on the school board in a joint dis-
trict, the county superintendents of such district should

131

§§112-113 DIRECTORS

confer, since their duties are joint and equal in such dis-
trict, and appoint as a member of the board some one living
in the district who would prove satisfactory to both
counties.

Bond of directors.

10. A county superintendent is the proper person to
approve of the official bond of a school director, and if a
person elected to that office cannot give a satisfactory bond,
it works a vacancy in the board after twenty days from his
election.

11. A county superintendent has authority to require a
district treasurer to give bond in double the amount of
money liable to come into his hands, if such amount ex-
ceeds twenty dollars.

Directors must reside in district.

12. The law requires that a person who desires to be
a candidate for a school director must reside in the district,
and it necessarily follows that in order to remain such
director, after election he must continue to reside therein,
and when he permanently removes from the district he
ceases at that instant to be a director.

112. Regular meetings of board — special — ad-
journed. The regular meeting of each board shall
be held on the last Saturday of March, June, Sep-
tember and December. The board may, however,
hold such other regular, special or adjourned meet-
ings as they may from time to time determine, or
as may be specified in their by-laws.— #. 8. 5923

Meeting place — notice of meeting.

1. If the 'School board chose to revoke its rules con-
cerning the place where a school meeting must be held, it
would have a right to do so.

2. A meeting of a school board cannot be properly held
unless reasonable notice has been given to all members.

SPECIAL DISTRICT MEETINGS.

113. Special meetings in districts of third class.
In any district of the third class, the board of di-
rectors may at any time call a special meeting of

132

DIRECTORS §113

the electors of such district, for any of the purposes
specified in section sixty-two of this act, and it shall
be their duty to call such meeting if petitioned so
to do by ten legal voters of the district. Notices,
specifying the time, place and object of such meet-
ing, shall be posted in three public places, one of
which shall be at the place of meeting, at least
twenty days prior to the time of holding such
meeting.— #. s. 5954

Note. Classes of districts — election of directors, section 110.

Note. Section 62 above referred to is section 148 herein.

Purpose of meeting.

1. The above section provides relief for electors in
case the board fails to make .necessary provision for the
school.

2. The question of whether two or more contiguous
school districts shall unite may be voted on at the annual
school meeting in May, provided the necessary notice for a
special be given — that is, notices stating the purpose of the
meeting must be posted at least twenty days before such
annual meeting: and the notices for the annual meeting
will be sufficient if, in addition to the notice of the election,
a statement that the question of uniting with such con-
tiguous district or districts will be voted upon.

3. It is illegal to transact any business at a special
meeting, except that for which such meeting was called.

4. The location of a school house is for no definite
time. A vote may be taken on the question of moving the
school house as often as a meeting for the purpose can be
legally called.

5. It is illegal for two members of the board to trans-
act business that has not been decided upon at a regular
or special meeting of the board. If the specifications in
regard to the digging of the well were definitely stated at
a regular or special meeting, it would be necessary to call
another meeting of the board to change those specifications.

6. If a special school meeting has been legally called
in a school district for the purpose of voting upon any
question or questions mentioned in said notice, a majority
vote of those present decides the matter submitted.

133

§114 DIRECTORS

Notice of special meetings.

7. The law provides that notices specifying the time,
place and object of special meeting shall be posted in three
public places, one of which shall be at the place of meeting,
at least twenty days prior to the time of holding such
meeting. This does not apply however to special elections
for election of directors, the latter being governed by section
110 herein.

8. A notice calling a special meeting is legal, even
though the date of the notice has been omitted, if the
notice has been posted the required number of days.

9. More than one question can be voted upon at a
special meeting of the electors of a third class school dis-
trict; Provided, Each question is separately stated in the
notice of such meeting.

Who may call.

10. At a regular meeting of a school board, two mem-
bers of said board, constituting a quorum, can legally call
a special meeting.

Valid though not reported to county superintendent.

11. In the case of a special meeting legally held the
business there transacted would not be invalidated through
the failure of the secretary to send a formal report to the
county superintendent ,of the business thus transacted,
although it is the duty of the secretary to send such a
report.

Taxes — when illegal.

12. In the call or notice of special or annual school
meeting it is illegal to specify the amount of a proposed
levy and to require electors to vote for or against the levy
thus proposed, wUhout discussion or amendment.

114. President sign orders — appear in suits-
absence — vacancies, The president, when present,
shall preside at all meetings of the board and of the
district; shall sign all orders on the county treas-
urer for the payment of money; Provided, That no
orders shall be drawn upon the county treasurer
except in favor of parties to whom the district has
become lawfully indebted. He shall appear in be-
half of his district in all suits brought by or against

134

DIRECTORS § 114

the same, but when he is individually interested,
this duty shall be performed by the secretary, and
in the absence of the president the secretary shall
preside at board and district meetings. Absence
from the district of any school officer, when pro-
longed beyond thirty consecutive days, may be held
to work a vacancy in said office, which may be filled
according to law.— R. s. 5934

Secretary execute appeal bond.

a. The provision that the president of a school board
shall appear in behalf of the district in all suits, does not
prevent a secretary from executing an appeal bond, as a
district may designate other agents than the president. —
School Dist. v. Erskin, 1 C. 367

Auditing of bills against district.

1. The auditing of bills against a school district must
be performed by the board of directors at a meeting thereof,
and vouchers or warrants issued for the payment of such
bills are legal only when issued by a vote of a majority of
the board at such meeting and signed by the president.

District warrants.

2. When school district warrants are sold at a bank
or elsewhere and a discount is charged, the holder of the
warrant must bear the loss.

3. A teacher, Having accepted a stipulated salary, can
receive that salary only by warrants drawn by the district
secretary, and takes them at their face value. It would not
be proper for the board to simply supplement, by an addi-
tional warrant, the shrinkage of irregular warrants on
account of the discount in the market. The deficit may be
made good by the board, at a regular meeting, voting to
advance the salary so as to cover the shrinkage in value
of the depreciated warrants.

4. A warrant sent to, and receiving the signature of,
a director while absent from the state is legal.

Suits against district.

5. If a suit is brought against a district, it is the duty
of the directors to defend it and to employ an attorney if
necessary, who may be paid from the district's funds; but
if the suit is against the board of directors, or any of them,

135

§ 115 DIRECTORS

for failure to comply with the law, any cost for defense
must not be charged against the district.

Vacancies.

6. Vacancies in the board of directors in districts of
the second or third class, through failure to qualify, or
through absence from the district, death, resignation, re-
moval or otherwise, are to be filled by appointment of the
county superintendent until the ensuing regular election,
at which time the vacancies shall be filled for the unexpired
terms, not for regular full terms.

7. Absence from the district of any schopj officer when
prolonged beyond thirty consecutive days may be held to
work a vacancy in said office and gives the county super-
intendent a right to appoint some one else in his place.
The fact that his absence was unavoidable and that his
family remain in the district does not change the condition.

8. If a director is absent from a district for thirty
days, no matter whether he still retains his residence in the
district and expects to return to the district, the county
superintendent should appoint a person to fill his place,
if he considers that the educational interests of the district
suffer through the absence of the original director.

9. When a school director of a third class district re-
moves his family from the district, going with them him-
self, but retaining his postoffice address in the district and
coming into said district once in thirty days only, he ceases
to be a bona fide resident of such district and his office
•becomes vacant.

10. If the director has permanently removed from the
district, and the county superintendent refuses to declare a
vacancy, or appoint a successor, such action by the board
or county superintendent could be appealed to the state
board of education as in other cases.

115. Duties of secretary — bond. Before enter-
ing upon the duties of his office, the secretary shall
execute a bond, with two securities, in the penal
sum of five hundred dollars in districts of the first
and second classes, and the penal sum of one hun-
dred dollars in districts of the third class, condi-
tioned upon the faithful discharge of his official du-
ties and the delivery of all district property per-
taining to his office over to his successor, within

136

DIRECTORS § 115

ten days after a demand is made for the same by
a qualified successor, said bond to be approved by
and filed with the county superintendent. The sec-
retary shall record all proceedings of the board
and of district meetings in a book, or books, kept
for that purpose ; shall preserve copies of all reports
made to the state or county superintendent; shall
file alt papers transmitted to him by other school
officers pertaining to the business of the district;
shall draw and countersign all warrants or orders
issued by the board; shall keep a register or stub
of all orders drawn, showing the number of the or-
der, date, amount, in whose favor and for what pur-
pose drawn. Immediately after the election of one
or more directors according to law, he shall trans-
mit to the county superintendent a statement giv-
ing the name and post office address of the presi-
dent, secretary and treasurer, respectively, of the
boards of directors. Between the tenth day of Feb-
ruary and the first day of March, in each year, the
secretary, or some person, authorized by him, shall
take a census of all persons over six years and un-
der twenty-one years of age who were bona fide
residents of the district on the tenth day of Feb-
ruary aforesaid. The names so listed shall be ar-
ranged alphabetically, and be so classified as to dis-
tinguish between male and female. The census list
shall be sworn to as correct by the person taking
the same, and, if such person be other than the sec-
retary, shall be certified by the secretary, and shall
•be forwarded to the county superintendent on or be-
fore the first day of April of the current school
year. In districts of first and second classes a copy

137

§ 115 DIRECTORS

shall be delivered to the principal teacher, or super-
intendent of the district, and in all cases a copy
shall be retained in the office of the secretary.
— 8. L. '11, p. 577

Census showing one thousand — directors — election — appointment.
Note. That portion of section 129 of the School Laws Anno-
tated included in brackets has been amended by implication
by sections 110 and 142 herein, so that, in case the census of
1912 should show a thousand or more children of school age in a
second class district, it would be the duty of the two hold-over
members on the first Monday in May to appoint three members
of the board to serve until the regular election of 1913, at which
time two members shall be elected for six years, one member for,
four years and one member for two years. In case the census
showed such number of children in 1913, then two members shall
be elected for six years and one for four years. If such showing
were made in • 1914, then three members should be appointed
until the regular election of 1915; and then and thereafter the
same procedure as above should be followed, and all vacancies
occurring in even years should be filled only until the next regu-
lar biennial election, and then elected in numbers and for
periods of time to correspond with the provisions of section 110
herein.

Duties of secretary.

1. The secretary is the proper custodian of the books,
papers and documents of a district school board, and is the
one authorized to draw all warrants issued by the board,
these to be countersigned by the president and treasurer.

2. It is not the duty of the secretary of the board to
draw a warrant unless the order for such warrant appears
upon the written records of the board.

3. If a secretary of a school board should falsify his
records, he would violate his bond.

Census list.

4. The census list may be sworn to before any officer
authorized to administer oaths.

5. The names of all persons of school age must be
included in the census. The law makes no exception in
regard to married persons.

6. Regarding the census list sworn to be correct by the
secretary of the school board, there is no alternative but
to accept the same unless the matter is taken into court
and a false affidavit was proved.

138

DIRECTORS § 115

Residence in district — how determined.

I. The fact that the head of a family pays a tax in a
certain school district does not of itself give his children
the privileges of the school in that district.

8. Children may attend school free of charge only in
the district in which their parents or guardians are bona
fide residents.

9. If the home of a family is certified to be in a dis-
trict, and if the children have been listed upon the school
census of that district, the children would have the right
to attend the school without tuition, even if the family
spends a large part of the year elsewhere. In the case of
pupils attending before the family moves into the district
for the winter, the same rule would apply.

10. If the home of a family is certified to be in a dis-
trict, and if the children have been listed upon the scnool
census of that district, the children would not have the
right to attend in another district, without paying tuition.

II. An emancipated minor has a right to declare his
residence, and is entitled to all the school privileges of the
district of which he is, bona fide, a resident.

12. In the case of families living in one school district,
but sending children to school in another district, the
children must be listed in the district in which the parents
reside, and not in the district in which they attend school.

13. Where a family resides regularly a part of the year
in one district and a part of the year in another, the resi-
dence for school purposes should be the one held in good
faith on the 10th day of February.

14. That place shall be considered and held to be the
residence of a person in which his habitation is fixed, and to
which, whenever he is absent, he has the intention of re-
turning.

15. A person shall not be considered or held to have
lost his residence who shall leave his home and go into
another state or territory or county of this state for tempo-
rary purposes merely, with the intention of returning.

1G. A non-resident of a school district is one whose
permanent dwelling place is not within the boundaries of
that district.

17. The residence of a minor is the residence of his
parents or guardian.

18. If a family move into a school district for school
purposes and during the school year remove therefrom, they
are not residents of such district, within the meaning of
the school law.

139

§ 115 DIRECTORS

19. A person may retain his residence in a district, if,
at the time of leaving the district, it was his intention to
return.

20. The word "residing," as used in the school law,
has reference to a permanent residence.

21. An unmarried person under twenty-one can claim
residence where the parents reside, whether absent from
home, at school or at work.

22. Every unmarried person under twenty-one is en-
titled to draw school money.

23. The fact that a person pays taxes in two counties
does not give him the right to send children to school in
both counties in which the taxes are paid: as a person's
residence can only be in one place, and the permanent home
determines the proper district.

24. Residence under the school law means a person's
real home, not a temporary abiding place; and when people
move into a town with children at the beginning of school,
expecting to return to their former home at the close, they
cannot claim residence, and the school board has a right to
charge tuition.

25. A child who is living with a lona fide resident of
a district and dependent upon such resident for a living is
entitled to attend school in such district free, though the
parents of such child are living in another district.

26. If parents own no home in a particular district, but
rent while the children go to school there, and return to a
ranch which they own in another district as soon as school
is out, the district in which the ranch is located should
enroll the children upon the census list.

27. If renters renting by the year and having no other
home send children to school, the district in which they
are residing in a rented house should enroll the children.

28. If renters rent by the month, leaving when school
is out, and having a fixed home elsewhere, the children
should be enrolled in the district where the fixed home is
located; but if they have no home elsewhere, although leav-
ing when school is out, the children should be enrolled in
the district where they rent.

29. If the mother votes in a certain district, living
there with the children, that would be her residence and
the children should be enrolled in such district.

30. A person of school age cannot be enrolled in the
school census of a district in which he does, not reside,
though his father is employed and boards in said district
and claims his residence therein, when it appears that such

140

DIRECTORS § 115

person of school age has never actually been in said district
and when he actually lives in a foreign country or state or
when he is properly enrolled in any other school district
in this state.

31. It would not be legal to enroll the persons of school
age belonging to the state industrial school in Jefferson
county upon the census lists of the school district or dis-
tricts where the school is located, providing such persons
have a residence elsewhere. The names of such persons
would appear upon the census lists and would draw from
the general school fund for the benefit of the districts in
which is their true residence, and the state makes its own
special provision for the education of such persons. in the
industrial schools.

32. If the married woman referred to owns a home in
the district, pays taxes on the same, and makes her home
there during the greater portion of the year and has her
children on the census list, she is entitled to send her
children to the school in that district without paying
tuition, although her husband may live on a farm in another
district.

33. Indian children of school age, living within the
boundaries of a school district, should be included in the
census list, but Indian children attending the Indian school
should not be included in the district in which the Indian
school is located, but in the districts in which their parents
live.

Census of deaj and 'blind.

34. Deaf mutes and blind persons between the ages of
six and twenty-one should be included in the school census.

Annexed territory — census.

35. If territory is added to a district after the annual
census of that district has been taken, the names of per-
sons of school age residing in the annexed territory should
be added to the census list of the enlarged district and the
latter given its per capita for the total number.

Apportionment of school fund l)ased on census.

36. The apportionment of the general school fund for
the year beginning July 1st annually is based on the census
list prepared, taken between the 10th day of February and
1st of April preceding, and there is no exception to this
rule, except in case of formation of new districts; nor is
there any provision whereby this fund can be transferred

141

§ 116 DIRECTORS

from one district to another after said census has been
taken.

116. Further duties of secretary — report. The

secretary shall keep an accurate account of the ex-
penses incurred by the district, and shall present
the same to the board whenever called upon. He
shall give the required notice of all regular and
special meetings, as herein authorized. On or before
the first day of August of each year he shall make
out and file in the office of the county superintend-
ent, a report of the affairs of his district. Said re-
port shall be made upon blanks prepared by the
superintendent of public instruction containing such
items of information as the said superintendent
shall require, including the following, viz. :

First — The number of persons, male and female,
each, in his district, between the ages of six and
twenty-one years.

Second — The number of schools and the branches
taught in each.

Third — The number of pupils in each school.

Fourth — The number of teachers employed, in
each school, and the compensation of each per
month.

Fifth — The number of days the school was taught
during the year then past and by whom.

Sixth — The number of pupils enrolled during
the year; the average daily attendance.

Seventh — The average cost of school per month
f6r each pupil, based upon the total enrollment, and
also the average cost, based upon the average daily
attendance. In estimating these averages the sec-
retary shall take account of the teachers' wages; all
current expenses, and six per cent, interest upon a

142

DIRECTORS § 116

fair valuation of all property belonging to the dis-
trict.

Eighth — Text books used in each school.

Ninth — The number of volumes in the library
of each school.

Tenth — The aggregate amount paid teachers dur-
ing the year, and the average monthly pay of teach-
ers.

Eleventh — The number of public school houses,
and the estimated value of each.

Twelfth — The amount raised by tax in the dis-
trict during the year for school library.

Thirteenth — The amount raised by subscription
or by other means than by tax.

Fourteenth — The amount of special tax levied
for the support of schools and for building sites, and
furniture.

Fifteenth — The amount of money on hand at
the beginning of the year then past.

Sixteenth — The amount of money received from
all other sources than those herein specified.

Should the secretary fail to file his report, as
above directed, he shall forfeit the sum of one hun-
dred dollars, and shall make good all loss resulting
to the district from such failure. — R. 8. 5936

Secretary give notice.

1. A meeting of a school board cannot be properly held
unless reasonable notice has been given to all members.

2. The secretary of the board would have no authority
to post notices calling a meeting at any other than the
regular place of meeting without the consent of at least
one of the other members of the board.

Valid though not reported to county superintendent.

3. In the case of a special meeting legally held, the
business there transacted would not be invalidated through

143

§§117-118-119 DIRECTORS

the failure of the secretary to send a formal report to the
county superintendent of the business thus transacted,
although it is the duty of the secretary to send such a
report.

Special tax levy.

4. The special tax levy should be made previous to
sending in the annual report of the secretary of the district.
The levy can be certified to legally by -two members of the
board. *

Secretary violate bond.

5. If a secretary of a school board should falsify his
records, he would violate his bond.

117. Secretary exhibit quarterly report to
board. That it shall be the duty of each secretary
of the boards of school directors to exhibit said
quarterly report to the board at its first regular
meeting after the receipt of said report for the in-
spection of said board and that the board shall ex-
amine said quarterly report and canceled orders
and instruct the secretary to report the correctness,
or incorrectness, if any be found, upon the blank
furnished by the county treasurer. — R. s. 5905

Note. For report referred to, see section 106.

118. Secretary keep quarterly reports and can-
celed orders on file for six years. That it shall be
the duty of each secretary of the several boards of
school directors, and their successors, to. keep on file
for a term of six years, all quarterly reports and
canceled orders received from county treasurers,
and at the end of said period to cancel by fire, all
canceled orders, filing the quarterly reports for such
period for future reference. — R. S. 5906

119. Secretary render statement— books open
for inspection. The secretary shall render a state-
ment of the condition of the finances, as shown by
the books, at any time when required by the school

144

DIRECTORS § 120

board, and his books shall always be open for
inspection. —R. 8. 5937

Notice for special tax.

I. It would be legal for you to vote a special tax at an
annual meeting by giving the legal notice; Provided, That
such special tax, together with any other special taxes
levied for the given year, does not exceed the levy allowed
to a district of your class.

120. Failure of secretary to report — duty of su-
perintendent of public instruction. Whenever a dis-
trict secretary fails to file his annual report and
census list with the county superintendent, accord-
ing to law, thereby rendering it impossible for the
said superintendent to apportion to such district
any part of the general fund for the ensuing year, if
it can be shown to the satisfaction of the superin-
tendent of public instruction that such report and
census list were prepared and reasonable diligence
used to place the same in the hands of the county
superintendent, and that such report and census
list failed to reach said superintendent by reason
of some accident or extraordinary occurrence; and
if it be further shown that a public school was
maintained in such district for not less than the
minimum time required by the state constitution ;
and if it be also shown that duplicates of the miss-
ing papers have been placed in the hands of the
county superintendent, or in his office, then the su-
perintendent of public instruction shall direct the
county superintendent to apportion to such district
its per capita share of the general fund distributed
during the remainder of the year, as provided in
section seventy-two.— .R. 8. 5938

Note. Section 72 above referred to is section 99.
Note. Report of secretary, section 116.

145

§ 121 DIRECTORS

Failure to make annual report.

1. A school district having kept up its organization and
maintained a four months' school during the year, cannot
be annulled for simply failing to make the annual report as
this failure is chargeable to the secretary and if any
damage ensues to the district he should be held on his
bond.

121. Treasurer countersign warrants — render
accounts— failure— penalty. It shall be the duty of
the treasurer to countersign all warrants drawn by
the president and secretary on the county treasurer,
in favor of parties to whom the district has become
lawfully indebted, and to keep an account of the
same. He shall take charge of all moneys received
by him on account of the district from the county
treasurer^ as provided in sections ninety-one and
ninety-two of this act, and pay out the same as
therein provided. He shall render a statement of
the finances of the district, as shown by the records
of his office at the close of each school year, and
at any other time when required by the board.
For a failure to perform any of the duties of his
office when directed by the board, or for refusing
or neglecting to deliver to his legally qualified suc-
cessor all money, books, or other district property
in his possession or care, within ten days after the
same shall have been demanded by such successor,
he shall be liable on his bond, and shall make good
any loss resulting to the district from such failure
or neglect. —R. 8: 5940

Note. Sections 91 and 92 above referred to are sections 22
and 31.

Warrants — signing of.

1. The secretary is the one authorized to draw all war-
rants authorized by the board; and the president and treas-
urer should countersign the same.

146

DIRECTORS § 121

2. A warrant drawn for a lawful indebtedness against
the district is valid, although not countersigned by the
district treasurer; but a county treasurer who pays a war-
rant not countersigned by the district treasurer, does so
at his own risk, and if such warrant is not drawn for a law-
ful indebtedness, he is liable on his official bond.

3. It is the duty of each member of the board of
directors to sign all warrants drawn on the county treas-
urer in favor of parties to whom the district is lawfully
indebted; but if any director refuses so to do there is no
way to compel him except by mandamus proceedings in the
courts. If, however, the county superintendent be cognizant
of the fact and certifies that the warrant was drawn in
payment of a legal debt, the county treasurer would be
justified in paying such warrant although signed by only
two directors, one of whom must be the president.

4. In regard to the method of raising money to build
a school building, the law prohibits the issuing of warrants
in excess of the revenues of the .district for the current
year; therefore an arrangement for issuing warrants pay-
able in one, two and three years, the qualified voters to
vote a levy to be collected in one, two and three years to
pay the warrants, would not be legal. The voters have no
authority to vote a levy except for the current year. It
would, therefore, only be possible to raise the money by
voting bonds for the amount if the electors do not wish to
levy the whole tax in one year.

Warrants drawn for what purpose

5. Since no warrant is valid if drawn in favor of a
person to whom the district is not lawfully indebted, the
district has no authority to incur the debt for the payment
of which the warrant mentioned was drawn.

6. The only legal restrictions placed upon school
directors in the matter of issuing warrants are that they
must be issued to persons to whom the district is legally
indebted, and the total amount issued must not be in excess
of the special tax levied for the current year.

7. A county treasurer can legally pay only such war-
rants as are issued against the school fund of the current
year.

County treasurer custodian of school funds.

8. The county treasurer is the only legal custodian of
the school funds. The district treasurer has no legal right
to hold in his possession any of the general, special or bond

147

§§ 122-123 DIRECTORS

fund, nor have the directors of a school district any legal
right to issue orders on the county treasurer, except in
favor. of those parties to whom the district is legally in-
debted. In the payment of school bonds, the district treas-
urer has control of the funds only during the times of
advertising and subsequent payment.

9. Funds of first class districts must remain in the
hands of the county treasurer and be drawn upon through
warrants made out by the district board, as in districts of
the third class. The law makes no provision for the hand-
ling of the funds.

Legality of interest bearing warrants.
10. . The courts have never passed an opinion concern-
ing the question of taxation of interest bearing school
warrants. It cannot, therefore, be stated at this time, what
rule prevails, it being for the courts hereafter to interpret
this question.

122. Delinquent officers — penalties. No super-
intendent or district officer shall receive any of the
compensation, who has neglected or refused to per-
form any duty required by law, and any district
officer so neglecting or refusing, when specially di-
rected by a majority of the district board, shall be
deemed guilty of a misdemeanor, and it shall be
deemed a violation of law for any person to draw
or sign a warrant for the payment of such delinquent
officer, and any person so signing a warrant shall
be liable in double the amount of such warrant.
— R. 8. 5941

123. Powers of directors. Any school board
shall have power to make such by-laws for their
own government and for the government of the
public schools under their charge, as they may deem
expedient, not inconsistent with the provisions of
this act, or the instructions of the superintendent
of public instruction. District boards of the first
class shall also have power to fill any vacancy which

148

DIRECTORS § 124

may occur in the board, until the regular election,
at which time the vacancy shall be filled for the
unexpired term. — R. 8. 5924

Note. County superintendents fill vacancy, except in first
class districts, section 95.

Filling vacancy.

1. In a first class district, when a vacancy occurs
after the advertisement of the regular election, any person
desiring to become a candidate for director may do so by
filing a written notice of such intention with the secretary
of the board at least eight days prior to the day of holding
election." If the vacancy occurs after eight days before
election the board should fill the vacancy until the next
regular election.

Powers of board.

2. A school board has a legal right to require such
qualifications of teachers as seem to them to be for the best
interests of the school, provided such qualifications do not
conflict with those required by the state.

3. The statute gives boards of directors of first class
districts entire authority to fill vacancies, and with that
authority, by necessary implication, goes the authority to
declare vacancies, excluding the idea that a county super-
intendent may have that authority. The county super-
intendent has no right whatever to hold that a vacancy
exists in the board of a district of the first class until such
a vacancy has been declared by the board itself, or by the
courts.

4. If the school board chose to revoke its rules con-
cerning the place where a school meeting must be held, it
would have a right to do so.

124. Powers of school boards. Every school
board, unless otherwise especially provided by law,
shall have power, and it shall be their duty :

First — To employ or discharge teachers, me-
chanics and laborers, and to fix and order paid their
wages ; to determine the rate of tuition for non-resi-
dent pupils, and to fix the compensation to be al-
lowed the secretary for the time necessarily spent in
the service of the district, as required by law, or

149

§ 124 DIRECTORS

as directed by the board; Provided, It shall be un-
lawful to pay any other member of the board, from
the district funds, for his services as a member of
such board.

Second — To enforce the rules and general regu-
lations of the state superintendent, to fix the course
of study, the exercises and the kind of text books
to be used; Provided, That but one kind of text
book of the same grade or branch of study shall
be used in the same department of a school, and
that after the adoption of any book, it shall not be
changed in less than four years, unless the price
thereof shall be unwarrantably advanced, or the me-
chanical quality lowered, or the supply stopped.

Third — To provide. for school furniture, and for
everything needed in the school house, or for the
use of the school board.

Fourth — To rent, repair and insure school
houses.

Fifth — To build or remove school houses, and to
purchase or sell school lots, when directed by a vote
of the district so to do.

Sixth — To hold in trust for their district all real
or personal property for the benefit of the school
thereof.

Seventh — To suspend or expel pupils from school
who refuse to obey the rules thereof, and to exclude
from school, children under six years of age.

Eighth — To determine the number of teachers •
that shall be employed, and length of time over
and above three (3) months that the school shall
be kept; to fix the time for the opening or closing

150

DIRECTORS §124

of schools, and for the dismissal of primary pupils
before the regular time for closing the schools.

Ninth — To provide books for indigent children,
on the written statement of the teachers that the
parents of such children are not able to purchase
them, and to furnish free text books for the use of
all pupils, when authorized to do so by a majority
vote of the district, as expressed at any regular or
special meeting.

Tenth — To require all pupils to be furnished with
the proper and suitable books as a condition of mem-
bership in school.

Eleventh — To exclude from school and school
libraries all books, tracts, papers and other publi-
cations of an immoral or pernicious tendency.

Twelfth — To require teachers to conform to the
law.

Thirteenth — To make an annual report, as re-
-quired by law, to the county superintendent, on or
before the first day of August of each year, in the
manner and form and on the blanks prescribed and
furnished by the superintendent of public instruc-
tion.

Fourteenth — To make a report directly to the
state superintendent, whenever instructed by him
so to do.

Fifteenth — Whenever a pupil resides remotely
from the school house in his district, and where a
school house is more accessible in an adjoining dis-
trict or county, such pupil shall be permitted to at-
tend that school which is the most accessible, and
be granted the same privileges as a resident of that
district. Provided, The board may refuse to admit

151

§ 124 DIRECTORS

pupils from other districts upon the ground of in-
sufficient room. In such case, the directors of the
district wherein the said pupil resides shall pay a
reasonable tuition to the district wherein the school
is the most accessible, which said tuition shall be
agreed upon by the two school boards affected ; Pro-
vided, however, If they do not agree, the county
superintendent or superintendents of the county or
counties in which such district or districts so af-
fected are located shall settle the price of tuition.
In case said two superintendents can not agree on
the tuition to be paid, then the state superintendent
of public instruction shall fix the sum of said tui-
tion. Provided, further, That whenever any pupil
outside a high school district desires to attend a
high school within the county where such pupil re-
sides, and such pupil shall possess the necessary
qualifications for admittance thereto, the necessary
tuition fees charged for the attendance of such pupil
by said high school shall be paid by the school dis-'
trict in which such pupil resides, not exceeding
$2.50 per month. —R. 8. 5925, amended 8. L. '09, p. 488

Note. State board of health may prescribe text-book on
hygiene, section 5010.

Certificate obtained after commencement of school.
a. A teacher who at the time of her employment has
a first grade certificate in full force in another county upon
which her county superintendent agrees to issue a certi-
ficate of like grade, but does not do so until after the
commencement of her school, is entitled at least to compen-
sation from the date of such like grade certificate if she
proceeds with the school. — School Dist. v. Ross, 4 C. A. 493

Lien law not apply school buildings.

&. The provisions of the mechanics lien law cannot be
applied to public school buildings. — Florman v. School Dist.,
6 C. A. 319

152

DIRECTORS § 124

School property held in trust.

c. All school property within the district is held by
the board of directors in trust for the district for the bene-
fit of the school.— Florman v. School Dist., 6 C. A. 319

Injunction not lie to prevent discharge of teacher.

d. Since school boards have power to summarily dis-
miss teachers for cause, injunction will not lie to restrain
them from so doing, for if wrongfully dismissed the
teacher's remedy is an action for damages. — School Dist.
v. Carson, 9 C. A. 6

Ratification of contract.

e. Where a school board enters into a contract, with
a teacher and for ten weeks accepts her services and pays
her wages, such action constitutes a ratification of the con-
tract and the board is estopped from asserting its in-
validity.— School Dist. v. Stone, 14 C. A. 211

Contract not made at formal meeting.

f. Under the law authorizing a school board to employ
teachers, it is not absolutely necessary that the contract be
made at a formal meeting, and a contract agreed to by all
members of -the board and executed and signed by a ma-
jority of the board is binding, although not done at a
regularly convened meeting. — School Dist. v. Stone, 14
C. A. 211

Certificate — not collaterally attacked except.

g. In an action by a teacher for wages under a con-
tract, his certificate from a county superintendent cannot
be collaterally attacked except for fraud.— School Dist. v.
Stone, 14 C. A. 211

County superintendents sue in official capacity.
h.~ County superintendents have the right to sue in
their official capacity, and may maintain such actions as
are necessary to the fulfillment of the duties of their offices;
and to this end may bring an action to restrain a board of
directors from employing a teacher without a certificate. —
Catlin v. Christie, 15 C. A. 291

Teacher discharged need not appeal.

i. A public school teacher engaged for a specific term,
who is discharged without cause, need not rely upon the
statutory right of appeal from the decision of the board,
but may bring action to recover in the courts; and the rule
in the teacher's hand-book that the tenure of office of all
teachers, regardless of contract, shall be at the pleasure of

§ 124 DIRECTORS

the board, is no defense to such action. — School Dist. V.
Hale, 15. C. 367

Teacher discharged for cause only.*

;'. A teacher cannot be dismissed from the public
schools without due notice and upon good cause shown,
and when an action is brought to recover damages therefor
the board can only justify by showing proper cause for
dismissal in accordance with the statute. — School Dist. v.
McComb, 18 C. 240

Revoking certificate after discharging.

k. A school board of a first class district after dis-
charging a teacher has no authority to revoke a certificate
theretofore issued to him so as to prevent his recovery for
the unexpired term. — School Dist. v. Shuck, 49 C. 526

Appointment and acceptance create contract.
Z. A resolution of the directors appointing plaintiff a
teacher for the ensuing school year and an acceptance of
the appointment create a contract, and the requirement in
the resolution that teachers must after a designated date
hold a first grade certificate, is not a limitation but simply
renders the employment subject to termination after such
date if not complied with. — Nash v. School Board, 49 C. 555

Hire Teachers.

1. A school board has the sole right to engage a teacher
for the district; and the fact that a majority of the tax
payers sign a petition making a protest against the selec-
tion made by the board can in no way affect the legal right
or action of the board in appointing a teacher.

2. If a teacher receives from the secretary of a school
board, in pursuance of an order of the board, a letter notify-
ing him of the length of term and salary, such notification
would stand in law as a contract, should the teacher accept.

3. A verbal promise given to a teacher by members of
the school board at other than a regular meeting is not
legally binding upon the board; and the board would have
a right to engage another person at a regular meeting.

4. There is nothing in the school law of Colorado to
prevent a board of directors in a first class district from
making a contract with a teacher or superintendent for a
term exceeding the school year.

5. When a teacher enters into a contract with a board
of directors to teach a certain number of months, it is
understood that customary vacations may intervene, even
though not specified in the contract, and the teacher is not

154

DIRECTORS § 124

entitled to compensation for such vacation, he being re-
quired to teach the full number of months specified in the
contract excluding such vacation; this, however, does not
include legal holidays coming within the school week, for
which the teacher is entitled to pay without teaching unless
otherwise expressly stated in the contract.

6. There is no law requiring a teacher to have a
physician's certificate of good health; this matter is gov-
erned by the rules made by the board of directors.

7. School boards, in districts of the first class, have
entire control of the examination and licensing of appli-
cants to teach in their districts. They also have a legal
right to renew certificates without examination. One mem-
ber of a school board cannot legally employ a teacher except
when ordered to do so by the board at a regular or special
meeting.

8. If a teacher has been employed to teach a certain
department of a school, the school board would not have
the right to close another department and require one
teacher to do the work of both departments, unless such
an arrangement had been made in the contract entered into
between the teacher and the board.

9. The only way by which a teacher's salary can be
legally increased during the term for which she is employed
would be at a regular or special meeting of the school board.

10. The law provides that an applicant for a teacher's
certificate must not be less than eighteen years of age; and
it would be illegal to grant a certificate if the applicant did
not meet that requirement, and illegal for a school board
to employ a teacher under such circumstances.

11. An oral contract made between a teacher and a
school board is as binding as a written one if it can be
proven.

12. The laws of Colorado do not make it illegal for
members of school boards to vote for relatives of any degree
as teachers.

13. A school director cannot legally become a teacher
•in the district in which he holds that office. See section
2G06, General Statutes of Colorado, 1883, page 82.

14. The power to employ or discharge teachers rests
solely with the school board, and not with the county super-
intendent or directly with the electors of the district. This
applies also to vacancies that may occur by reason of sick-
ness or any other cause.

15. A district board has not, in law or equity, a right
to deliberately create a condition for the purpose of taking

155

§ 124 DIRECTORS

advantage of the emergency clause in that section of the
statute which provides for granting and endorsing teachers'
certificates.

16. It is illegal for a board of directors to employ a
person to teach who has no certificate, as no legal contract
can be made between the board and such person; and the
fact that no salary is drawn would not make the transaction
legal. A school so taught could not be considered a public
school, nor could the months so taught be counted in, or
reported as, months of public school work. School directors
cannot officially employ a teacher to teach a private school;
and there is no way whereby public school work and private
school work can be combined, or private school work legal-
ized as public school work, or a private teacher be con-
sidered a public school teacher.

17. Every member of a school board has an equal
voice in employing teachers; and the decision of a majority
rules in this as in all other matters.

18. One member of a school board cannot legally em-
ploy a teacher, even though a meeting has been called for
the purpose and notice of it sent to other members of the
board. If the failure to attend arises from a deliberate
intention to prevent a legal meeting of the board such
members can be compelled to attend by legal process.

19. A teacher is not required to do janitor work in
this state unless the contract into which he has entered^
with the district board distinctly states that such shall be'
the case.

20. A contract between a teacher and his substitute is
not binding upon the board of directors.

21. The appellate courts of this state have never de-
cided the question of the legality of a school board to con-
tract with teachers before the annual election establishes a
new board of school directors.

22. In case two members of the board at a legally held
meeting of the board voting a certain sum as the teacher's
salary, written notice of such action being sent to the
teacher, the notice is binding upon the board and equal to
a contract.

23. If a school board makes a legal contract either
verbal or in writing with a teacher, providing for his re-
election and specifying the salary he is to receive, the board
could not at a later meeting change its action.

156

DIRECTORS § 124

Teacher's report.

24. No part of the last month's salary of a teacher
should be paid until the reports required by law are made
and filed according to specifications.

School furniture and supplies.

25. No member of a district board has any right what-
ever to purchase coal or other school supplies, without being
ordered to do so by a majority vote of the members.

2G. A school board of a district of the third class has
a legal right to purchase desks for a school building without
a vote of the electors of the district.

27. School directors of a district of the third class may
purchase an organ for the use of the school and pay for
it out of the special fund. The general fund cannot be
used for that purpose, unless there* is a balance remaining
after paying all expenses necessary to support a public
school for ten months in any one year.

Discharge teachers.

28. Two members of a school board at a legally called
meeting have a right to dismiss a teacher; but a teacher
having a contract with the board cannot be dismissed with-
out good cause.

29. It is not legal for a school board to retain a teacher
whose certificate has expired if the term of school for which
such teacher is employed extends more than one month
after such expiration, as the law definitely states that a
new certificate shall be secured. The endorsement of the
certificate should read "Good" until the next regular county
examination.

30. In order to sustain charges of immorality or in-
competency, specific acts must be shown and supported by
affidavits or witnesses. If satisfied that the charges can be
sustained by proof, the proper course for the board is to
bring the matter to the attention of the county superin-
tendent, with the request that he revoke such teacher's
certificate.

31. If a teacher employed in the schools is incompetent
to give instruction in any of the subjects provided in the
course of study for that district, the board of directors would
have cause for discharging such teacher.

32. A school board may dismiss a teacher for incom-
petency or immorality. A county superintendent may re-
voke a certificate of any kind at any time for immorality,
incompetency or any just cause.

157

§ 124 DIRECTORS

33. The laws of this state make it impossible for a
school board to discharge a teacher without some cause
that would be considered in the courts a sufficient reason
for breaking the contract between the teacher and the
school board. Incompetency, immorality, drunkenness, etc.,
are the reasons that have been held sufficient.

Fix salary.

34. A teacher employed at a stipulated salary, can be
paid only by warrants drawn by the district secretary, and
must take them for what they are worth. It would not be
proper for the board to make up any discount by an ad-
ditional warrant. The board might, however, increase the
salary at a regular meeting so as to cover such deficiency.

35. When school district warrants are sold at a bank
or elsewhere and a discount is charged, the holder of the
warrant must bear the loss.

36. A teacher's only recourse against a school board
that refuses to issue a warrant for salary is through the
courts.

37. When a county superintendent calls a county insti-
tute or teachers' association, he has not the right to rule
that the district must pay the teacher the same as if she
had taught school, although the school board has the right
to allow the teacher such a day and pay her for it upon
the request of the county superintendent, but the authority
in the matter rests with the district board.

38. A certificate to teach cannot be revoked by a county
superintendent without having good and sufficient reasons
for so doing. Alleged exorbitant wages named in a contract
between the teacher and the directors of a district would not
be lawful reason for revoking a certificate unless fraud of
some kind could be shown.

39. The directors of a district have no legal right to
make a contract with a teacher to pay wages in excess of
the revenues for the year.

40. A teacher can draw her wages during the time that
a school is closed on account of an epidemic.

Compensation allowed secretary.

41. While the law states that district boards shall fix
the amount of the secretary's salary, if the secretary
rendered his services without such salary being fixed, or
without demanding it at the time, he could not later claim it.

42. The secretary is the only officer of a district school
board whom the law allows to draw pay for his services,
and his pay is fixed by the board.

158

DIRECTORS § 124

43. A school board has the right to fix the compensa-
tion to be allowed the secretary for the time necessarily
spent in the service of the district; provided, always, that
the board's provision for such compensation is just and
reasonable and in compliance with the law.

44. If a secretary of a school board should falsify his
records, he would violate his bond.

Powers of board.

45. As the president of the board is a member of the
board, with all of the privileges to which such members are
entitled, he can, although the presiding officer of the board,
make or second a motion, state it from the chair, and vote
on the same.

46. The length of residence required in Colorado to
constitute eligibility to the office of school director is twelve
months.

47. A school board does not have to carry out all mo-
tions made and carried at the annual meeting of electors
unless such motions cover matters upon which the electors
are entitled to pass.

Illegal action ~by "board.

48. If the electors of a district are dissatisfied with the
action of the board, they have the privilege of enjoining
the board from taking said action.

49. The law gives the right to the school board to say
how many months of school shall be held in excess of the
months required by law, and also the right to fix the sal-
aries of the teachers employed. The electors have no right,
legally, to call a meeting to vote upon either of these ques-
tions, and if such a meeting was held, the school board
could not be compelled to attend, or to act in accordance
with the action taken through the meeting.

50. A school board has no authority to employ an in-
terpreter in Mexican districts to help out a teacher who
does not understand the Spanish language.

51. A member of the school board may be compelled by
legal process to perform the duties of his office as specified
in the law. Any elector of the district, member of the
school board or the county superintendent can institute the
proceedings.

52. A member of a school board may be removed for
malfeasance in office, by action taken in the courts.

53. It is illegal for two members of the board to trans-
act business that has not been decided upon at a regular

159

§ 124 DIRECTORS

or special meeting of the board. If the specifications in
regard to the digging of the weil were definitely stated at a
regular or special meeting, it would be necessary to call
another meeting of the board to change those specifications.

54. Directors of third class districts have no authority
to sell property of the district unless instructed to do so
by the electors. A sale without such direction is illegal.

55. If the actions of the board do not meet the approval
of the electors, the latter may either have redress through
the courts, or, in certain cases, may appeal to the county
superintendent and from him to the state board of educa-
tion.

56. If the school board of directors refuse to carry out
the valid instructions of the electors of the district, they
can be compelled to do so by court proceedings in the nature
of a writ of mandamus.

Vaccination authorized by county board of health.

57. If the school board has demanded that the pupils
of a school be vaccinated, its action being authorized or
required by the county board of health, pupils should com-
ply with the requirements made. The county board of
health is expected to act in accordance with the rules and
regulations of the State Board of Health, and also to see
that all necessary precautions are taken in the schools of
their counties to guard against contagious diseases.

Tuition.

58. Section 124 herein provides that when a pupil
resides remotely from the school house in his district, and
a school house is more accessible in an adjoining district,
he shall be permitted to attend the latter and be granted
the same privileges as a resident pupil. This right is
mandatory on both boards of directors, and can only be
defeated on the ground of insufficient room in the latter
district, and the board of his district is obliged to pay the
tuition agreed upon by the two boards, or, upon their failure
to agree, that fixed by the county superintendent.

59. The payment of tuition for the school privileges
afforded to children attending outside of their own district
is a matter which the boards of the respective districts must
arrange between themselves; and if they cannot agree then
the county superintendent must decide.

GO. A person, having attained the age of twenty-one
years, is not thereby debarred from school privileges, but
the board may require tuition of him. This ruling applies

1GO

DIRECTORS § 124

to those who may have been under the age of twenty-one at
the time the last school census was taken.

61. If the home of a family is certified to be in a
district, and the children have been listed upon the school
census of that district, the children would have the right
to attend the school without tuition, even if the family
spends a large part of the year elsewhere. In the case of
pupils attending before the family moves into the district
for the winter, the same rule would apply.

62. If a district is the declared home of the family,
and the children have been previously listed upon the
census list, they would have the right to attend the school
without tuition, even if the remainder of the family were
at present residing elsewhere.

63. A resident's objection to the attendance at school
of a child from another district is of no effect, provided the
board of directors is willing to permit such attendance.

64. In regard to whether a person living in a district
where there are two schools has a right to send his children
to either, the matter should be controlled by the local board
of directors the same as is done in cities where the boards
control the sending of children to the different city buildings.

65. The school board of a district has the right to
exclude children from other districts on account of lack of
room, and to require tuition for pupils who live outside
the district.

Fix course of study — special branches — admittance.

66. It is the duty of the teacher to teach whatever
branches may be specified by the school board, since that
body is given the right to establish a course of study for
the school of its district. If the teacher has failed to teach
the branches requested by the board, it would probably not
be sufficient reason for the board refusing to sign the war-
rant for her services as teacher for the time she has been
employed in the school, yet it is possible that it might be
held as sufficient grounds for the dismissal of said teacher.

67. The school board of a district has the right to
forbid tne reading of the Bible in the schools of the district,
under the provisions of section 124 herein, which provides
that the school board shall have power to fix the course of
study, the exercises and the text books to be used in the
schools of the district.

68. Article IX, section 7, of the constitution of Colo-
rado, prohibits the use of public school money for the
teaching of sectarian tenets or doctrines. It is therefore

161

§ 124 DIRECTORS

unlawful for a board of directors to require a teacher to
devote any part of any school day to religious instruction.

69. A school board would have the right to require
work above the eighth grade to be done, providing there
was nothing in the contract made with the teacher which
would give her the right to object to doing such work.

70. Since the school board has full authority to make
rules and regulations concerning the management of the
schools in a district, the board would have the right to fix
the times when beginners might be permitted to enter the
schools.

71. A school board has the right to make the regula-
tions concerning the admittance of pupils to a certain grade
of the school when the fall term commences, said pupils
having failed to pass the examination given in the spring,
and also to authorize the principal to make such rules and
regulations and to enforce them as if made by the board as
a body.

72. The law makes the same requirements of the prin-
cipal or teachers of a county high school as of any school
of high grade. Therefore, a special certificate covering the
high school branches must be obtained by the applicant
who expects to teach in a county high school.

73. A teacher cannot be required to teach instrumental
music in a school, as the branch is not one included in the
requirements of a common school course.

74. As between school directors and the county super-
intendent, the latter has advisory powers only in arranging
course of study, selection of books and grading of schools.

75. According to the school law of this state, the board
of directors of a school district has the right to prescribe
the course of study for the school, but cannot be compelled
by parents to include higher grades than the eighth. If
the board prescribes that certain high school or ninth or
tenth grade studies shall be taught, it may be done, but it
is not expected that such work shall be a part of the course
in the district school if it interferes with the work of the
lower grades.

76. The law does not permit the establishment of a
high school in an ordinary third class district, nor does
it prohibit the introduction of certain branches that are
termed high school branches, but the law gives the entire
authority in regard to fixing the course of study to the
board of directors. The teacher would have no right to
introduce high school work in the school unless so in-
structed by the school board.

162

DIRECTORS § 124

Text books.'

77. In case of a new district formed from one in which
text books are furnished free, the question of supplying
free text books in such new district must be submitted to
a vote of the people.

78. If a school board purchase books to be used by the
pupils of the district, such books are for the use of pupils
attending school within such district, and for no other. If
residents of the district see fit to send their children into
adjoining districts, they cannot compel the district in which
they reside to furnish the text books for their children.

79. The board of directors must furnish books for all
pupils when instructed to do so by a majority vote of the
electors voting as expressed at any regular meeting or
special meeting called for that purpose.

80. The fact that a district has voted to furnish free
text books to its school children, and has done so for a
number of years, does not permanently bind the district
so to furnish the text books. If brought up in the manner
prescribed by law, the district may again vote upon the
matter.

81. When a pupil leaves a school where free text books
are furnished, he has no right to take home with him and
keep text books belonging to the district.

82. Colorado does not have a uniformity of text books.
The school law provides that the board of directors in the
different districts may determine the kind of text books to
be used.

83. County officials have no authority to purchase text
books for the schools of the county, using school money for
that purpose, nor have such officials the right to adopt text
books for use in such schools and require the various dis-
tricts to pay for the same. The school board determine the
kind of text books to be used, and can only furnish free
text books for the use of all pupils when authorized to do
so by the majority vote of the district.

84. In order to vote on the question of free text books
at the annual school election, it will be necessary to include
in the annual election notice, a statement specifying the
time of such voting.

School houses — rent — repair — build — remove.

85. The district board has the right in emergencies to
permit the location of the school to be changed temporarily,
although it is expected that in this as in all other matters
the welfare of the whole district will be considered.

163

§ 124 DIRECTORS

86. The site for a school building in districts of the
third class can be selected or changed only by majority vote
of the electors at annual meeting, or at a special meeting
legally called.

87. When the electors of a school district, at a legal
meeting, vote to erect a building on the school site of the
district to be used as a teacher's residence, and vote a
special tax for that purpose, such action legally authorizes
the directors of the district to contract for the erection of
such a building.

88. Directors of first and second class districts have a
right to sell a school building when directed so to do by
the electors at a special meeting called for that purpose.
Such sale should be made in the manner prescribed by the
directors, which should be at public sale after proper adver-
tisement.

89. The power to fix the site for school houses neces-
sarily includes the power to fix the location of the school,
and after a majority of the voters of the district (third
class) have decided to have the site of the school house in
a certain portion of the district, it would hardly be held
as within the power of the board to defeat the will of the
electors by establishing a school in some other place.

90. Under certain conditions other buildings than the
school house may be used for school purposes if the board
so desires.

91. School must be held in a building situated within
the boundaries of the district.

92. The departments of a school cannot be legally con-
sidered as separate schools.

93. While a school board would, if they felt so disposed,
have a right to establish a summer school, they would not
have the right to limit the attendance to those pupils
recommended by the teachers, and some others, and require
those who desire to attend the school without the recom-
mendation to pay their own tuition. It would, however, be
legal to establish such a school for certain grades, limiting
the attendance to the specified grades.

94. The directors of third class districts have no
authority either to build a new school house or an addition
to an old one unless directed to do so by a vote of the
electors.

95. If a majority of the legal voters of a third class
district at a special meeting legally called decide that a
school house shall be moved, it becomes obligatory on the
part of the board to move the building. If they do not,

164

DIRECTORS § 124

the voters can compel them by mandamus to move it. The
school house does not have to stand thirty days after the
majority of voters have decided to move it.

96. A board of directors of a third class district cannot
sell, remove or tear down a school house unless so directed
by a vote of the electors.

97. The directors of a school district cannot legally
purchase a school site without a favorable vote of the
electors.

98. The qualified electors when assembled at a special
meeting, duly called, have the power to fix the site for the
school house, taking into consideration the wants and
necessities of the people of each portion of the district.
There is no authority in law giving the privilege to build
upon school land without first receiving a grant from the
state land board. Upon application to the register of such
board, accompanied with plat and field notes of the survey,
one acre will be granted your district for school purposes.

99. When a building is to be used for school purposes
the board has no authority to build such addition or
school room except when directed to do so by a vote of
the district.

100. A district board, having already constructed and
furnished a school building, may subsequently erect a coal
house or other simple outbuilding, for the convenience of
the school, without a special vote of the electors, the out-
building to be considered an appurtenance or appendage
of the school building.

101. If the electors of a school district have voted the
specifications in regard to building a school house, the site
being definitely selected, the board of directors could not
legally change these specifications, and it would be neces-
sary to call another meeting of the electors if thought
desirable to make a change.

102. In building a school house the board of directors
must keep within the appropriation of the electors. If it is
desired to spend more money than the original appropria-
tion, a meeting of the electors must be held to determine
whether they will authorize the additional expenditure.

103. The law does not specify the manner in which a
school board shall proceed in the matter of building a school
house or whether such board shall advertise for bids or not.
The board is permitted to exercise discretion in the matter,
having in view at all times the best interests of the district.

104. A school board has the right to lease a building
for school purposes for one or more years.

165

§ 124 DIRECTORS

105. Whether the directors build one or more school
houses is purely a matter to be determined by the electors
of the district, such authority being conferred upon them by
the statutes, and the connty superintendent has no authority
to control such discretion.

106. The board of directors, in leasing an unused school
house, have the power to insert in the lease the purpose for
which said building shall not be used.

107. The question of constructing a high school build-
ing in a district of the first class must be submitted to a vote
of the qualified electors of the district.

108. If the question of the selling or the minimum
selling price of the school house was not determined by the
electors, it would be wiser for the directors to sell at public
sale.

Custodians of school property.

109. The boar.d of directors is custodian of the school
property, and may permit the use of the school house for
other than strictly school purposes, if such purposes are not
detrimental to the morals of the community or injurious to
the school buildings. Should any money be derived from
such sources, it should be considered part of the school fund.
If the school property is being injured or the purpose for
which the building is used is improper, any elector can take
legal proceedings to remedy such matters. ,

110. A district baard has the control of the school
house, and cannot be compelled to open the house for other
than school purposes, even though the citizens of the district
so request.

111. As the school board of any district has the control
of the school house, if the board sees fit to permit the use of
the school house for a subscription school it has the right to-
do so. It may also permit the use of the text books owned
by the district. It has no right to permit the use of the dis-
trict's firewood or to in any way make an expenditure of the
district's money for the subscription school.

112. If the directors authorize the use of the school
house for election purposes, the teacher is entitled to pay for
time thereby lost.

Suspend or expel pupils.

113. In the absence of any rules and regulations pre-
scribed for the government of the schools by the board of
directors, it is within the power of the teacher to make such
reasonable rules and regulations, and to enforce them, in the
same manner, subject always to the supervision of the board
of directors.

166

DIRECTORS § 124

114. It is the right and duty of a school board to ex-
clude from a public school a boy of school age who is an
imbecile.

115. It is the duty of the board of directors to see that
school children are vaccinated when required to do so by the
local board of health.

116. Under the constitution and laws of this state the
board of directors of any district have power to establish
reasonable rules and regulations for the government of the
schools under their charge, for controlling the conduct of
teachers and pupils, not only while in the school room, but
while going to and fronn the school, and such reasonable
rules and regulations may be enforced by suspension, expul-
sion or corporal punishment, as the board of directors may
determine.

117. The power to expel or suspend a pupil from the
privileges* of the schools of Colorado is conferred by law
solely and exclusively on the school board, and no teacher
has the right to perform that act.

118. A teacher has power to temporarily suspend a
pupil, at least long enough to notify the board of the causes,
and ask that such pupil be suspended; and the board would
be justified in acting upon such recommendation, although
the teacher would have no power himself to make such sus-
pension.

Number of teachers — time employed.

119. The law gives school directors the sole power to
arrange the length of the term, number of teachers to be
employed, grade of work to be done, etc., in the public
schools of the district.

120. A school board has the right legally to appropriate
money to carry on a second or third school to be located in
various parts of the school district when the location of the
school population seems to demand such an arrangement to
justly provide educational privileges for the greatest pos-
sible number of children residing in the district.

121. If a teacher is engaged by the year at an annual
salary, vacations are not deducted. If he is employed by the
month, and paid a fixed sum per month, vacations are de-
ducted, if there is no contract' to the contrary. A teacher
could just as lawfully claim pay for the long summer vaca-
tion as for' the customary holiday vacation.

122. A teacher cannot be legally dismissed before the
expiration of the time for which she is engaged "without
good cause shown," and if so dismissed she can collect full

167

§ 124 DIRECTORS

salary; Provided, She holds herself in readiness to fulfill
her part of the contract.

123. The board of directors has no right to deduct from
a teacher's salary for legal holidays occurring during the
school term.

124. A teacher may collect salary for the number of
months specified in the contract entered into with the board
of directors of the school district where he teaches; Pro-
vided, The directors have not contracted with the teacher to
pay wages in excess of the revenues for the year.

125. If a teacher is ready to begin school at the time
specified in his engagement, and owing to neglect of duty
on the part of the school board, cannot do so, he is not
compelled to make up the time thus lost, but is entitled to
his salary from the time specified in such engagement.

126. There is no law authorizing a teacher to draw his
salary for the two weeks spent in attending the normal
institute.

127. If the board of directors closes the term of school
before the expiration of the time contracted for, the teacher
being ready to fulfill his part of the contract, the board is
liable for the teacher's salary for the full term agreed upon.

128. If, with the consent of the directors, a teacher
holds school on a legal holiday to make up for a day lost,
the teacher is entitled to pay for the full month.

129. The teacher has a right to her hour's intermission
at noon, providing she teaches the requisite six hours
through the day. She is required to teach school from 9
a. m. until 4 p. m., unless the board gives her permission
to finish at an earlier hour.

130. When a teacher begins work without having en-
tered into a definite verbal or written contract with the
schaol board which employs her, she has a right to leave the
school at any time, and the school board has the right to
discharge her at the end of the first month's work, and also
to employ another teacher.

131. A school board cannot compel a teacher to make
up time lost during the time a school was closed because of
the prevalence of a contagious disease; Provided, Said
teacher holds himself in readiness to teach, subject to the
order of the board.

132. To be entitled to his salary for the day, the teacher
should remain in the school room after the hour of opening,
both forenoon and afterno-on, a sufficient time to determine
that no pupils will be in attendance.

133. Under a written contract with a school board to
teach a ^stated length of time, a teacher is entitled to com-

1G8

DIRECTORS § 124

pensation for the full time, although the school should lapse
by reason of the residents leaving the district; provided the
teacher has fulfilled her part of the contract and expresses
her willingness to complete the requirements of her agree-
ment.

134. A teacher is under no obligation to make up time
lost when school" is closed for the purpose of repairing build-
ings. If a teacher absents himself a day or more from his
work, he himself being responsible for the loss of time, he
must make good the loss of time or forfeit his pay.

135. A teacher is not entitled to receive pay for the
time lost while attending a teachers' examination.

136. The point of the teacher's failure to hold himself
in readiness to teach is not sufficient cause for refusing to
pay him for the time the school was quarantined, since he
was there when his services were required and the board
suffered no actual damage by his absence.

Furnish clothing for indigent children.

137. There is no law authorizing the school board to
pay from the fund the board of children who live a distance
from the school. It is the duty of the school board, how-
ever, if the parent, by reason of poverty, cannot properly
clothe the child, to furnish necessary clothing and pay for
the same out of the school fund by warrant, drawn as in
other cases, but even this fact must be shown to the satis-
faction of the board.

Use of district funds.

138. The school funds cannot be legally used for de-
fraying the expenses of a singing school.

139. A school board cannot legally loan the money of
the district.

140. A school board cannot legally contract for the
work of instructing high school pupils to be done by a pri-
vate party or corporation and pay for it out of public
school funds.

141. A director of a school board has no right whatever
to draw money from the funds of a school district to pay for
his child's board while attending school in another district.
Any member so misappropriating the funds of the. district
can be compelled by process of law to refund the money.

142. When funds are used in violation of the law, any
elector of the district or any county superintendent has the
right, and it is his duty, "at any time after said funds have
been so used, to bring suit to recover the same, the mem-

169

§124 DIRECTORS

bers of the school board that signed the illegal warrants
being liable for the amount involved.

143. ' If an attorney is employed to defend an action
brought against the district, then the district must pay his
fees; but if brought against the individual directors, they
must pay their own attorneys' fees.

144. The law makes no provision whereby the board of
directors of a district can appropriate school money to pay
special teachers for the pupils of said district who are un-
able to attend the regular school.

145. In regard to payment for transportation of pupils
to and from school, there is no direct provision of the law
authorizing such action, except in consolidated districts; but
it might properly be done by unanimous consent of all the
electors paying school tax. There is no law authorizing the
school board to pay from the fund the board of children who
live a distance from the school; but the board can, however,
upon a unanimous vote of the tax-paying electors, pay for
such board from the special fund.

Special levy.

146. In any district of the third class a levy on taxable
property must be made by the qualified voters when assem-
bled at any regular or special meeting, and such levy cannot
be made by board of directors.

147. There is no limit to the special levy in first and
second class districts.

148. When the electors have voted a definite special
levy for building a school house, the board cannot spend in
building said school house more than the proceeds of said
special levy, unless so directed by the electors.

149. The right to levy a 1-10 of a mill tax for library
purposes in school .districts rests entirely with the school
board. A vote of the electors of the district is not necessary
for this purpose.

Debts.

150. A member of the board has no authority to con-
tract any indebtedness against the district, as contracts of
such indebtedness can only be made by a majority of the
board at a regular meeting.

151. A debt can only be contracted by a majority of the
members of the board at a regular meeting, or at a special
meeting called for that purpose; and as the auditing of bills
is entirely separate from contracting them, it follows that
they must be performed at different times.

170

DIRECTORS §124

Payment — general fund.

152. It is legal to draw on the general fund to pay the
janitor who is employed in a school.

153. The general fund may be used for building, fur-
nishing or erecting additions to school houses, or for im-
proving the school house, sites or lots, only after the expense
of maintaining the school for a period of ten months is one
year shall actually have been paid.

154. The general fund may be used only for teachers'
wages and necessary current expenses until the school has
been conducted for a period of ten months in one year.

155. All moneys remaining to the credit of any district
on June 30 should remain to the credit of such district, and
cannot be turned into the general school fund of the county
for reapportionment.

Payment — special fund.

156. Insurance premiums and attorney's fees are not
expenses "incidental to the support of a public school," and
therefore must not be paid from the general fund, but from
the special fund only.

157. If any surplus funds remain in the special fund
over what is necessary to meet the regular current expenses
of the district, such surplus may be used to pay past indebt-
edness.

Contracts other than teachers'.

158. A school board can legally let a contract to a man
whose wife is a member of the school board, as the fact that
the wife is a member — and is, therefore, excluded from being
a party to a contract with the district — would in no way
affect the husband, who is not a member of the school
board.

159. A contract made and agreed to by the majority of
a school board at a regular meeting, of which due notice
has been given, is a legal contract if properly entered into
in all respects. It is not in the power of one member of a
board to block the action of the board by his refusal to do
his duty.

160. A contract made with the president and treasurer
of a school board would be legal, even if there is a vacancy
in the office of secretary; and a warrant signed by the above-
named members under the circumstances mentioned should
be considered a sufficient warrant for recognition by the
county treasurer.

171

§§125-126 DIRECTORS •

161. When a contract is reduced to writing, it is sup-
posed to express the intention of the parties; and when such
intention is clear it cannot be changed by oral evidence.

Board of health.

162. The authority of the board of health is paramount
to that of a school board, and if the board of health passes
a regulation requiring vaccination of pupils as a prerequisite
to admission to the school, it is the duty of the school board
to carry into effect such regulation.

163. A by-law providing that any pupil infected with
smallpox, scarlet fever, diphtheria or any other contagious
disease, should be excluded from the school would certainly
come within the powers of the board under the statutes.
There can be no reason why a by-law providing that a well-
recognized preventive must be resorted to, under pain of
exclusion from school, would not be equally within the
powers of the school board.

125. Directors make financial statement. It

shall be the duty of the boards of directors of all
school districts in school districts of the first and
second class in the several counties of this state to
publish semi-annually, within twenty days after the
close of business June 30th and December 31st of
each year, a complete report of the financial condi-
tions of said school district, showing all receipts and
disbursements from each and every fund, so item-
ized as to give the general public definite informa-
tion as to the financial condition of said district;
such publication shall be made once in a newspaper
of general circulation printed and published within
said district; Provided, That if there be no news-
paper published within said district, then such
publication shall be made once in a newspaper
having a general circulation within said district.
—S.L.'ll, p. 582

126. Directors make financial statement in dis-
tricts other than first and second. It shall be the
duty of the boards of directors of all school districts

DIRECTORS § 126

in districts other than aforesaid to publish a com-
plete report annually of the financial condition of
their districts within twenty days after the close
of business, June 30th of each year, showing all re-
ceipts and disbursements from each and every fund,
so itemized as to give the general public definite in-
formation as to the financial condition of said dis-
trict; such publication shall be made once in a news-
paper printed and published in said district ; pro-
vided that if there be no newspaper published in
said district, then such publication shall be made
once in a newspaper having a general circulation
within said district.— S. L. '11, p. 583

127. Penalty for failure to publish. The mem-
bers of any school board who shall fail or refuse to
make such publication as aforesaid, shall be sub-
ject to a fine not to exceed one hundred dollars for
each offense.— -s. L. '11, p. 583

DRINKING CUPS IN SCHOOLS.

Note: Chapter 125, Sess. Laws '11, page 333, provides
that it shall be unlawful for any person or board having
charge of public places, including schoolhouses, to furnish
any cup, or permit any cup, or other receptacle, to be used
promiscuously as a common drinking cup, or to allow the
same to remain in any such public place unless there shall
be adequate provision for thoroughly sterilizing the same;
and provides that any person violating such law shall be
deemed guilty of a misdemeanor and be fined in a sum not
less than five nor more than two hundred dollars.

173

DISTRICTS

DISTRICTS, OFFICERS AND ELECTIONS

128. School districts to be bodies corporate.

Each regularly organized school district heretofore
formed, or that may be formed, as provided in this
chapter, is hereby declared to be a body corporate,

by the name and style of " School District No ,

in the county of , and State of Colo-
rado," and in that name may hold property and be
a party to suits and contracts, the same as munici-
pal corporations in this state. — R. s. 5913

Lien law not applicable school buildings.
a. The provisions of the mechanics lien law cannot
be applied to public school buildings. — Florman v. School
Dist., 6 C. A. 319

School property held in trust.

~b. All school property within the district is held by
the board of directors in trust for the district for the
benefit of the school. — Florman v. School Dist., 6 C. A. 319

Districts established one year.

1. If a district has exercised the rights and enjoyed
the privileges of a legally and regularly established district
for one year it is, according to law, a legal district.

129. Legal school district — when second class
districts become first class. Every school district in
the state which now 'exercises the prerogatives of a
school district, and the legality of whose organiza-
tion has not been legally denied, and which has a
board of directors, duly qualified according to law,
and has exercised the rights and enjoyed the priv-
ileges of a legally and regularly established district
for one year, shall be, and is hereby declared to be,

174

DISTRICTS §129

a legal school district, and all district officers shall
hold office until their successors are qualified. When
school districts of the second class shall attain a
school population of one thousand or more, as shown
by the annual census, at the next regular election
thereafter, as provided in section 44 of this act
(tli ore shall be elected one director for three years,
;m<l one director for four years, and one director
for five years, and annually thereafter one director
for five years), as provided for in districts of the
first class ; and the persons so elected, together with
the directors whose official terms have not expired,
shall constitute the new board, which board shall
enter upon the duties prescribed by law for boards
of directors of districts of the first class. — R. 8. 591G

Note. Section 44 above referred to is section 142 herein.
Census showing one thousand — directors — election — appointment.

Note. That portion of section 129 of the School Laws An-
notated included in brackets has been amended by implication
by sections 110 and 142 herein, so that, in case the census of
1912 should show a thousand or more children of school age in a
second class district, it would be the duty of the two hold-over
members on the first Monday in May to appoint three members
of the board to serve until the regular election of 1913, at which
time two members shall be elected for six years, one member for
four years and one member for two years. In case the census
showed such number of children in 1913, then two members
should be elected for six years and one for four years. If such
showing were made in 1914, then three members should be ap-
pointed until the regular election of 1915; and then and there-
after the same procedure as above should be followed, and all
vacancies occurring in even years should be filled only until the
next regular biennial election, and then elected in numbers and
for periods of time to correspond with the provisions of section
110 herein.

First class falling lelow one thousand.
1. If a district was organized as a first class district at
one time and should later fall below a thousand in the school
population, there is no provision of law for changing the
number of electors or from biennial to annual election.

175

-131 DISTRICTS

130. Legal districts — what constitutes. All

school districts now formed, or which may hereafter
be formed, which shall continue to exercise, undis-
puted, the prerogatives, and enjoy the privileges of
a legally formed district, for the period of one year
next succeeding the election of its officers, shall be
deemed to be a legally formed district, and its le-
gality shall not thereafter be questioned. — R. s. 5917

School district operating one year.

a. The provision of law that any school district which
shall exercise the undisputed prerogatives and enjoy the
privileges of a legally organized district for a year shall be
deemed to have been legally established is a wholesome and
legitimate statute of limitations entirely within the power of
the legislature, and if a school district brings itself within
such terms its organization cannot be questioned. — Shaw v.
LocJcett, 14 C. A. 413

ORGANIZATION OF DISTRICTS, ETC.

131. Organization of new districts — petition-
unorganized territory. For the purpose of organiz-
ing a new district out of a portion of one or more
old districts, the parents of at least ten children of
school age residing within the limits of the pro-
posed new district, shall petition the county super-
intendent, in writing, which petition shall describe
the boundaries of the proposed district, and the
names of all children of school age residing in such
proposed district at the date of said petition; and
said list of names shall be held to be the census list
of said district until the next regular census shall
be taken, and if any names are found on said list,
and also on other census list for the current year,
if the county superintendent is satisfied [that] the
children so named are bona fide residents of the
proposed district, he shall strike such names from the

176

DISTRICTS § 131

lists of the old districts, when the organization of
the new district is complete. If, in the judgment
of the county superintendent, the. school interest of
the districts affected by the proposed change will
be best promoted by said change, he shall direct
some one of the petitioners who is a legal voter, to
notify each elector residing within the district so
to be formed, by personal service as far as conven-
ient, and to post a notice in three public places in
said new district, that such petition has been made,
and that a meeting will be held, naming the time and
place for such meeting, to determine the question of
the proposed organization. People living upon un-
organized territory may organize themselves into a
school district at any time, without a petition, if
a majority of the 'legal voters residing within the
proposed district shall so decide at a meeting, of
which reasonable notice has been given to all resi-
dent voters, and which meeting shall be conducted
as is now provided by law for the organization of
new districts; Provided, That, in addition to the
copy of the proceedings now required by law, the
secretary shall also transmit to the county super-
intendent a certified list of all children of school
age who are residents in good faith in said district
at the date of the organization, which list shall be
held to be the census list of said district until the
next regular school census. — R. 8. 5907

Mandamus not control discretion.

a. Mandamus will not lie to control the discretion of a
public school official. — Keefe M. <& /. Co. v. School Dist., 33
C. 513

State board cannot change boundaries.

b. The state board of education has no power, upon
appeal from the county superintendent, to change the bound-

177

§ 131 DISTRICTS

aries of a school district as established by the electors.—
People v. VanHorn, 20 C. A. 215

Electors fix boundaries new district.

c. After a petition to organize a new school district
out of a portion of one or mare old districts has been pre-
sented to the county superintendent, and he is determined
that the school interests will be best promoted by such
organization, the sole po-wer to determine the organization
of such district and the boundaries thereof is vested in the
electors; and such a district cannot be organized or its pro-
posed or established boundaries changed by the board of
directors, the county superintendent or the state board of
education. — People v. VanHorn, 20 C. A. 215

Organization — number of children.

1. A new district, with fewer than ten persons' of school
age residing therein, cannot be legally organized out of a
portion of ane or more old districts.

2. Renters renting by the year, and having no other
home, may send their children to the school in the district
in which they reside, and that district may enroll them; or,
in other words, they can be counted among the ten necessary
to farm the district.

3. In the organization of a new district, it is legal to
take cognizance of persons of school age residing within the
limits of the proposed new district, whether the said persons
are on the census list ar not.

4. The law provides for no definite number of children
in order to organize a school district from unorganized terri-
tory, nor is there any limitation on the size af the district.

Territory — size — valuation — children.

5. No district shall hereafter be divided for the purpose
of forming a new district —

a. Unless it contains an area of more than nine square
miles and has forty children of schaol age, and the portion
remaining contains not less than twenty children of school
age;

ft. Or has an assessed valuation of more than $20,000
and forty children of school age, and the portion remain-
ing contains twenty persons of school age.

Organization — voters — petitions.

6. At the meeting held for the purpose of determining
whether or not a new district shall be organized, only those
living within the boundaries of the proposed new district

178

DISTRICTS §131

have a right to vote. Those living in the district or districts
from which the new district is to be formed have no voice in
the matter.

7. A two-thirds vote of the electors of the proposed new
district is necessary in order to organize a new district from
old districts.

8. It is not required by law that the petitioner for ter-
ritory to be annexed to a school district should be the owner
of such territory.

9. Organized territory cannot be legally detached from
one district and added to another by the county superin-
tendent without a petition from the residents of the terri-
tory, except in cases where the boundaries are conflicting.

10. A portion of unorganized territory may be annexed
to a school district by the county superintendent upon peti-
tion of the majority of the legal voters resident within the
territory to be so annexed. »

11. More than one section of unorganized territory may
be added to the district upon petition to the county super-
intendent of a majority of the legal voters within the terri-
tory.

Organization optional with county superintendent.

12. In the matter of the presentation of a petition for
the organization of a new district, the statute leaves it en-
:irely to the discretion o-f the county superintendent whether
>r not he will call such meeting, or whether or not the best
nterest of the districts will be promoted by such change.
The matter is not subject to review by the state board of
ducation, unless it appears that there is an absolute abuse
yf such discretion.

13. It is not within the province of the state superin-
endent to take any part whatever in the organization of a
lew school district, but as a member of the state board of
sducation she may pass upon the legality of such organiza-
io-n on appeal from the decision of the county superin-
endent.

14. The matter of organizing new school districts is
me mainly in the discretion of the county superintendent
)f schools, subject to the provisions of section 132 of the
jchool law, providing that no city or town shall hereafter be
livided into two or more districts, and the districts of the
Irst class shall not be divided except upon a vote of the
electors of the district, and that no district shall be divided
or the purpose of forming a new district unless it contains
nore than nine square miles, or an assessed valuation of
520,000 and forty children of school age, nor unless the re-

179

§132 DISTRICTS

maining portion of the district shall contain twenty or more
persons of school age.

15. The county superintendent has the right to exercise
his own discretion in regard to the annexation of a portion
of one district to another.

16. The county superintendent is under no obligation
to transfer territory from one district to another, even
though a petition as prescribed by law has been presented to
him asking for such transfer. He will change boundary
lines only when in his judgment the educational interests of
the districts affected will thus be best promoted.

132. New districts — how organized — election of
directors. The qualified electors of such proposed
new district when assembled in accordance with the
notice above required, shall organize by electing a
chairman and secretary. Every legally qualified
elector, and none other, shall be entitled to vote at
such meeting. After the organization of such meet-
ing, as above mentioned, a vote shall be taken by
ballot on the question whether or not the proposed
district shall be organized. Those in favor of or-
ganization shall vote "yes," and those opposed
"no." If two-thirds of the legal voters so voting
are found to be in favor of such organization, and
not otherwise, the meeting shall proceed to elect by
ballot ai board of directors of said district, who shall
hold office until the ensuing regular election, as pro-
vided in section forty-four of this act. The secre-
tary of said meeting shall immediately transmit to
the county superintendent a copy of the proceedings
of the meeting, upon receipt of which, if the pro-
ceedings are found to have been in accordance with
law, he shall establish and number such district
and enter a record of the same, and of the proceed-
ings of the meetings, as provided in section twenty-
four of this act; Provided, If such organization of

180

DISTRICTS § 132

a new district works great hardship to any head of
a family, a statement of the facts may be submitted
to the superintendent, and two disinterested persons,
one to be named by the superintendent and one by
the person affected, and if, in their judgment, good
cause be shown for the transfer, he may be trans-
ferred to another district; Provided, further, That
no district shall hereafter be divided for the pur-
pose of forming a new district, unless it contains an
area of more than nine square miles or has an as-
sessed valuation of more than twenty thousand dol-
lars and forty children of legal school age, nor shall
a district be divided, if by so doing the remainder
of the district shall be found to contain less than
twenty persons of school age, and, when practi-
cable, the district shall conform to government
lines; Provided, also, That no city or town shall
hereafter be divided into two or more districts, nor
shall the districts of the first class be divided, ex-
cept upon a vote of the electors of the district, sub-
mitted at an annual election, a majority of all
the votes cast being in favor of such division.
— R. 8. 5908

Note. Sections 24 and 44 above referred to are sections 96
and 144 herein.

Tivo-thirds vote necessary to organize,

1. A two-thirds vole of the electors of the proposed
new district is necessary in order to organize a new district
from old districts.

Territory — size — valuation — children.

2. No district shall hereafter be divided for the purpose
of forming a new district —

a. Unless it contains an area of more than nine square
miles and forty children of school age, and the portion re-
maining contains not less than twenty children of school

181

§133 DISTRICTS

&. Or has an assessed valuation of more than $20,000
and forty children of school age, and the portion remaining
contains twenty persons of school age.

3. As to whether, in counting the number of pupils left
in a district after a division has been made, the count is
made from the present actual residents or from the number
contained in the last census list, clearly it is expected that
twenty persons shall actually be shown to be residing in the
district after the division is made.

Term of office in new district.

4. Members of a school board elected in a new district
at other than a general election hold over until ' the next
regular election, at which time a president should be elected
whose term expires in 1914, a treasurer whose term expires
in 1915, and if such regular election is in 1912, a secretary
should be elected for one year only; but if such election is
in 1913 or later, a secretary should be elected whose term
expires in 1916 or every three years thereafter.

5. When new school districts are formed out of an old
district, that portion of the old district that retains the
original number should be considered the old district, and
any member of the school board residing in that part of the
old district that continues to exist as the old district should
fill out his full term for which he was originally elected.

Family transferred back to old district.

6. If the organization of a new district works a great
hardship to any head of a family, a statement of such facts
should be made to the county superintendent, who, with two
disinterested persons — one selected by him and one by the
person affected — shall decide whether such family shall be
transferred back into the old district.

Text books — vote of people.

7. In case of a new district formed entirely from one
hi which text books are furnished free, the new district
should be entitled to its pro rata share thereof; but the
question of supplying additional free text books in such new
district must be submitted to a vote of the people.

133. Uniting two or more districts — territory
annexed or detached — unorganized territory. Two
or more contiguous districts may be united into
one district. For the purpose of effecting such
union, each district shall, at a special meeting legally

182

DISTRICTS § 133

cnlled for the purpose, determine by ballot whether
or not a majority of the legal voters assembled are
in favor of such union. Those in favor will vote
"yes" and those opposed "no." If a majority of
the voters present in each district vote in favor of
a union, a union meeting shall be called by giving
at least ten days' public notice, at which meeting
the organization shall be perfected by the election
of officers and other necessary proceedings, in the
same manner as provided for the organization of
districts in section twenty-eight of this chapter:
Provided, That where a first class district is joined
in such union with a district, or districts, of a lower
class, the board of directors of such first class dis-
trict shall be held to be the board of directors for
the united district, and the members thereof shall
be entitled to serve the unexpired portion of their
respective terms as such directors of said united
district ; and the board or boards of directors of the
lower class districts in said united districts shall
cease and determine upon notice from the county
superintendent of schools that such districts have
been united under the provisions of this act. Upon
receiving notice from the county superintendent of
such union of districts, it shall be the duty of the
county treasurer to transfer all funds belonging to
said districts to the credit of the new district thus
formed. Provided, That when one or more of the
districts so united, previous to the time of being
united, shall have incurred a bonded indebtedness,
such districts alone shall be subject to the same,
and that none of the other districts uniting under
this act shall be held in any manner subject to such

183

§ 133 DISTRICTS

indebtedness or interest thereon. A portion of un-
organized territory may be annexed to a school dis-
trict, or a portion of one district may be detached
from said district and annexed to a contiguous dis-
trict, by the county superintendent, upon petition,
in either case, of a majority of the legal voters resi-
dent within the territory to be so annexed, subject,
always, to the limitation of section twenty-eight.

Provided, That when there are children of school
age, residing upon unorganized territory, and a ma-
jority of the legal voters of such territory shall neg-
lect or refuse, after being given thirty days' notice
in writing by the county superintendent, to petition
to be annexed to a contiguous district, the county
superintendent may attach such unorganized terri-
tory to a contiguous school district in the same man-
ner as though such petition had been presented
to him.— 8. L. '11, p. 580

Note. Section 28 above referred to is section 132 herein.

Uniting upon petition of legal voters.

1. A portion of unorganized territory may be annexed
to a district by the county superintendent upon petition of
the majority of the legal voters resident within the territory
to be so annexed; or if a majority shall neglect or refuse to
present such petition after thirty days' notice, in writing,
the county superintendent may act as though such petition
had been presented.

2. More than one Section of unorganized territory may
be added to the district upon petition to the county superin-
tendent of a majority of the legal voters within the territory.

3. A county superintendent has a right to detach a
portion of one district therefrom and attach it to a contigu-
ous district upon petition of a majority of the legal voters
residing within the territory to be so annexed with the con-
sent of the voters remaining in said district or of those
residing in the district to which the territory is to be
annexed.

4. It would be illegal to detach property from a cer-
tain school district for the purpose of making it unorganized

184

DISTRICTS §133

territory, since the only provision made for detaching terri-
tory is upon petition requesting that it be attached to some
other district.

5. Organized territory cannot be legally detached from
one district and added to another by the county superin-
tendent without a petition from the residents of the terri-
tory, except in cases where the boundaries are conflicting.

6. When a school district has been annulled and its
territory is being annexed to other districts, people wishing
to become members of other districts may petition to have
land other than their own, and on which no one is residing,
annexed with their land to other districts.

Uniting contiguous districts — vote — notice.

7. Colorado has no law permitting any of its districts
to be united with adjoining districts in other states.

8. The question of whether two or more contiguous
school districts shall unite may be voted on at the annual
school meeting in May, provided the required notice for a
special meeting be given; that is, notices stating the purpose
of the meeting must be posted at least twenty days before
such annual meeting. The notices of the annual meeting
will be sufficient if, in addition to the notice of the election,
a statement that the question of uniting with such contigu-
ous district or districts will be voted upon.

Debts of detached territory.

9. Territory annexed to a school district is liable for
the debts of the district from which it was detached to' the
extent of the tax already levied against such territory at the
time of the division of the district, and this applies to
bonded indebtedness as well.

Transferring of territory.

10. A tenant may be set over to an adjoining district,
even if the owner of the land objects to it, if done in accord-
ance with the provisions of above section.

11. Unoccupied land can only be transferred from one
district to another when transferred with other territory
upon which people reside.

12. No provision is made for simply detaching territory
from a district, so that a person who cannot send a child to
a school held in the district will be exempted from paying
the special tax.

13. The county superintendent cannot transfer terri-
tory from one district to another, except when both districts
are located in the county of which he is superintendent.

185

§ 134 DISTRICTS

14. There is no reason why the territory of a duly
annulled district should not be annexed to an organized
district, regardless o-f whether the latter was bonded at that
time or not, as only the property of the new district which
was included in the original territory of the bonded district,
would be liable for the payment of the bonds.

Annexed territory — census.

15. If territory is added to a district after the annual
census of that district has been taken, the names of persons
of school age residing in the annexed territory should be
added to the census list of the enlarged district, and the
latter given its per capita for the total number.

134. Organization of joint districts. A joint
school district may be formed from territory belong-
ing to two or more contiguous counties. For the
purpose of organizing a joint district, the same pre-
liminary steps shall be taken, and the same course
pursued, as is provided for the organization of other
districts, in sections twenty-seven and twenty-eight.
Such district shall be designated as "Joint District

No . . . , of the counties of

and , " and shall be so

numbered that it shall have the same number in all
the counties from which it is formed. The petition
required by section twenty-seven shall be made to
each county superintendent interested, who shall
unite in forming such districts ; Provided, That the
school census, the record of attendance at school,
the assessing of property, the collection of taxes,
and all other acts which from their nature should
be separately kept or done, shall be kept and done,
and the reports thereof made, as if each portion
of said joint district belonging to each county were
an entire district in the respective counties. The
teachers of such joint district shall have a certificate
from the superintendent of the county in which the

1S6

DISTRICTS , § 134

ol house is located. No joint district shall be
annulled except by the consent of the county super-
intendents of the counties in which such district is
located; Provided, That when any joint district de-
sires to be annulled for the purpose of forming sep-
arate districts, it shall require a majority of the
voters constituting said joint district, at a meeting
called for such purpose.— R. s. 5911

Note. Sections 27 and 28 above referred to are sections 131
and 132 herein.

Deputy not necessarily resident of county.

1. Since there is no statutory law requiring the deputy
of a county superintendent to be a resident of such county,
where there is a joint district practically inaccessible to the
county superintendent of the one county but easy of access
to the county superintendent of the other county, the latter
can be appointed a deputy of the former for the purpose of
visiting such school in compliance with the law.

Territory attached or detached.

2. Territory belonging to a joint district cannot be de-
tached from or attached to an adjoining district without the
consent of all the county superintendents interested in such
joint district.

Formed by dividing counties.

3. In the organization of new counties by the general
assembly the county lines, in a few cases, divided organized
school districts into two parts, leaving the district in two
counties; in such case the district should be considered as a
joint district.

Elections.

4. The general law in regard to the election of school
directors applies to a joint district just as to any other.

Who may vote.

5. All legal voters who are residents in a joint district
may vote upon any questions pertaining to school matters of
said district, save in the matters of bonds, which requires a
voter to be also a taxpayer.

187

§135 DISTRICTS

Secretary's bond — warrants.

6. In a joint district the secretary of such district
should file a bond in both counties and the board should
draw warrants on each county treasurer.

135. When a new district shall be entitled to
public school money — proviso. No new district,
formed as provided in sections twenty-seven and
twenty-eight of this chapter, shall be entitled to
any portion of the public school money until a school
has actually commenced therein, and unless within
six months from the establishment of such district
a school be opened and maintained, as required
by law, the action making such district shall be
void, and all actions had by such district, acting as
a body corporate, shall cease and determine, and all
taxes which may have been levied in the old district
or districts out of which the new one was formed,
shall be valid and binding upon the real and per-
sonal property of the new district, the same as if
said new district had never been organized; Pro-
vided, That the county superintendent may, for
good cause, extend the said six months to eight
months; said time of limitation shall begin to run
from the time of the meeting at which it was voted
to organize the district; whenever any district shall,
for the period of one year, fail to maintain a school
and to keep up its organization of officers, and to
make annual report as required by law, the county
superintendent may declare such district annulled,
and annex its territory to adjoining district or
districts.— #. 8. 5910

Note. Sections 27 and 28 above referred to are sections 131
and 132 herein.

188

DISTRICTS § 135

School actually commenced.

1. A new district is entitled to no portion of the public
school fund until a school is actually commenced therein.
This, however, would not necessarily exclude a district
whose school might be found to be located outside of the
district line through accident, if the school had been com-
menced in good faith.

2. A new school district, as soon as its organization is
complete, is entitled to its share of the special fund standing
to the credit of the old district, of which it was formerly a
part; also to receive each month its share of the uncollected
special tax; providing, always, that a school has been com-
menced in the district in good faith.

Failure to open school within six months.

3. Failure to open a school in a newly organized dis-
trict within six months from the date of organization makes
void all proceedings pertaining to the formation of the dis-
trict, unless the time for opening a school therein be ex-
tended to eight months by the county superintendent.

Territory attached and detached.

4. Territory annexed to a school district is liable for
the debts of the district from which it was detached to the
extent of the tax already levied against such territory at the
time of the division of the district.

5. Territory detached from a district which has been
bonded is not released from taxation to pay both principal
and interest of such bonds. Such detached territory is liable
for such taxation until the bonds have been fully discharged,
the same as if it had remained a part of the original district.

6. Lands to which title has not been obtained from the
government at the time school bonds are issued by a district
of which such lands form a part are not subject to tax for
the payment of such bonds. Hence, if said lands are set off
or detached from the district before title is perfected, they
are not subject to a bond tax in the original district when
title is complete.

7. A remote part of the district cannot take steps after
bonds have been voted, and before they are issued, to set
itself apart and form a new district, thus avoiding its lia-
bility for interest and principal on the bonds.

Annulment of district.

8. According to the law, whenever any district shall,
for a period of one year, fail to maintain a school and keep
up its organization of officers, and to make an annual report

189

§135 DISTRICTS

as required by law, the county superintendent may declare
such district annulled, and annex its territory to adjoining
district or districts, but such action must be taken by county
superintendent before such district ceases to exist.

9. There is no law providing for the annulling of a por-
tion of a district that it may become unorganized territory,
and it does not seem good policy to do so.

10. If a district is entirely deserted and has failed to
make its annual report,- etc., as specified in section 135 of
the school law annotated, the county superintendent should
declare it annulled, and annex it to an adjoining district
simply by declaring it so added, and making the proper
record. The act of uniting the two originates and con-
cludes with the county superintendent, subject only to the
restrictions specified in the law.

11. A district may be annulled when, for the period of
one year, it has failed to maintain a school, keep up its
organization of officers, and make its annual report as re-
quired by law.

When not annulled.

12. "Whenever any district shall, for a period of one
year, fail to maintain a school and keep up its organization
of officers and to make its report as required by law, the
county superintendent may declare such district annulled
and annex the territory to an adjoining district or districts."
Therefore the mere fact that school has not been held in a
district is not sufficient to warrant the county superin-
tendent in annulling the district.

13. A school district, having kept up its organization
and maintained a four months' school during the year, can-
not be annulled for simply failing to make the annual re-
port, as this failure is chargeable to the secretary, and if
any damage ensues to the district he should be held on his
bond.

14. Four months of school in each school year are nec-
essary in order that a district may hold its organization.
Three months of school are necessary to entitle a district to
its share of the public funds. This practically makes four
months of school necessary in each district.

15. A district in which there are no pupils of school
age residing may keep up an organization for an indefinite
time by electing officers and making all necessary reports.

16. If the county 'superintendent does not declare the
district annulled, and it maintains a public school at least
three months of the school year, it shall be entitled to the
school fund for that year. This does not conflict with the

190

DISTRICTS §§136-137

decisions referred to, since a district is not annulled, except
as the county superintendent declares it so.

Disposition of fund — when district annulled.

17. If a school district has failed to hold school for one
year, and has failed to keep up its organization, the funds
belonging to such district should be turned into the county
general fund, unless its territory is attached to another dis-
trict, in which case the money should be transferred to the
district to which it is attached.

CONSOLIDATED DISTRICTS.

136. Consolidation defined. For the purpose of
this act the word "consolidation" is hereby defined
as providing for the abolishment of certain adjoin-
in if school districts and their organization into one
special school district, and for the conveyance of
pupils to one consolidated school. — 8. L. '09, p. 492

137. School boards may submit question. The
school boards of two or more adjoining school dis-
tricts may submit the question of consolidation, and
upon the petition of not less than one-fourth of the
qualified electors of such school districts, must sub-
mit such question to a vote of the qualified electors
of such districts. For the purpose of determining
the question, the secretary of the school board in
each district affected shall, by giving legal notice,
call a special meeting to be held at the usual place
of holding school district elections. The legally
qualified electors when assembled in accordance with
the notice above specified shall vote by ballot for
or against such consolidation. Those in favor will
vote "For consolidation"-— Yes, those opposed, "For
consolidation" — No. If at said election more votes
are cast against the proposition for consolidation
than for it the question shall not be again submitted

191

§§138-139 DISTRICTS

to the electors of said adjoining districts for a pe-
riod of one year.— s. L. '09, p. 492

1. There is no statute which makes several districts,
consolidated under the act of 1909, liable for the bonded
indebtedness of one of the districts. It seems that the
property originally bonded will have to pay the indebtedness
due.

138. Call meeting to organize district. If a ma-
jority of the electors vote in favor of consolidation
it shall then be the duty of the school board in the
district affected which has the largest school enu-
meration to call a union meeting by giving at least
twenty days' public notice in each district affected,
at which meeting the organization of the consoli-
dated district shall be perfected by the election of
officers and other necessary procedure. After the
organization of the union meeting is completed by
the election of a chairman and secretary it shall pro-
ceed to elect, by ballot, a board of directors for
such consolidated district, consisting of a president,
a secretary and a treasurer, who shall be held to
constitute the board of directors of such consolidated
district until the next annual school election, at
which election one president shall be elected for a
term of three years, one secretary for two years and
one treasurer for one year, and annually thereafter
a person to fill the vacancy occurring. Provided,
That when a district of the first class is joined with
a district or districts of a lower class the board of
directors of said first class district shall be held to
be the board of directors of the consolidated dis-
trict and shall serve out the term for which they
were elected.— &. L. '09, p. 492

139. Purchase site — erect building — transport
children. As soon as the organization of a special

192

DISTRICTS § 140

school district as herein contemplated shall have
been perfected and its officers elected, it shall be the
duty of the school board of such consolidated school
district, if necessary, to purchase a site and erect
a suitable building thereon, and said school board
is hereby required to maintain and support a graded
course of instruction, and may include a high school
course of not less than two years, and may at its
discretion furnish transportation to and from school
to all pupils living one mile or more from the con-
solidated school or building. Said distance to be
measured from the enclosure immediately surround-
ing their residence to the school house property
along the public highway, provided, that the person
or persons employed for the purpose of transporting
the pupils to and from school shall be required to
give a reasonable bond for the faithful perform-
ance of duties as prescribed by the school board.
— S. L. >11, p. 579

140. When new district entitled to share of
funds — apportionment. When a new district is
formed from one or more old ones, the school funds
remaining to the credit of the district, after pro-
viding for all outstanding debts, excepting debts in-
curred for building and furnishing school houses,
shall be divided as follows: The basis of division
for the school fund shall be the school population,
as shown by the last school census before the di-
vision of the district or districts occurred, and shall
apply such funds as remain to the credit of said
old district or districts at the time of the organiza-
tion of said new district, and each district shall re-
ceive funds in proportion to its per cent, of the said
census. In case of division, each district shall own

193

§ 140 DISTRICTS

and hold all permanent property, such as sites,
school houses and furniture, situated within its
boundaries. All division of funds under this pro-
vision shall be made by the county superintendent,
and when there are unpaid special taxes on the
county tax book belonging to a district at the date
of its division, the county treasurer, upon being no-
tified of such division by the county superintendent,
shall retain all money received in payment of said
special tax until the same shall be apportioned by
the county superintendent, whose duty it shall be
to apportion said money monthly, between the frac-
tions of the divided district, according to the loca-
tion of the property on which said tax was levied.
At the first apportionment after the organization of
a new district, the county superintendent shall ap-
portion to such district its per capita proportion
of the general fund, but no money", either from the
general or special fund, shall be paid out of the
county treasury on account of such district until
a school [house] shall have been begun therein in
good faith.— R. s. 5912

When district cannot be annulled.

1. The above section of the school law provides for dis-
tributing any school funds remaining to the credit of a dis-
trict when a new one is formed from one or more old ones;
but there is no law providing for the payment of the indebt-
edness of a district in case it should be disorganized and
wiped out of existence. The legislature never intended that
a school district should be disorganized until all its out-
standing obligations are provided for. The superintendent
may declare the district annulled, and at the same time
provide, in the order in which it was contracted, for the pay-
ment of such indebtedness by the district to which the terri-
tory should be attached, providing such district should con-
sent thereto. He certainly should not make an order annul-
ling the district until some provision is made for the pay-

194

DISTRICTS § 141

ment of its outstanding warrants; and if he nas done so, in
any case it could not have the effect to cancel such indebt-
edness or make it invalid.

Teacher's contract.

2. When a school district has been divided, in the
division of funds between the old district and the newly
organized district the clause in above section which states
that "after providing for all outstanding debts, etc.," cannot
be interpreted to mean contracts made with teachers for
certain months of school which are yet untaught. No debt
exists for the months of teaching which are yet to come.

141. Districts may hold real estate — proviso. It

shall be lawful for any school district in this state
to take and hold, under the provisions of any law
now or hereafter in force providing for the exercise
of the right of eminent domain, so much real estate
as may be necessary for the location and construc-
tion of a school house and convenient, use of the
school; Provided, That the real estate so taken
otherwise than by the consent of the owner thereof,
shall not exceed in districts of the first class, three
acres, if real estate be unplatted, and not exceeding
one block if real estate be platted, and in districts
of all other classes, not exceeding one acre.
—R. 8. 5914

Note. Chapter 31 referred to is the chapter on "Eminent
Domain."— R. S., chap. xlv.

Qualified fee in land.

a. A conveyance of land to a school district by a quit-
claim deed, subject to condition that the land should be
used for school purposes, and when not so used should re-
vert to grantor, vests a qualified fee in a district, and
until it ceases to use the same for school building the
grantor is divested of all interest in the land.— D. & S. F.
R'y Co. v. School Dist., 14 C. 327

Power to condemn.

1. Upon showing that such action is necessary for the
location and construction of a school house and convenient
use of the school, directors may, under the "Eminent

195

§ 141 DISTRICTS

Domain Act," condemn land as above provided, and the
owner must accept the amount of damage awarded.

2. Section 15, article 11, of the constitution, gives the
right, and chapter 45 of Revised Statutes provides a com-
plete plan, of procedure for condemning private property for
public use.

Belongs to school district.

3. When land has been taken by a school district under
the provisions of the "Eminent Domain Act," if it has been
used for school purposes and no other, it belongs to the
school district, and not to an individual who has recently
made purchase of the quarter section of which such acre is
a part. The individual purchasing .the land cannot collect
rent from the district and cannot demand pay for the land.

Title obtained through individual.

4. A school district cannot perfect a title to land, as
this is the power of an individual only. Before the district
purchases the land the patent should be issued to some one,
otherwise the title would be insecure.

Building on school land.

5. There is no authority in law giving the privilege to
build upon school land without first receiving a grant from
the state land board. Upon application to the register of
such board, accompanied with plat and field notes of the
survey, one acre will be granted your district for school
purposes.

196

ELECTIONS

142. Annual elections — notices posted — publica-
tion— ballot. The regular election for electing mem-
bers of school boards or boards of education shall
be held biennially in each school district of the first
class, and annually in each school district of the
second and third classes on the first Monday in
May, beginning with the year 1911, at which time
it shall be lawful in school districts of the third
class to transact any business pertaining to schools
and school interests.

The secretary of each school board shall cause
written or printed notices to be posted, specifying
the day and the place or places of such election, the
boundaries of election precincts, if any, and the
time during which the ballot box or boxes shall be
kept open, not less, however, than three hours in
districts of the second and third classes, and further
specifying at what hour and place any other busi-
ness shall be transacted. In districts of the first
class the ballot box or boxes shall be kept open
from seven o'clock a. m. to seven o'clock p. m. Said
notices shall be posted in at least three public places
in the district, and additionally at each school house,
at least six days prior to the time of election ; and
in districts of the first class, said notice shall be
published weekly for the four weeks next preced-
ing such election, ,n some newspaper published in
the district, and if there be no paper published in
such district, then in a paper published in an ad-
joining district; provided that in those districts hav-
ing a school population of more than three thousand

197

§142 ELECTIONS

the said notice shall be posted as aforesaid at least
eight weeks previous to the time of election and
published in a newspaper as aforesaid once each
week for a period of eight weeks next preceding
such election. If the secretary shall fail to give
such notice, then any two legal voters residing in
the district may give such notice over their names,
and such election may be held after the day fixed
by this act for such election. — 8. L. 'ii, p. 588

First class district — section amended.

Note. Section 142 herein provides that the regular election
for electing members of school boards in first class districts shall
be held biennially on the first Monday in May, 1911. Section 110
provides that at the regiilar election in 1913, and every six years
thereafter, there shall be elected two directors; in 1915, and
every six years thereafter, two directors; Jn 1917, and every six
years thereafter, one director; and that the term of office of all
directors of first class districts shall be six years. This means
that the vacancy occurring by the expiration of the present five-
year-term director, expiring in 1912, must be filled by the board
until the regular election of 1913, at which time another five-
year term will have expired, and two directors can then be
elected for six years, in accordance with the present law. In
1914 another five-year term expires, to be filled by the board
until the regular election of 1915, when another expires, and two
members can be elected for six years. In 1916 the last five-year
term expires, and the vacancy must be filled until the regular
election of 1917, when the fifth member of the board is elected
for six years.

Directors — second and third class districts — election.
Note. Prior to the enactment of Section 110 herein second
and third class districts were grouped under three general heads,
on account of the fact that like officers were elected in different
years. This classification will no longer exist after 1913, as the
present law provides that the term of the president in all second
and third class districts shall expire in 1914, that of the treas-
urer in 1915 and that of the secretary in 1916. Until the election
of 1914, however, the various officers should be elected in the
different groups at the general school election in the years and
for the periods of time, as follows: In the first group, organized
prior to March 20, 1877, in 1912, a president for two years; if a
vacancy in office of treasurer, a treasurer for three years; if a

193

ELECTIONS § 142

vacancy in office of secretary, a secretary for one year. In 1913,
a treasurer for two years; if a vacancy in office of president, a
president for one year; if a vacancy in office of secretary, a sec-
retary for three years.

In the second group, organized between March 20, 1877, and
April 4, 1887, in 1912, a secretary for one year; if a vacancy
exists in office of president, a president for two years; if a
vacancy in office of treasurer, a treasurer for three years. In
1913, a president for one year; if a vacancy in office of treasurer,
a treasurer for two years; if a vacancy in office of secretary, a
secretary for three years.

In the third group, organized since April 4, 1887, in 1912, a
treasurer for three years; if a vacancy in office of secretary, a
secretary for one year; if a vacancy in office of president, a pres-
ident for two years. In 1913, a secretary for three years; if a
vacancy exists in office of president, a president for one year;
if a vacancy in office of treasurer, a treasurer for two years.

In new districts, a board elected at other than a general
election holds over until the regular election, at which time a
president shall be elected whose term expires in 1914, a treas-
urer whose term expires in 1915, and if such regular election is
in 1912, a secretary for one year only, but if such election is in
1913 or later, a secretary should be elected whose term expires
in 1916 or every three years thereafter.

Census showing one thousand — directors — election — appointment.

Note. That portion of section 129 of the Schoo^Laws Anno-
tated, 1912, included in brackets has been amended by implica-
tion by sections 110 and 142 herein, so that, in case the census
of 1912 should show a thousand or more children of school age
in a second class district, it would be the duty of the two hold-
over members on the first Monday in May to appoint three mem-
bers of the board, to serve until the regular election of 1913, at
which time two members shall be elected for six years, one
member for four years and one member for two years. In case
the census showed such number of children in 1913, then two
members should be elected for six years and one for four years.
If such showing were made in 1914, then three members should
be appointed until regular election of 1915; and then and there-
after the same procedure as above should be followed, and all
vacancies occurring in even years should be filled only until the
next regular biennial election, and then elected in numbers and
for periods of time to correspond with the provisions' of section
110 herein.

Annual election — place — time — notice.

1. The regular annual election for members of school
boards is held on the first Monday in May throughout the

199

§ 142 ELECTIONS

state. Any business pertaining to schools and school in-
terests may be transacted at that time. Notice, however,
must be given of the "time and place" of voting such busi-
ness.

2. It is not possible for school districts of the third
class to have more than one voting place.

3. The question of whether two or more contiguous
school districts shall unite may be voted on at the annual
school meeting in May, provided the required notice for
a special meeting be given — that is, notices stating the
purpose of the meeting must be posted at least twenty days
before such annual meeting; and the notices of the annual
meeting will be sufficient if, in addition to the notice of
the election, a statement that the question of uniting with
such contiguous district or districts will be voted upon.

Moving building — vote.

4. In order to vote upon the question of moving a
school building, at an annual election, such contemplated
business should be stated in the notice. The majority vote
necessary to carry the same refers to the voters present,
and not to all the electors of the district.

5. If on account of unforeseen circumstances the place
designated in the notice cannot be used for holding the
election, the nearest accessible place should be utilized and
a trustworthy elector stationed at such designated polling
place during voting hours to direct those desiring to vote
to the new polling place.

6. The result of a school election must stand as an-
nounced by the judges until set aside by the courts in a
contest proceeding.

Polls open three hours.

7. A school election in second and third class districts
at which the polls are not kept open three hours and the
voting done by ballot is illegal.

8. It is unlawful for the ballot box for voting on the
question of bonding the district to be open at the same
time as the one for the election of school officers.

Judges of election.

9. The fact that there were but two judges at a school
election would not invalidate the election, if legally con-
ducted in other respects.

Tax levy reconsidered — when.

10. While the law does not permit the changing of a
tax levy made at the annual meeting in May and certified

200

ELECTION'S §143

to by the school board of the district, the district would
have a right to call a special meeting to vote an addi-
tional special tax of two or any other number of mills that
would be inside the limit up to which a third class dis-
trict is permitted to levy.

ScJiool board when not bound by action of electors.
11. A school board does not have to carry out all
I motions made and carried at the annual meeting of elec-
|tors, unless such motions cover matters upon which the
electors are entitled to pass.

143. Electors - - directors - - qualifications -
publish names — ballots — registration — county clerk
furnish — judges — challengers — watchers - - fraudu-
lent— voting — oaths — certificate — taxpayers — brib-
ery— fraud. Every elector qualified to vote at, a
general election, having been a resident of the school
district for thirty days next preceding the date of
election shall be entitled to vote at school elections,
provided that he has been first duly registered as
hereinafter provided in this act, for districts hav-
ing a school population of more than three thou-
sand.

In districts of the first and second classes any
person who may desire to be a candidate for the
office of school director shall file a written notice
of such intention with the secretary of the school
district in which he resides at least eight days prior
to. the date for the holding of the election of school
directors, provided that in districts of the first class
the said candidate or candidates, in addition to
filing such written notice shall also file a certificate
of nomination signed by not less than fifty qualified
electors of said district, which certificate of nomina-
tion shall contain the name of the office for which
such person or persons is nominated, the name,

201

§ 143 ELECTIONS

Post Office address and residence of each of such
persons, and if in a city the street number of resi-
dence and place of business, and the secretary of
said school district shall, for five consecutive days
preceding the day of said election publish in some
daily newspaper published in said district, or wlien
no daily newspaper is published in such district,
then by posting a printed or written notice in not
less than five public places in such district and at
each school house in such district, the names of all
candidates who have been nominated as above pro-
vided.

In districts of the first and second classes the
said secretary shall have printed ballots prepared
bearing the names of all candidates so nominated,
which names shall be arranged in alphabetical order,
according to the surnames of the candidates; and
on the ballot shall be printed such words as will in-
dicate the .number of directors or members of the
board of education to be elected. All such ballots
shall be uniform in every respect and of sufficient
length and width to allow all the names of the can-
didates to be printed in clear plain type, and so as
to give each elector an opportunity to designate by
a cross-mark (X) in a sufficient margin at the right
of the name of each candidate, his choice of candi-
dates. There shall be printed on the back of each
ballot the following endorsement :

" Official Ballot of School District No in

the' County of and State of Colorado,"

together with the date of the election and a fac-
simile of the signature of the secretary of the school
district.

202

ELECTIONS §143

In school districts having a school population of
more than three thousand, no person shall hereafter
be permitted to vote at any school election, without
first having been registered in the manner required
by the provisions of this act.

Any person possessing all the qualifications of
an elector in any school district, whose name ap-
pears on the registration list made according to law
for the general election of county officers in the
county in which the school election precinct in which
such person resides is situated next preceding any
school election in such district shall be entitled to
vote at such school election.

In school districts having a school population of
more than three thousand, any person possessing all
the qualifications of an elector, whose name does
not appear upon the registration list of the voting
precinct, in which he resides, made according to law
for the next preceding general election of county
officers in his county may, not less than thirty days,
nor more than sixty days prior to the time of any
school election, appear before the county clerk of
the county in which he resides, or if the district is
not located in the county seat, appear before the
secretary of the school board of the district in which
he resides, and, upon making oath before said county
clerk or district secretary of his qualifications as
an elector, and answering to said county clerk or
district secretary all the questions required by law
to be answered for registration for a general elec-
tion, cause his name to be placed upon the registra-
tion list for such school election by said county
clerk or district secretary.

203

§ 143 ELECTIONS

The county clerk of each county wherein there
shall be one or more school districts having a school
population of more than three thousand shall prior
to the time of holding any election in said school
district make a full and complete copy of the regis-
tration list of the qualified voters of each school
election precinct as the same shall be designated
and bounded by the board of directors or the board
of education of any such school district having a
school population of more than three thousand,
which list shall contain the names of the qualified
voters according to the registration list made for
the next preceding general election of county of-
ficers, together with such changes, additions and
amendments as shall have been made by said county
clerk in making new registrations as provided by
this act, and shall certify the same under his hand
and official seal, and shall deliver the same to the
secretary of such school district not less than five
days prior to the time of the holding of an election
in said school district.

The said school district shall pay to the county
clerk as his fee for making and certifying said reg-
istration lists the sum of one cent for each and every
name therein contained or added thereto by new
registration.

In districts of the first and second classes the
board of directors or board of education may, not
less than sixty days prior to the time of the hold-
ing of any school election divide the district into
such number of election precincts as they shall see
fit and fix the boundaries of the same, and in each
case they shall designate one voting place in each

204

ELECTIONS § 143

of said election precincts. Immediately upon so di-
viding said districts the secretary of any school dis-
trict having a school population of more than three
thousand shall certify to the county clerk of the
county in which the said district is situated the lim-
its and boundaries of said election precincts. 'When-
ever the board of directors or board of education
shall divide a district into election precincts they
shall, prior to the time of holding such election, ap-
point three judges for each of the said election pre-
:?incts, each of whom shall be a qualified elector of
the school election precinct for which he is ap-
pointed, who shall not be members of the school
board.

In school districts of the third class the direct-
ors or members of the board of education shall act
as judges, and each voter shall prepare his own
ballot by writing the name of the candidate or can-
didates for whom he wishes to vote on a piece of
paper.

In case one or more judges of election shall be
absent at the time and place stated in the notice for
the opening of the polls and ballot boxes, one or
more duly qualified electors shall be chosen by viva
voce vote of the qualified electors present to fill the
vacancy or vacancies.

Any person offering to vote at any school elec-
tion in any district may be challenged by any legally
qualified elector of the district and thereupon the
judges of election or one of them may require him
to answer, under oath, such questions touching his
qualifications as a voter as they see fit. One of the
judges shall administer to him the oath, as follows :

205

§ 143 ELECTIONS

"I do solemnly swear or affirm that I am a
citizen of the United States; that I have resided in
this state for one year immediately preceding this
election; in this county ninety days and in 4his
school district thirty days. That I am twenty-one
years of age and that I have not previously voted
at this election, so help me God."

If the person so challenged shall refuse to make
such oath or affirmation, his vote shall be rejected.
Each candidate voted upon at any school election
in any school district shall have the right to appoint
in each school election precinct any person who is a
qualified elector of such school district, to remain
with the polling places during the casting and count-
ing of votes and the declaration of the result there-
of. Such watcher may also act as challenger when
there is reason to believe that any person about to
vote is not entitled to vote at such election precinct.
If any elector shall vote more than once or having
voted once shall offer to vote again at any school
election or shall deposit or offer to deposit in the
ballot box at any school election more than one bal-
lot, he shall be deemed guilty of a crime and upon
conviction thereof he shall be fined not less than
fifty dollars and shall be imprisoned in the county
jail for not less than three months.

Prior to the time of any school election, the sec-
retary of each school district of the first class shall
provide ballot boxes and cause to be prepared two
duplicate poll-books for each voting place in his dis-
trict. On the first page of said poll-books shall be
printed a blank form of oath, to be taken by each
of the judges of election, substantially as follows:

206

ELECTIONS § 143

"I, , do solemnly swear (or

jiff inn) that I will perform the duties of judge of
election according to law, and to the best of my
ability; that I will studiously endeavor to prevent
fraud, deceit and abuse in conducting same; that
T will not try to ascertain how any electors shall
vote, and if in the discharge of my duties such
knowledge comes to me, I will not disclose the same
unless required to do so in some court of justice,
so help me God."

Subscribed and sworn to before me this
day of A. D

Judge."

The said oath shall be taken and subscribed by
each of the judges of election before any votes shall
be received. Any of the judges of election shall
have the power and authority to administer said
oath.

The next succeeding several pages of said poll-
book shall contain in one column, a series of num-
bers beginning with the number one and in an ad-
joining column, spaces opposite said numbers, in
which a judge of election shall write the names and
addresses of the electors as they respectively present
themselves for voting. On one of the latter pages
of said poll-books shall be printed a blank form of
certificate of return, substantially as follows:

"To the Board of Education of School District

No in the County of , in

the State of Colorado:

207

§ 143 ELECTIONS

At an election held at in elec-
tion precinct No of said school district on

the day of A. D ,

the following named persons received respectively
the number of votes placed opposite their names for
the office of director or member of the board of edu-
cation of said school district, to-wit:

A. B. received votes.

C. D. received votes.

E. F. received votes.

Gr. H. received votes.

The whole number of votes cast was

The number of excess ballots was

The number of unused ballots

J. K.,
0. P.,
L. M.,
Judges."

In school districts having a school population of
more than three thousand, when any elector ap-
pears for voting he shall give his name and place
of residence to one of the judges. If his name shall
be found on the registration list, and if the judges
shall be satisfied that he is a qualified elector, his
name and address shall be entered by the judge of
election having charge of the poll-books in the col-
umn prepared for that purpose provided that it
shall be entered in each poll-book opposite the same
number. The other judge shall thereupon write on
the back of a blank ballot with ink, or indelible pen-
cil, the number opposite that an elector's name in
the poll-book, together with his (the judge's) ini-
tials, and shall hand the ballot to the elector, who

208

ELECTIONS § 143

shall retire with it within the enclosure and prepare
it for casting by marking a cross (X) opposite the
names of those candidates for whom he desires to
vote, or by drawing a line or lines through the
names of those candidates for whom he does not
wish to vote or by otherwise indicating his choice.
After having prepared his ballot, the elector shall
return the same to the judge from whom he received
it, so folded as to expose the number and initials
written on the back thereof by the judge, but not
disclose the marks on the face thereof indicating
the elector's vote. That judge shall examine the
number and the initials on the back of said ballot,
and if they indicate that it is the same one which
was issued to that elector, the judge shall again
write his initials on the back of the same, and re-
turn it to the elector, who shall deposit it in the bal-
lot-box.

Provided, however, that at all elections held for
voting upon a proposition to create or contract a
debt by loan for the purpose of erecting or furnish-
ing school buildings, or purchasing school grounds,
only such qualified electors of the district shall vote
thereat as shall have paid a school tax in such dis-
trict for the year next preceding such election.

If any person shall falsely personate a voter and
shall vote under the name of such voter he shall
be deemed guilty of a crime and upon conviction
thereof, he shall be fined not less than fifty dollars
and shall be imprisoned in the county jail for not
less than three months.

It shall be unlawful for any person, directly or
indirectly, by himself or through any other person,

209

§ 143 ELECTIONS

(a) To pay, loan or contribute, or offer or prom-
ise to pay, loan or contribute, any money or other
valuable consideration to or for any voter to vote
or refrain from voting at any school election pro-
vided by law, or to induce any voter to vote or re-
frain from voting at such election for any particular
person or persons, or to induce such voter to go to
the polls, or remain away from the polls at such
election, or on account of such voter having voted
or refrained from voting for any particular person,
or having gone to the polls or remained away from
the polls at such election.

(b) To give, offer or promise any office, place
or employment, or to promise or procure or endeavor
to procure any office, place or employment, to or
for any voter, or to or for any other person, in or-
der to induce such voter to vote or refrain from
voting at any school election provided by law, or to
induce any voter to vote or refrain from voting at
such election for any particular person or persons.

(c) To advance or pay, or cause to be paid, any
money or valuable thing to or for the use of any
person, with the intent that the same or any part
thereof shall be used in bribery at any school elec-
tion provided by law, or to knowingly pay or cause
to be paid any money or other valuable thing to any
person in discharge or repayment of any money,
wholly or in part, expended in bribery at any such
election.

Any person convicted of any of the offenses men-
tioned in paragraphs (a), (b) and (c) of this act
shall be punished by a fine of not less than fifty
dollars nor more than five hundred dollars, or im-

210

ELECTIONS §143

prisonment in the county jail for not less than six
months nor more than one year, or by both fine and
imprisonment.

If any elector at any school election shall be
guilty of wilful and corrupt false swearing or affirm-
ation by any oath or affirmation prescribed by law
in the conduct of such election, such person shall
be deemed guilty of perjury and upon conviction
thereof shall be punished by a fine of not less than
fifty dollars or to exceed five hundred dollars or
imprisonment in the county jail not to exceed one
year.

If any judge or clerk of a school election shall
knowingly and wilfully permit any person to vote at
any school election who is not entitled to vote there-
at, or shall knowingly and wilfully permit any per-
sons to vote more than once at such election, or
shall knowingly and wilfully permit any person to
deposit more than one ballot in the ballot box at
such election, or shall be guilty of any fraud in the
conduct of any such election, or shall knowingly
permit the commission of any fraud or deceit on the
part of any other person in the conduct of such
election, such judge or clerk shall be deemed guilty
of a crime, and upon conviction thereof shall be
fined not less than fifty dollars and shall be im-
prisoned in the county jail for not less than three
months.— s. L. 'ii, p. 589

Note. See Qualifications of Electors, article VII, section 1,
constitution.

Change of residence.

a. To constitute a change of residence qualifying one
to vote, the abandonment of the old residence must be
actual, and the mere intention to change the domicile, un-

211

§143 . ELECTIONS

accompanied by an actual removal, does not constitute
such change. — People v. Turpin, 49 C. 234

Qualifications of electors.

1. If persons spend the winter in town, voting in the
town in the fall, and return to their homes in another dis-
trict less than thirty days previous to a school election,
they are not entitled to vote, since their action in voting in
the November election is a declaration of their residence
in the town.

2. Every person, male or female, over the age of
twenty-one (21) years, who shall be a citizen of the United
States, and shall have resided in this state twelve (12)
months immediately preceding the election at which he
offers to vote, in the county ninety (90) days, and in the
district thirty (30) days, shall be a legal voter at an an-
nual school election.

3. In third class districts — that is, districts having
under 350 school population — the provision of section 143,
requiring eight days' notice of candidacy, is not applied.
It is only in districts of the first and second class — dis-
tricts having over 350 school population — that candidates
are required to file written notice of such intention with
the secretary of the school district at least eight days prior
to the day of holding the annual election.

4. The fact that an elector is not a taxpayer does not
disqualify him from holding office, either by election or by
appointment.

5. There is nothing illegal in a man and his wife
being members of the same school board. Since more than
one director may be elected from the same family.

When election illegal.

6. An election is not illegal simply because some per-
sons were not permitted to vote, even if it is shown that
such persons had a right to -vote. If the ballots excluded
would change the result of the election there would be
strong grounds for contesting the election. The law does
not provide for the imposing of fines upon members of
school boards who have not allowed persons to swear in
their votes.

7. If the candidate who received the twenty votes
was not a qualified elector, his election was invalid, and
a special election should be called by the board within ten
days and notice be given as required for regular election.

212

RL/ECTIONS § 143

Judges of election must take oath.

8. A school board of a first class district can not
legally appoint any one to act as judge of a school election
without requiring such person to take the oath for the
same.

Legal voter.

9. If you are not a resident of the district you could
not legally be elected as a director of that district.

10. Actual residence determines one's voting place.
The fact that a person has "taken up" a homestead, but is
not at the time he offers to vote located upon his home-
stead, does not deprive him of the right to vote in the
place of his actual residence; but if a person is holding
a homestead claim in good faith, he must retain his resi-
dence in the school district in which said homestead is
located.

11. A person who has lived in a district for over a
year and a half and who, after teaching six weeks in the
district, goes away for a certain time, expecting to return,
is entitled to vote in such district if possessed of the other
legal qualifications.

When an elector not a taxpayer can vote.

12. Any person not a taxpayer, but otherwise a legal
voter, is entitled to vote at a regular or special district
school meeting upon all matters coming before such meet-
ing, except upon a proposition to contract a debt by loan.

13. It is not necessary that an elector voting to place
free text books in a school should have been a taxpayer in
the school district for the year preceding the election.

14. It is not necessary that one should be a taxpayer
to vote on the question as to where a school is to be held
or a school building is to be erected. Any legally qualified
elector has a right to vote on all questions save those re-
lating to bonded indebtedness.

Must ~be taxpayer to vote on bonds.

15. All legal voters who are residents in a joint dis-
trict may vote upon any questions pertaining to school
matters of said district, save in the matter of bonds, which
requires a voter to be also a taxpayer.

Who may challenge oath.

16. A person residing outside of the boundaries of a
proposed new district has no legal right to challenge a
voter residing within the same.

213

§ 144 ELECTIONS

17. The president of a school board, .when acting as
a judge of election, can administer the oath to a challenged
voter, the fact that the president requires the oath being
equivalent to a challenge.

Procuring site for school house.

18. The proposition to build a school house includes
procuring a site therefor. The interpretation of the law
relative thereto is: First, that a vote is necessary; second,
that if the land were purchased without such a vote, the
sale would be invalid; third, section 143 of the school law,
will govern the qualifications of voters.

Who may "be director.

19. A person cannot legally be elected a director who
is not a resident of the district.

20. The laws of Colorado do not in any way prohibit
a saloonkeeper from holding office as a school director, if
he has been elected to that office in a legal manner.

21. More than one director may be elected from the
same family.

Candidacy — when vacancy occurs.

22. In the first class district, when a vacancy occurs
after the advertisement of the regular election, any per-
son desiring to become a candidate for director, may do
so by filing a written notice of such intention with tne
secretary of the board at least eight days prior to the day
of holding the election. If the vacancy occurs after eight
days before election, the board should fill the vacancy un-
til the regular election.

144. Counting votes — special election — excess
ballots — disposition of poll books — canvass of votes
— contest. Immediately after the close of the polls
the judges shall open the ballot box and proceed to
count the votes polled, and shall continue to count
without adjournment until finished. If, for any*
cause, no election be held at the regular time, or
if, upon counting the votes, there be a tie vote for
any one or more of the officers, a special election
shall be called by the board within ten days, and
notice thereof given as required in section 5918

214

ELECTIONS §144

of the revised statutes of the state of Colorado of
1908, as hereby amended. A failure to give the
prescribed notice of such special election shall ren-
der the election void.

If in school districts of the first class it shall
be found that the number of ballots in the box or
boxes exceeds the number of names entered in the
poll books, the judges of election without unfolding
the ballots, shall examine the endorsement on the
backs of the same, and, if in their opinion any one
or more of them is spurious, they shall be separated
from the others unopened, and shall not be counted,
but shall be enclosed in a package by themselves,
marked " excess ballots" and returned to the bal-
lot box. A record of the number of such excess bal-
lots shall be made and certified to the board of di-
rectors or board of education in the certificate of
returns.

As soon as all the ballots shall have been counted
the judges shall make out the certificate of returns
in each poll-book in duplicate, under their hands,
stating the number of votes cast, the number of ex-
cess ballots, and the number of unused ballots and
the number of votes received by each candidate
in both words and numerical figures.

One of the poll-books, together with the regis-
tration list of voters, shall be enclosed and sealed
under" cover, and forthwith delivered by one of the
judges to the secretary of the board of education
or board of directors of said school district.

After the ballots have been counted they shall
be returned to the ballot box, together with one of
the poll-books; the ballot box shall thereupon be

215

§ 144 ELECTIONS

closed, locked and sealed by the judges of election
and shall forthwith be returned to the secretary of
the board of directors or board of education of that
school district by one of the judges other than the
one designated to return the poll-books and regis-
tration list. If the judges of election can not agree
upon the question of which of them shall return
the poll-books and registration list, and which the
ballot box, all three of the judges shall return both
together.

Upon receiving the ballot box and the poll-books
and registration list the secretary of the board of
directors shall give his receipt therefor. Imme-
diately upon receiving all the returns of election
the secretary shall call a meeting of the board of
directors or board of education to meet not more
than twenty-four hours later. At such meeting the
board of directors or board of education shall pro-
ceed to open and examine the said certificate of re-
turns and shall canvass the votes cast, and it shall
be the duty of the said board immediately upon the
conclusion of such canvass to make out and deliver
a certificate of election to the candidates who shall
receive the highest number of votes, or where there
is more than one vacancy to be filled, to those can-
didates who shall receive the highest number of
votes, which said certificate shall be signed by the
president and secretary of the board and bear the
impression of the corporate seal of the board.

The board of education shall preserve the ballot
boxes unopened and intact until thirty days prior
to the next school election, when the secretary shall
open the same and burn their contents, unless the

216

ELECTIONS § 144

board shall be required to produce them in court of
justice.

Proceedings to contest the election of any per-
son declared duly elected as a member of the board
of education of any district in this state may be
instituted by any qualified elector of such school
district. Such proceedings shall be instituted with-
in ten days after the votes cast at such election are
c.'invassed.

The county court of the county wherein a school
district shall be situated shall have jurisdiction for
the adjustment of all contests for the office of di-
rector or member of the board of education of any
school district. In such cases the rules of practice
and procedure in contested elections for the
office of sheriff shall apply, as far as applicable.
— 8. L. '11, p. 596

Tie vote — special election.

1. In the case of there being a tie in the vote of two
candidates for the same position at a school election, it
would be necessary to hold a special election for the of-
fice, in accordance with the rules provided for special
meetings.

2. At a school election, in case of a tie vote, it is the
intent of the school law to provide that notice of another
election shall be posted within ten days.

3. In the matter of calling a second special meeting
for the election of directors in case of a tie vote, the law
contemplates no such action. In case a special election is
not called within ten days after the time of holding the
regular annual meeting, or in case a special meeting is
duly called within the ten days, but a tie vote is cast, no
other meeting for the election of directors can be called,
and the vacancy should be filled by the county superin-
tendent.

4. In districts of the second class in case there is no
regular nominee an election can not be legally held, and
a special election should be called by the board within ten
days, or in case of the failure of the board to have prop-

217

§ 145 ELECTIONS

erly called such a special election, the county superintend-
ent should appoint.

Power of judges.

5. The judges must determine who is legally elected.
They have the power to throw out an illegal vote, provid-
ing it is done before a signed report of said election is
transmitted to the school board, or the final decision is
given. A special meeting is only called in case of a tie,
and must be within ten days after the election.

Contests — question for courts.

6. The result of a school election must stand as an-
nounced by the judges until set aside through legal pro-
ceedings contesting the election. An election contest is a
question for the courts to decide.

7. The county superintendent has no authority to set
aside an election, as it can only be done by the courts, and
the county court of your county will have jurisdiction in
the matter.

When county superintendent fills vacancy.

8. If the annual election of school directors is not
held, and a special election is not called within the re-
quired ten days thereafter, it then devolves upon the coun-
ty superintendent to fill vacancies by appointment.

Old board not hold over.

9. If an election of school directors is not held, the
old board does not hold over. The law provides that, with-
in ten* days after election, notice should be posted of an-
other election.

Continued meeting.

10. When a meeting follows after the ballot box has
been closed at an annual meeting, it may be regarded as
simply a continuation of the first meeting.

145. Applies to all school elections. The gen-
eral provisions of sections 44, 45, 46, shall be appli-
cable to all school elections, whether general or spe-
cial, or for whatever purpose held.— R. s. 5921

Note. Sections 44, 45 and 46 above referred to are sections
143 and 144. '

218

ELECTORS

146. Qualifications of electors. Every person
over the age of 21 years, possessing the following
qualifications, shall be entitled to vote at all elec-
tions :

First — He shall be a citizen of the United States.

Second — He shall have resided in this state one
year immediately preceding the election at which
he offers to vote ; in the county, 90 days ; in the city
or town, 30 days; and in the ward or precinct, 10
days.— R. 8. 2146

Note. Section 143 also requires that a person voting at a
school election, in addition to the above qualifications, must re-
side in the school district thirty days previous to the school
election. See also, article X, section 1, of constitution.

147. Women vote — qualifications. That every
female person shall be entitled to vote at all elec-
tions, in the same manner in all respects as male
persons are, or shall be entitled to vote by the con-
stitution and laws of this state, and the same qual-
ification as to age, citizenship, and time of residence
in the state, county, city, ward and precinct; and
all other qualifications required by law to entitle
male persons to vote shall be required to entitle fe-
male persons to vote.— R. S. 2147

148. Powers of electors at meetings. The qual-
ified electors of districts of the third class, when
assembled at any regular or special meeting shall
have power:

First — To appoint a chairman and secretary in
the absence of the regular officers.

Second — To adjourn from time to time, as oc-
casion may require.

§ 148 ELECTORS

Third — To fix the site for each school house, tak-
ing into consideration in doing so the wants and
necessities of the people of each portion of the dis-
trict.

Fourth — To order such tax on taxable property
of the district as the meeting shall deem sufficient
for any of the following purposes: To pay teach-
ers ; to purchase or lease a suitable site for a school
house or school houses; to build, rent or purchase
a school house or school houses; and to keep in
repair and furnish the same with the necessary fuel
and appendages; for procuring libraries for the
schools, books and stationery for the use of the
board and district meetings, and to defray all other
contingent expenses of the district.

Fifth — To direct the sale or other disposition to
be made of any school house, or the site thereof,
and of such other property, real or personal, as may
belong to the district, and to direct the manner in
which the proceeds arising therefrom shall be ap-
plied.

Sixth — To transact generally such business as
may tend to promote the cause of education, in ac-
cordance with the provisions of this act.

Seventh — To adopt any rules of order for the
government of district meetings not incompatible
with the provisions of this act, and to alter and
change the same from time to time, as occasion may
require.— .R. s. 5955

Livery stable certain distance from school.
a. An ordinance prohibiting a livery stable in any
block in which a school building is situated, or in any
block opposite such a block, without reference to the
manner in which such stable is constructed, kept or used,
and without specifying distance, cannot be considered as

ELECTORS § 148

reasonable, and so is invalid. — Phillips v. City of Denver,
19 C. 179

Electors levy special tax.

b. The power to levy a special tax in a school dis-
trict of the third class is by statute vested in the electors
thereof and cannot be exercised by the board of directors.
—County Comrs. v. R. R. Co., 3 C. A. 398

Lien law not apply school buildings.

c. The provisions of the mechanics lien law cannot
be applied to public school buildings. — Florman v. School
Dist., 6 C. A. 319

Who may vote.

1. Any person not a taxpayer, but otherwise a legal
voter, is entitled to vote at a regular or special district
school meeting upon all matters coming before such meet-
ing, except upon a proposition to contract a debt by loan.

2. All legal voters who are residents in a joint dis-
trict may vote upon any questions pertaining to school
matters of said district, save in the matter of bonds, which
requires a voter to be. also a taxpayer.

3. It is not necessary that one should be a taxpayer
to vote on the question as to where a school is to be held
or a school building is to be erected. Any legally qualified
elector has a right to vote on all questions save those re-
lating to bonded indebtedness.

Site of school house determined by electors.

4. The site for a school building in districts of the
third class can be selected or changed only by vote of the
electors taken at the annual meeting, or a special meeting
legally called for that purpose.

5. A board of school directors can not legally change
the site for a school building which has been selected by
a legal vote of the electors of such district.

6. When the electors of a school district, at a legal
meeting, vote to erect a building on the school site of the
district to be used as a teacher's residence, and vote a
special tax for that purpose, such action legally authorizes
the directors of the district to contract for the erection of
such a building.

7. The law does not require that a school house shall
be placed on a public road.

8. The school board of a third class district has no
right to move school buildings unless directed to do so by
vote of the electors of the district.

221

§ 148 ELECTORS

9. The power to fix the site for school houses neces-
sarily includes the power to fix the location of the school,
and after a majority of the voters of the district (third
class) have decided to have the site of the school house in
a certain portion of the district, it would hardly be held to
be within the power of the board to defeat the will of the
electors by establishing a school in some other place.

10. No petition is necessary to bring the question of
selecting a site for a school house before the electors con-
cerned.

11. The location of a school house is for no definite
time, and a vote may be taken on the question of moving
the school house as often as a meeting for the purpose can
be legally called.

12. A school district has not a legal site if the school
is on what was formerly government land, but which land
has since been filed on under homestead law.

Building of school House, determined ~by board.

13. In building a school house the board of directors
must keep within the appropriation of the electors. If it
is desired to spend more money than the original appro-
priation, a meeting of the electors must be held to deter-
mine whether they will authorize the additional expendi-
ture.

14. The law does not specify the manner in which a
school board shall proceed in the matter of building a
school house or whether such board shall advertise for
bids or not. The board is permitted to exercise discretion
in the matter, having in view at all times the best interest
of the district.

15. A sale of a school house, unless authorized by vote
of the electors of the district, is void and may be set aside
in the proper proceedings instituted by any elector of the
district or by the county superintendent.

16. The proposition to build a school house includes
procuring a site therefor. The interpretation of the law
relative thereto is: First, that a vote is necessary; second,
that if the land were purchased without such a vote, the
sale would be invalid; third, section 143 of the school law
will govern the qualifications for voters.

17. The board has no authority to build a school
house except when directed to do so by a vote of the dis-
trict; the fund remaining in the treasury can not be used
for building a school house, except upon a vote of the
electors.

ELECTORS § 148

18. School must be held in a building situated within
the boundaries of the district.

19. The electors of the district have the power to di-
rect the sale of the school house and the site and to em-
power the board to sell to the county commissioners at the
stated offer if they are so inclined; and there is no law re-
quiring it to be advertised and sold if the electors wish to
make a private sale.

20. The electors of a district are the only persons
who have power to levy tax for the purpose of building
school houses.

21. Directors of first and second class districts have
a right to sell a school building when directed so to do by
"he electors at a special meeting called for that purpose.
Such sale should be made in the manner prescribed by the
electors, which ordinarily should be at public sale after
proper advertisement.

22. The building of a school house as permitted by
vote of the electors at the last meeting would be lawful if
;he meeting was a legal meeting, even though the vote was
taken in reconsideration of the question as previously
passed upon.

23. The electors of a district when assembled at the
regular annual school meeting in a district of the third
class have a right to instruct the school board as to what
the material of a new school building shall be.

Taxes.

24. In regard to the method of raising money to build
school building, the law prohibits the issuing of war-
rants in excess of the revenues of the district for the cur-
rent year; therefore an arrangement for issuing warrants
)ayable in one, two and three years, the qualified voters to

vote a levy to be collected in one, two and three years to
pay the warrants, would not be legal. The voters have no
authority to vote a levy except for the current year and

t would, therefore, only be possible to raise the money by
voting bonds for the amount if the electors do not wish to

evy the whole tax in one year.

25. In any district of the third class a levy on tax-
able property must be made by the qualified voters when
assembled at any regular or special meeting, and such levy
can not be made by board of directors.

26. The law requires a majority vote for a special tax
evy and the amount of the levy should be fixed by the

electors at a regular or special election.

223

§ 148 ELECTORS

Special levy.

27. After a levy is made for a special purpose in a
school district, and is also made by the county commis-
sioners, warrants may be drawn to the amount of the
revenue for the current year.

28. There is no limit to the special levy in first and
second class districts.

29. There is no law authorizing the levy of a tax for
a sinking fund, but section 148 of the school law does au-
thorize the levying of a tax for building purposes. The
law has been interpreted to mean that the tax levied under
it must be for a specific purpose, as for building a school
house, purchasing a site, etc.

30. The special tax levy should be made previous to
sending in the annual report of the secretary of the dis-
trict. The levy can be certified to legally by two members
of the board.

31. In the call or notice of a special or annual school
meeting it is illegal to specify the amount of a proposed
levy and to require electors to vote for or against the levy
thus proposed, without discussion or amendment.

32. When the electors have voted a definite special
levy for building a school house, the board can not spend
in building said school house more than the proceeds of
said special levy, unless so directed by the electors.

31 While the law does not permit the changing of
a tax levy made at the annual meeting in May and certi-
fied to by the school board of the district, the district
would have a right to call a special meeting to vote an ad-
ditional special tax of two or any other number of mills
that would be inside the limit up to which a third class
district is permitted to levy.

34. According to legal decisions in this state, a special
tax can be voted at other than the annual meeting. Para-
graph 4, section 148, of the school law has been interpreted,
in connection with the introduction of such section to
authorize this.

35. A vote of the electors authorizing a tax levy for
building purposes is not sufficient. The vote should include
both the amount of tax levy and the authority to erect a
school building.

Free text-books ty vote of people.

36. In case of a new district formed from one in
which text books are furnished free, such new district
should be entitled to its pro rata share of those on hand
and the question of supplying additional free text books

224

ELECTORS §148

in such new district must be submitted to a vote of the
people.

37. The board o£ directors must furnish books for all
pupils when instructed to do so by a majority vote of the
electors of their district, as expressed at any regular meet-
ing or special meeting called for that purpose.

38. In regard to a district board furnishing free text-
books, the provisions of the law mean that a majority of

votes cast upon the question of providing free text-
books for the district shall govern, and not a majority of
all the electors residing in the district.

39. The fact that a district has voted to furnish free
text-books to its school children, and has done so for a
number of years, does not permanently bind the district so
to furnish the text-books. If brought up in the manner
prescribed by law, the district may again vote upon the
matter.

Tuition.

40. Section 124 herein provides that when a pupil re-
sides remotely from the school house in his district, and a
school house is more accessible in an adjoining district,
he shall be permitted to attend the latter and be granted the
same privileges as a resident pupil. This right is manda-
tory on both boards of directors, and can only be defeated
on the ground of insufficient room in the latter district,
and the board of his district is obliged to pay the tuition
agreed upon by the two boards, or, upon their failure to
agree, that fixed by the county superintendent.

225

EXAMINATIONS

149. Examination of teachers — deputy — com-
pensation. On the third Thursday in August, De-
cember and March in each year he shall meet all
persons, of not less than eighteen years of age, de-
sirous of passing an examination as teachers, in some
suitable room at the county seat, notice of which
shall be given in some newspaper in the county, or
in case there is no paper published in the county he
shall give such notice as may by him be deemed
necessary, at which time he shall examine all sucii
applicants in orthography, reading, writing, ftriili-
metic, English grammar, geography, history, and
constitution of the United States and the constitu-
tions of Colorado, civil government, physiology, nat-
ural sciences, theory and practice of teaching, and
the school law of the state. If the applicant is to
teach in a school of high grade, the examination
shall extend to such additional branches of study as
are to be pursued in such school. If satisfied of the
competency to teach and of the good moral char-
acter of the applicant, he shall give such applicant
a certificate, as provided in the following section,
but he shall not issue a certificate except one of like
grade unless the applicant be examined at the regu-
lar state examinations. He may, however, in case
of emergency, recognize county teachers' certificates
issued in this or other states by endorsing thereon
the word "Good" until the next regular county ex-
amination; Provided, That the certificates so en-
dorsed shall be in full force at the date of such en-

226

KX. \.MIN. \TinXS §149

dorsemeut, and shall not be renewed, extended, nor
show a previous endorsement thereon. If the at-
tendance upon the examination at the county seat
shall work a great hardship to five or more teachers
in the county, the county superintendent may pro-
vide for such teacher or teachers to take the ex-
amination at some convenient place, and the county
superintendent may appoint some suitable person to
conduct such examination, who shall without delay
report to the county superintendent the written an-
swers of each applicant. Such person shall be en-
titled to five dollars ($5.00) per day for conducting
such examination, and such services shall be certi-
fied by the county superintendent to the county com-
missioners. — R. 8. 5991

Note. For teaching languages other than English and music
and drawing, see section 383, decision 1.

Normal school diploma.

a. A state normal school diploma licenses the holder
to teach in the public schools of this state until annulled
by the state superintendent or suspended by a county
superintendent, and is evidenced of a vested continuing
right to teach in any public school in the state and cannot
be superseded or modified by any mandate or order of a
school board. — Nash v. School Board, 49 C. 555

Teachers' examinations in higher grades.

1. The law implies that teachers in second and third
class districts who are to teach the higher grades should

examined in such branches at the regular county ex-
amination.

2. An applicant examined in five high school subjects
should receive a high school certificate for such branches
using the same basis of grading as in other county ex-
aminations.

3. The fee for the examination is one dollar, no
matter how many subjects are taken.

4. The grade of a county certificate would in no way
affect the grade of a teacher's high school certificate.

227

§ 149 EXAMINATIONS

Time of examination.

5. Examinations for teachers' certificates cannot be
taken at any time except at those times prescribed by law
for public examinations.

Age of applicant.

6. The law provides that an applicant for a teacher's
certificate must not be less than eighteen years of age, and
it would be illegal to grant a certificate to one under such
age, and iltegal for a school board to employ a teacher
under such circumstances.

7. When an applicant of lawful age presents himself
for the county examination the county superintendent has
no course other than to receive and grade the papers and
report the same to the superintendent of public instruc-
tion; but he may refuse to grant a certificate on proof of
immorality, incompetency, drunkenness or like cause.

Rules governing examination.

8. The state superintendent makes rules governing
county examinations; and the questions issued therefor
are divided into sections, one of which, by direction of
the state superintendent, shall be presented at the begin-
ning of each of four different sessions; and in order that
all applicants may have an equal opportunity, and to avoid
the possibility of any being informed in advance of the
nature of the examination, the county superintendent is
instructed to break the seal of each section at the opening
of the session for which it is prescribed, and in the pres-
ence of all applicants.

9. The rules governing county examinations of teach-
ers definitely state that an average of ninety with no
branch below seventy shall be required for a first grade;
and an average of eighty with no branch below sixty for
a second; and an average of seventy per cent, with no
branch below sixty for a third grade certificate; and each
certificate should show such grading, and a certificate if
not issued in accordance therewith would be invalid.

Regular examination only.

10. A county superintendent has no right whatever to
give a personal or oral examination to an applicant, even
though such applicant has been requested to take a school
and has no certificate.

11. The county teachers' examination cannot be taken
in parts, either for purpose of raising previous marking
or of taking balance of examination at future time, since

228

EXAMINATIONS §149

the whole examination must be taken at one time in order'
to obtain a certificate.

12. The state superintendent has no right to provide
for any examination other than those specified by the law.

Permits not granted.

13. There is no law authorizing the giving of a tempo-
rary permit or certificate, and it would be illegal to employ
any person to teach in the public schools of the state
unless such person shall have a certificate.

Endorsements.

14. It is not legal for a school board to retain a
teacher whose certificate has expired if the term of school,
for which such teacher is employed extends more than'
one month after such expiration.

Held to include normal school diplomas from other states.

15. The county superintendent may in case of emer-
gency recognize county teachers' certificates of any grade
issued in this, or other states, by endorsing thereon the
word "Good" until the next regular county examination;
provided, that such certificate shall be in full force at
the date of such endorsement, and shall not be renewed,
extended, nor show a previous endorsement thereon, and
an emergency may be said to exist whenever there is a
vacancy in any school in the county, and no teacher hold-
ing a valid certificate who is qualified to teach that par-
ticular school can be obtained therein; but this does not
mean that other conditions might not arise which would
warrant the county superintendent in declaring an emer-
gency.

16. Circumstances created for a certain purpose do
not constitute an emergency, and should not be construed
as such within the meaning of this section.

17. There is nothing that can be done in the case of
an expired certificate, as only certificates in full force can
be endorsed in case of emergency.

18. The laws of Colorado do not give county super-
intendents the slightest authority to recognize district cer-
tificates in any way; and such certificates are valueless so
far as entitling their holders to a right to teach in other
schools of the county.

19. Since the law provides that the certificate issued
by the boards of districts of the first class must be of the
same grades and under the same conditions as those
specified in sections 149 and 47 of the school law, it fol-
lows that equal requirements must be made in districts

§ 149 EXAMINATIONS

of the first class as in other districts, and the board would
not have the right to exempt the candidates from examina-
tion in one or more of the subjects specified in section 149
of the school law.

20. The endorsement of a first grade certificate until
the next examination will not invalidate it in the county
where issued.

21. The endorsement or renewal of certificates and
the issuing of like grade certificates are in all cases op-
tional with the county superintendent.

22. A certificate of like grade from one county cannot
be endorsed by a county superintendent of another county,
but if the first certificate upon which the like grade was
issued is still in force another like grade certificate upon
it can be issued in another county.

23. It is impossible for a county superintendent who
has endorsed a certificate to issue a renewal of the same.
Any renewal of a certificate must be made in the county
where the certificate was first issued.

24. The time for which an endorsed certificate is good
is simply that specified by the endorsement. Section 383
applies to such cases excepting that the teacher does not
have the right to take advantage of the one month pro-
vision.

25. The state superintendent has no right to endorse
certificates; that is a matter which rests with the county
superintendent.

26. It is a violation of the law to endorse county
teachers' certificates issued in this, or any other state, if
the certificate be not in full force at the date of each
endorsement; and should the board employ a teacher with
such a certificate, all claim to compensation on the school
fund for the term will be forfeited.

may appoint deputy.

27. Since the bar examinations are conducted in con-
nection with the regular county examination of teachers,
the law governing the latter examination would also apply
to the former; and if attendance at the county seat works
a great hardship to five or more teachers in the county,
the law permits the county superintendent to provide an
examination for them at some convenient place, to be
conducted by some suitable person.

28. The state superintendent has no authority what-
ever to authorize county superintendents to appoint dep-
uties outside of the state; nor has he any right to send
questions to any individuals outside of this state so that

230

EXAMINATIONS §149

the county teachers' examination could be taken elsewhere
than in Colorado.

29. If a county superintendent desires to obtain a
certificate to teach in the county in which he resides, he
is advised to appoint a deputy to conduct the examination
and pass upon the answers given to the questions pro-
pounded; also, to issue a certificate in accordance with
tlu> result of the examination.

Special certificate for high school.

30. The law makes the same requirements of the
principal or teachers of a county high school as of any
school of high grade. Therefore, a teacher's certificate
covering the high school branches must be obtained by
the applicant who expects to teach in a county high school.

Teacher not entitled to pay for time lost attending.

31. A teacher is not entitled to receive pay for the
time lost while attending a teachers' examination. .

xtate superintendent cannot excuse from examination.

32. The state superintendent has no authority to
excuse a person from taking an examination.

Failure.

33. When a teacher holds a first grade certificate, and
ilso one of "like grade," the fact that she fails to pass an
examination in either county would not affect the standing
of the first grade already obtained by her.

Eighth grade.

34. There is no specific law governing the eighth
grade county examinations. The matter is entirely under
the management of the county superintendent.

Answers filed.

35. The law requires that the written answers of all
applicants be placed on file for three months, the same
subject to the order of the state board of education.

Appeal.

36. Neither the state superintendent of public instruc-
tion nor the state board of education has the power to
compel a county superintendent to recognize examination
papers prepared under the supervision of the county super-
intendent of another county, as this is a mere matter of
comity between county superintendents. Therefore, when-
ever a teacher appeals from the refusal of a county super-
intendent to accept such papers and mark them and issue

231

§ I49a EXAMINATIONS

a certificate thereon, the board of education has no othef
course than to dismiss the appeal.

[Note. The following section is a portion of the law passed
by the eighteenth general assembly and referred by petition, and
will be voted upon by the people at the general election in 1912.
If carried, it will supersede section 149 herein.]

149a. On the third Thursday in August, Decem-
ber, and March in each year the county superin-
tendent shall meet all persons, of not less than eigh-
teen years of age (who shall have completed a four
years' High School course, or its equivalent in train-
ing or experience, and) who are desirous of passing
an examination as teachers, in some suitable room
at the county seat, notice of which will be given in
some newspaper in the county, or in case there is no
paper published in the county he shall give such
notice as may by him be deemed necessary, at which
time he shall examine all such applicants in orthog-
raphy, reading, writing, arithmetic, English gram-
mar, geography, history and constitution of the
United States and the constitution of Colorado, civil
government, physiology, natural sciences, theory and
practice of teaching, and the school law of the state,
to which shall be added agriculture and horticulture
and American literature for a first grade certificate ;
and agriculture and horticulture for a second grade.
If the applicant is to teach in a school of high grade,
the examination shall extend to such additional
branches of study as are to be pursued in such
school. If satisfied of the competency to teach and
of the good moral character of the applicant, he
shall give such applicant a certificate, as provided
in the following section, but he shall not issue a cer-
tificate except one of like grade unless the applicant
l)e examined at the regular state examinations. He

232

EXAMINATIONS § 149a

iimy. however, in case of emergency, recognize coun-
ty teachers' certificates issued in this or other states
by endorsing thereon the word "Good" until the
next regular county examination; Provided, That
the certificate so endorsed shall be in full force at
the date of such endorsement, and shall not be re-
newed, extended, nor show a previous endorsement
thereon. If the attendance upon the examination at
the county seat shall work a great hardship to five
or more teachers in the county, the county superin-
tendent may provide for such teacher or teachers to
take the examination at some convenient place, and
the county superintendent may appoint some suit-
able person to conduct such examination, who shall
without delay report to the county superintendent
the written answers of each application. Such per-
sons shall be entitled to five (5) dollars per day for
conducting such examination, and such services
shall be certified by the county superintendent to
the county commissioners.—^ L. '11. p. 628

Scholastic examination — bar.

Note. The law under which the rules for admission to prac-
tice law in this state were formulated will be found in 3 Mills'
(Rev.), 206-206b. This law does not enter into details, but em-
powers the supreme court, by virtue of its provisions, to desig-
nate the character of the examination to which applicants must
submit

The rules governing admission to the bar of Colorado,
adopted by the supreme court September 13, 1897, and amended
May 4, 1898, make the following provision:

"(c) Applicants who are not members of the bar, as above
prescribed, shall present a thirty-count certificate from the re-
gents of the university of the state of New York, or shall satisfy
said committee that they graduated from a high school or pre-
paratory school whose standing shall be approved by the com-
mittee, or were admitted as regular students to some college or
university, approved as aforesaid, or before entering upon said
clerkship or attendance at a law school, or within one year there-

233

§ 149a EXAMINATIONS

after, or before September 13, 1899, they passed an examination
before the state superintendent of public instruction, in the fol-
lowing subjects: English literature, civil government, algebra to
quadratic equations, plane geometry, general history, history of
England, history of the United States, and the written answers
to the questions in the above-named subjects shall be examined
as to spelling, grammar, composition and rhetoric. The said
examinations shall be conducted in connection with the regular
county examination of teachers."

Note. Those desiring to take this examination must notify
the state superintendent of public instruction at least thirty days
previous to the regular county examination, giving their full
name and address and the county in which they wish to take the
examination.

Preliminary examination — dental.

Note. Each student seeking admission to any college of this
association shall have completed an accredited high school course
or shall successfully pass an examination the equivalent of such
high school course.

This examination and the examination and verification of all
certificates shall be conducted by a state superintendent of public
instruction, or his appointee.— National Association of Dental
Faculties.

Applicant for admission to bar.

a. A committee for examining applicants for admission
to the bar is not justified in refusing an examination for
a student of the state university, if in all other respects
he is qualified, merely because he failed to pass the law
examination of such institution. — People ex rel v Carr
21 C. 525

234

FINES

150. Justice report — fines. Every justice of the
peace or other magistrate by whom any fine or pen-
alty has been imposed which under the statute
should be paid into the general school fund, shall at
the next regular quarterly meeting of the board of
county commissioners submit an itemized report
showing date of trial, title of case, nature of offense
and amount of fine, giving amounts, collected,
amounts uncollected, and accompany said reports
with receipts from the county treasurer for amounts
so collected and paid over to him.— R. 8. 3874

151. County treasurer render statement. The
county treasurer, at the time of rendering to the
county superintendent of schools his quarterly cer-
tificate of taxes collected (as provided in section
sixty-six of chapter XCVII being general sec-
tion three thousand and sixty-one of the gen-
eral statutes of the state of Colorado) shall show
separately in said certified statement the amounts
received from fines and by whom paid in.— R. 8. 3875

FINES UNDER FEDERAL STATUTES.

152. For the willful setting on fire of timber
and underbrush on public domain. Wlioever shall
willfully set on fire, or cause to be set on fire, any
timber, underbrush, or grass upon the public do-
main, or shall leave or suffer fire to burn unattended
near any timber or other inflammable material,
shall be fined not more than five thousand dollars,
or imprisoned not more than two years, or both.
— Federal Criminal Code, 52

235

§§153-154 FINES

153. Fine for leaving unattended fires in or
near forest timber. Whoever shall build a fire in or
near any forest timber, or other inflammable ma-
terial upon the public domain shall, before leaving
said fire, totally extinguish the same; and whoever
shall fail to do so shall be fined not more than one
thousand dollars, or imprisoned not more than one
year or both.— Federal Criminal Code, 53

154. Fines collected paid to public school fund.
In all cases arising under the two preceding sec-
tions the fines collected shall be paid into the
public school fund of the county in which the lands
where the offense was committed are situated.
— Federal Criminal Code, 54

FLAGS

155. Directors purchase flag — flagstaff — display.
The school directors of the several school districts
iji this state may purchase or cause to be purchased
a suitable American flag of standard bunting, not
less than eight by twelve feet in size, and they
in ny erect and maintain or cause to be erected
and maintained upon each public school building
or the grounds belonging thereto, a suitable flag-
staff with the necessary appliances for displaying
said flags, and may cause said flag to be displayed
upon said staff upon all national and state holidays,
the first and last days of each school term, and such
other occasions as such school directors shall pre-
scribe.— R. S. 5928

Directors to purchase and display U. S. flag. *

1. Pursuant to custom now established in several
states of the union, the governor of this state proclaims
June 14th as Flag Day, and all the public schools of the
state are requested to observe the day in exercises of a
patriotic character.

156. Each department keep flag. Every school
within this state may have placed and kept in a con-
spicuous position in each department thereof at least
one American flag of standard bunting, not less than
three by five feet in size.— R. 8. 5929

157. Expense of purchasing and care of flag.
It shall be lawful for the school directors of each
school district in this state to pay for said flags and
staffs and to provide for the proper care and main-
tenance of the same, from any special school funds
which they may have in their hands or which may
be subject to their order, or to include the expense

237

§§158-159-160-161 FLAGS

thereof in the next annual estimate for school ex-
penses, or in any tax levy for school purposes; and
the expense thereof for any public school shall be
met by said directors or other officers charged with
the duty of raising or appropriating any money for
school purposes as any other necessary expenses
or expenditures for school purposes are raised.
— R. fif. 5930

158. Applies to all institutions. This act shall
be held to apply to all institutions directly or indi-
rectly under the control of the state of Colorado or
any of its officers, and it shall be the duty of
such officer to see that this act is complied with.
—R. 8. 5931

159. Injury to flag. Any person who shall wil-
fully injure, deface, or destroy any flag, flagstaff, or
other material placed in any room or building or
ftpon any building or school grounds for the carry-
ing out of this act, shall be deemed guilty of a mis-
demeanor and punished accordingly. — R. S 5932

160. Superintendent of public instruction pub-
lish act. It shall be the duty of the superintendent
of public instruction to publish this act in connec-
tion with the school law of this state. — R. 8. 5933

161. Display of flag other than United States-
exception. It shall be unlawful to display any flag
upon any state, county or municipal buildings in this
state, except the flags of the United States; Pro-
vided, however, That whenever any foreigner shall
become the guest of the United States, or of the state
of Colorado, or of any city of this state, or upon the
occasion of the visit of any foreign minister, envoy
or embassador in his official or representative capa-
city, the flag of the country of which such person

238

KI.AGS §§162-163

shall be a citizen may be displayed upon such public
buildings; and it shall be unlawful to display the
flag of any anarchistic society upon any public or
private building or in any street procession or pa-
rade within the state of Colorado.— R. 8. 2597

162. Violation. Any violation of this act is
hereby declared a misdemeanor and shall be pun-
ished by a fine of not less than fifty nor more than
five hundred dollars.— K. 8. 2598

STATE FLAG.

163. State flag adopted — description of. That a
state flag be and the same is hereby adopted to be
used on all occasions when the state is officially and
publicly represented, with the privilege of use by all
citizens upon such occasions as they may deem fitting
and appropriate. Said flag shall consist of three
alternate stripes to be of equal width and at right
angles to the staff, the white stripes being the
middle one, the proportion of the flag being a widtli
of two-thirds of its length. At a distance from
the staff end of the flag of one thirty-sixth
of the total length of the flag, there shall be a cir-
cular red 0, of the same color as the red in the na-
tional flag of the United States. The diameter of
the letter one-sixth of the width of the flag.
The inner line of the opening of the letter C shall
be three-fourths of the width of its body or
bar, and the outer line of the opening shall be
double the length of the inner line thereof. Complete-
ly filling the open space inside the letter C shall be
a golden disk; attached to the flag shall be a cord
of irold and silver, intertwined, with tassels one of

231)

§163 FLAGS

gold and one of silver. All penalties provided by
the laws of this state for the misuse of the na-
tional flag shall be applicable to the said state flag.
—8. L. '11, p. 611

240

FUNDS

GENERAL SCHOOL FUNDS.

164. General school fund for building purposes
—proviso. It shall be illegal for any school board to
appropriate or cause to be used any money belong-
ing to the general school fund, for the purpose of
building, furnishing or erecting additions to any
school house, or for the purchase or improvement of
any school house, site or lot; Provided, That if any
portion of the aforesaid school fund remains to the
credit of any district after the payment of all ex-
penses necessary to the support of a public school
for a period of ten months in any one year, in said
district, it shall be lawful for the district board to
use such balance for any of the purposes provided
for in section 51 of this chapter. — R. s. 5898

Note. Section 51 referred to in this section is section 124.
Note. Public contracts, section 235.

Legal use of general fund.

1. The general fund may be used only for teachers'
wages, and necessary current expenses, until the school
has been conducted for a period of ten months in one year.

2. The general fund may be used for building, fur-
nishing or erecting additions to school houses, or for
improving the school house, sites or lots, only after the
expense of maintaining the school for a period of ten
months in one year shall actually have been paid.

3. It is legal to draw on the general fund to pay the
janitor who is employed in a school.

Illegal use of school

4. A school board cannot legally loan, the money of
the district.

5. The school funds cannot be legally used for de-
fraying the expense's of a singing school.

241

§ 165 FUNDS

6. Insurance premiums and attorney's fees are not
expenses "incidental to the support of a public school," and
therefore must not be paid from the general fund.

7. A director of a school board has no right whatever
to draw money from the funds of a school district to pay
for his child's board while attending school in another
district. Any members so misappropriating the funds of
the district can be compelled by process of law to refund
the money.

8. The school board has no right to use the school
funds in the employment of attorneys or other expenses
to antagonize the action of a board of health.

9. A school board cannot legally contract for the work
of instructing high school pupils to be done by a private
party or corporation and pay for it out of public school
funds.

10. There is no provision of the school law allowing
a pro rata share of the school fund to be used for the
private teaching of one of the pupils within a district.

For what purposes special funds may be used.

11. School directors of a district of the third class
may purchase an organ for the use of the school and pay
for it out of the special fund. The general fund cannot be
used for that purpose.

12. Bonds cannot be voted for sinking an artesian
well; but if the district has sufficient money in its special
fund, it may use that money for such a purpose on a vote
of the electors.

Two schools of five months do not meet requirements.

13. Two schools in one district, holding a five months'
session each, do not conform to the requirements of the
law as prescribed in section 164.

Money not turned into general fund.

14. All moneys remaining to the credit of any district
on June 30 should remain to the credit of such district and
cannot be turned into the general school fund of the county
for reapportionment.

EMERGENCY FUND.

165. Permanent school emergency fund. There
is hereby created a "Permanent School Emergency
or Call Fund." Said fund shall be under the con-
trol of the state superintendent of public instruction
as hereinafter provided.— 8. L. '11, p. 142

242

5S§ ] 06-167-168-1*;!'

166. Fund to be transferred from general school
income fund. There is hereby transferred and set
over from the general school income fund to the
"Permanent School Emergency or Call Fund" the
sum of forty thousand dollars for the purpose of
carrying out the provisions of this act. — 8. L. '11, p. 142

Note. The governor approved the above section to the
amount of twenty thousand dollars.

167. Treasurer to be custodian of fund. Said
"Permanent School Emergency or Call Fund" shall
remain in the hands of the state treasurer and any
interest earned thereon or arising from the invest-
ment thereof shall be credited to said fund and be-
come a part thereof .—s. L. 'li, p. 142

168. Fund when used. When on account of un-
avoidable misfortune or casualty any public school
district in this state is in financial distress and the
special school tax and apportionment of the school
funds are not sufficient to provide proper and neces-
sary school facilities in such school district, the su-
perintendent of public instruction may with the ap-
proval and consent of the governor and attorney
general order the payment from the "Permanent
School Emergency or Call Fund," to such public
school district of such an amount as may be neces-
sary to provide necessary school facilities in said
public, school district.— S. L. 'Ji. p. 143

169. Payments when made. Payments shall be
made from the "Permanent School Emergency or
Call Fund" only upon the presentation of sufficient
and satisfactory evidence that the school district
making application for relief under the provisions
hereof is by reason of unavoidable misfortune or cas-
ualty, in financial distress and that the special school

243

§§170-171-172-173 FUNDS

tax and apportionment of school funds are not suf-
ficient to provide proper and necessary school facili-
ties in such public school district, and that sucli
financial distress will continue for at least one school
year unless relieved under the provisions hereof.
—8. L. '11, p. 143

170. Amount expended in one year. The

amount to be expended from the "Permanent School
Emergency or Call Fund" in any one year for all
purposes shall not exceed the total sum of twenty
thousand dollars.— 8. L. '11, p. 143

Note. The governor approved of the above to the extent of
ten thousand dollars instead of twenty thousand dollars.

171. Gifts — contributions. Any appropriation
hereafter made and any gifts or contributions to the
"Permanent School Emergency or Call Fund"
shall be subject to all the provisions of this act,
— #.Jk'li,p.l43

172. Vouchers approved by governor and attor-
ney general. The auditor is hereby authorized to
draw his warrant on the state treasurer in payment
of any voucher issued against the "Permanent
School Emergency or Call Fund," signed by the su-
perintendent of public instruction and approved by
the governor and attorney general. — 8. L. '11, p. 143

Note. The attorney general holds that no moneys can !«'
used from above fund for building purposes.

173. Moneys under act congress — apportion-
ment. That all moneys to which the various coun-
ties of the state of Colorado are now or may here-
after become entitled under the act of congress of
May 23, 1908, or other acts, in which counties a
forest reserve, or any portion thereof is situated,
shall at the beginning of each fiscal year and every

244

FUNDS § 174

six months thereafter be awarded and apportioned
through the proper state officials of this state to
such counties in proportion to the area of the forest
reserve in each county; and such apportionment of
said funds shall be determined by the state auditor,
and the state auditor is authorized and directed to
draw warrants upon the state treasurer in favor of
the county treasurer of each county for the amount
due each county under the apportionment and made
direct to the county treasurers of said counties, and
in accordance with the so-called agricultural appro-
priation act of congress, approved May 23, 1908, and
the county commissioners of said county shall direct
the said fund to be credited as follows, to-wit : Not
less than 5 per cent, of said sum shall be expended
for either roads or school funds in the discretion of
the board of county commissioners. — s. L, '09, p. 35

NORMAL INSTITUTE FUND.

174. Applicant for teacher's certificate pay fee.
Each applicant for a teacher's certificate at any
regular county examination, and each successful ap-
plicant for a renewal or endorsement of a certificate,
or for the issue of a like grade certificate, shall pay
for the privilege of such examination, renewal, en-
dorsement or issue of like grade certificate, a fee of
one dollar, which shall be collected by the county su-
perintendent of schools and forwarded, \vith his re-
port of each examination, to the superintendent of
public instruction.— R. 8. 5992

Fee, when not required.

1. There is no law authorizing a county superintend-
ent to charge a fee of $1, or any other sum, for registering
a certificate issued by the state normal school.

245

§§ 175-176 FUNDS

2. Teachers' certificates issued by board of directors
of first class districts are reported to the county superin-
tendent, but they are not renewed or endorsed, therefore,
no fee would be charged for the registration of said cer-
tificates.

Fee, to ivhom paid.

3. The fee paid to a county superintendent by an ap-
plicant, whose papers are to be forwarded to another
county may be sent direct to the state superintendent and
not forwarded to the other county superintendent. The
county superintendent of any county should send the money
to the state superintendent for all applicants taking the
examination under his supervision.

4. When an examination is taken the fee should be
paid to the county superintendent where the examination
is held prior to delivering to such applicant the exam-
ination questions.

Fee for duplicate certificate.

5. A fee should be charged for issuing a duplicate
certificate the same as in original issuing of certificates.

175. Fees turned into state treasury constitute
normal institute fund. All fees thus collected and
remitted to the superintendent of public instruction
shall be turned over to the state treasurer and shall
constitute a state normal institute fund.— R. 8. 5993

176. Apportionment of normal institute fund.
At the time of apportioning the state school fund in
July of each year the superintendent of public in-
struction shall apportion a state normal institute
fund equally among the normal institute districts of
the state, and the sum accredited to each normal in-
stitute district shall be transmitted to the custodian
of the normal institute fund thereof in the same
manner as each county's apportionment of the state
school fund is now transmitted to the county treas-
urer; and each district's apportionment of the state
normal institute fund shall be applied and expended
in the same manner and for the same purposes as

246

KTXDS §177

the fund of each normal institute district has here-
tofore been applied and expended.— R. to. 5892

PENAL FUND.

177. What fines paid to school fund — accounts
—collector failing to pay — penalty — duty of super-
intendent. All fines, penalties and forfeitures pro-
vided by this act may be recovered by action of debt,
in the name of the people of the state of Colorado, for
the use of the proper school district or county, and
shall, when they accrue, belong to the respective
districts or counties in which the same may have
been incurred; and the county treasurers, for their
counties, are hereby authorized to receive and cause
to be placed to the proper credit such forfeitures.
Except as otherwise provided by law, all sums of
money derived from fines imposed for violation of
orders of injunction, mandamus and other like writs,
or for contempt of court, shall be paid into the
school fund of the county wherein the contempt of
such violation was committed; and the clear pro-
ceeds of all fines collected within the several coun-
ties of the state for breach of the penal laws, and
all funds arising from the sale of lost goods and
eslrays shall be paid over in cash by the person col-
lecting the same, within twenty days after the col-
lection, to the county treasurer of the county in
which the same have accrued, and shall be by him
credited to the general county school fund. He shall
indicate in such entry the source from which such
money was derived. Any officer or person collect-
ing or receiving any such fines, forfeitures or other
moneys, and refusing and [or] failing to pay over
the same, as required by law, shall forfeit double

247

§ 177 FUNDS

the amount so withheld and interest thereon at the
rate of five per cent, per month during the time of
so withholding the same; and it shall be a special
duty of the county superintendent of schools to su-
pervise and see that the provisions of this section
are fully complied with, and report thereupon to the
county commissioners semi-annually or oftener, if
required by them. — R. 8. 5897

Note. The "act" above referred to means original "school
act."

Note. County treasurer make report of fund, section 151.

Note. Justice report fines, section 150.

Duties of county treasurer in regard to funds.

1. The county treasurer is responsible for placing
moneys in the wrong fund. It is his duty to place moneys
collected from fines, forfeitures, etc., to the fund desig-
nated by law.

2. Unless otherwise expressly provided by statute, the
moneys from fines, penalties and forfeitures, should be
turned by the county treasurer into the general school
fund of the county rather than into that of a particular
district; although fines assessed by justices of the peace
may, in some cases, go to the credit of the school district
in which the action occurred.

Duties of county superintendent in regard to fund.

3. More than any other person, the county superin-
tendent is the one to look after that portion of the school
fund arising from fines and forfeitures. He should ex-
amine the books of the county treasurers, records and fee
books of justices of the peace and clerks of courts, to
ascertain whether or not the fines have been collected, and
if collected, whether they have been placed to the credit
of the proper fund and paid over.

Disposition of fines.

4. This section provides that the clear proceeds of all
fines collected within the several counties of the state for
breach of the penal laws shall be paid over in cash by the
person collecting the same within twenty days after
its collection to the county treasurer, to be by him credited
to the general county school fund.

248

FUNDS §§178-179-

5. Unless otherwise specifically provided for by law, the
fines collected for breach of the game and fish laws should
be placed to the credit of the general county school fund.

FUNDS NOT LOANED OR INVESTED.

178. Officer not convert or use funds. If any
officer appointed or elected by virtue of the consti-
tution of this state, or any law thereof, as an officer,
agent or servant of an incorporated city, town, mu-
nicipal township, school district, or county, or other
subdivision of this state, shall convert to his own
use in any way whatever, or shall use, by way of
investment in any kind of property or merchandise,
or shall make way with or secrete any portion of the
public funds or moneys, or any valuable securities
by him received for -safe-keeping, disbursement,
transfer, or for any other purpose, or which may be
in his possession, or over which he may have the
supervision, care or control, by virtue of his office,
agency or service, or under color or pretense there-
of, every such officer, agent or servant shall, upon
conviction, be punished by imprisonment not less
than five years. — R. 8. 1821

179. Officer not loan funds. No such officer,
agent or servant shall loan out, with or without in-
terest, any money or valuable security received by
him, or which may be in his possession or keeping,
or care or control, by virtue of his office, agency or
service, or under color or pretense thereof, and any
such officer, agent or servant, so loaning such money
or valuable security, on conviction thereof, shall be
punished by imprisonment in the penitentiary not
less than one year, or by a fine not less than five
hundred dollars.— ft. 8. 1822

249

SU80-181 FUNDS

180. No benefit from deposit of funds. If any

such officer, agent or servant shall make any con-
tract or agreement with any person or persons,
bodies or body corporate, or other association, by
which such officer, agent or servant is to derive any
benefit or advantage, directly or indirectly, from the
deposit with such person or persons, body or bodies
corporate, or other association, of any moneys or
valuable securities held by such officers, agents or
servants, by virtue of his office, agency or employ-
ment, such contract shall, as to such officer, agent
or servant, be utterly null and void ; but the person or
persons, body or bodies corporate, or other associa-
tion, shall be liable to the county, city, town, town-
ship or school district where funds are deposited, in
an action for the recovery of all such benefits or ad-
vantage as would, by the terms of such contracts or
agreement, have accrued to such officer, agent or
servant; and payment to the officer, agent or serv-
ant shall not protect the person or persons, body or
bodies corporate, or other association, against an
action of recovery brought by the county, city, town,
township or school district whose funds are so de-
posited.—#.' 8. 1823

181. Penalty. Any such officer, agent or serv-
ant who shall make any such contract or agreement
as described in the last section of this act, or AV!IO
shall receive any benefit or advantage, directly or
indirectly, from the deposit of any money or val-
uable security held by him as such officer, agent or
servant, or over which he has control, care or super-
vision, by virtue of his office, agency or service,
shall, upon conviction thereof, be punished by im-

250

I TNI is §182

prisonmeiit in the penitentiary not less than one
year or by fine not less than five hundred dollars.
l»ie. N. 1824

182. Permanent funds from sale of school -lands
— how invested. Permanent funds arising ffom the
sale <>1' the sehool lands of the state of Colorado
remaining uninvested may he loaned out by the
treasurer of the state of Colorado at the direction
of the state board of land commissioners to the
.state military board "provided the total loans so
made shall at no time exceed the military poll-tax
collected in the preceding biennial period," for the
purpose of purchasing or acquiring lands, buildings,
tenements and appurtenances, or erecting buildings,
necessary for use as armories for the organized mili-
tia of the state of Colorado; such necessity for the
acquiring of said lands, buildings, tenements and
appurtenances or erection of buildings for use as
armories for the organized militia of the state of
Colorado shall be determined by the state board of
land commissioners and said state military board.

Said loans may be directed by said state board
<>f land commissioners in such amount or amounts,
and upon such terms as to payment and rate of in-
terest thereon, not exceeding five per centum per
annum, as ma^ be mutually determined by said
board of land commissioners and said state military
board, and shall be secured by mortgage or deed of
trust upon said lands, buildings, tenements and ap-
purtenances so acquired or erected for armories,
which said lands, buildings, tenements and appur-
tenances shall be free and clear of liens and incum-

251

§ 183 FUNDS

brances, save and except the loans made to it out
of the said permanent fund as herein provided.
—8. L. '11, p. 599

183. Permanent fund reimbursed from military
poll-tax fund. The permanent fund arising from the
sale of school lands of the state of Colorado shall
be reimbursed by the military board from the mili-
tary poll-tax fund at a rate of not less than ten
thousand dollars per annum.— 8. L. '11, p. 600

252

HAZING

184. Hazing unlawful. It shall be unlawful for
any person to cn.u'ii^' in nny of these practices com-
monly called "Hazing" or in any acts of torturing,
tormenting, or in any way maltreating a fellow in-
mate, employe or student. — R. 8. 1661

185. Punishment for hazing. Any person found
guilty of the violation of the provisions of the first
section of this act shall be deemed guilty of a mis-
demeanor and shall upon conviction be fined not less
than five nor more than fifty dollars.— #. 8. 1662

186. Punishment for hazing in educational in-
stitutions. Any officer, teacher, or student con-
nected with any of the state institutions of this state
who shall be found guilty of violating the provisions
of this act, shall, if a teacher or employe, be dis-
missed from the further service of such state insti-
tution, and if a student, his conviction shall work
expulsion from the state institution he may be at-
tending, in perpetuum.— R. 8. 1663

187. Hazing — jurisdiction of justice of the
peace. Any justice of the peace of the county
wherein any of the offenses herein described may be
committed shall have jurisdiction of complaints com-
ing within the provisions of this act. — R. 8. 1664

253

GARNISHMENTS

188. School districts subject to garnishment.

That all counties, school districts and municipal cor-
porations shall be subject to garnishment upon writs
of attachment and execution in the same manner
that private corporations and persons are now, or
may hereafter be subject to garnishment under such
writs.— 8. L. '11, p. 445

189. Provisions apply to all salaries, wages, etc.
That it is hereby declared that no provision of this
act is contrary to public policy, and that the provi-
sions of this act are meant to apply to all salaries,
wages, credits, moneys and all choses in action,
whether the collection of the same might be en-
forced by any action in court, by the writ of man-
damus, or in any manner whatsoever.— S.L. '11, p. 445

Note. School districts subject to garnishment, see garnish-
ments, section 188 herein.

HIGH SCHOOLS

COUNTY HIGH SCHOOLS.

190. Counties classified. For the purposes of
this act the several counties of this state shall be
classified with reference to population and divided
into five classes as provided by sections 2565, 2566
.UK! 2567 of the revised statutes of Colorado, 1908,
as follows:

The city and county Denver, unless otherwise
provided in the charter thereof, shall be first class;
Ml Paso, Teller and Pueblo counties shall be second
class: Boulder. Fremont, Lake, Pitkin, Las Animas
ami \Veld counties shall be third class; Adams,
Arapahoe, Chaffee, Clear Creek, Conejos, Costilla,
I Vita, Douglas, Eagle, Garfield, Gilpin, Gunnison,
Huerfano, Larimer, La Plata, Logan, Mesa, Mont-
rose, Morgan, Ouray, Otero, Park. Prowers, Jeffer-
son, Rio Grande, Routt, Saguache, San Miguel and
San Juan counties shall be fourth class; Archuleta,
Baca, Bent, Cheyenne, Custer, Dolores, Elbert,
Grand, Hinsdale, Kiowa, Kit Carson, Lincoln, Mon-
Ic/nina, Mineral, Phillips, Rio Blanco, Scdgwick,
Summit. Washington and Yum a counties shall be
fifth class. The counties of the fourth class shall be
divided into two divisions, known as "A" and "B."
The counties comprising division "A" shall be
Adams. Arapahoe, Chaffee, Clear Creek, Conejos,
s. Garfield, Gilpin, Gunnison, Huerfano, Jef-
. Larimer, La Plata, Mesa, Otero, Ouray and
San Miguel: and the counties comprising division
"B" shall l.c Costilla, Delta, Routt, Eagle, Logan.

255

§191 HIGH SCHOOLS

Moritrose, Morgan, Park, Prowers, Rio Grande,
Saguache and San Juan.— s. L. '09, p. 397

191. Petition for organization — county superin-
tendents— submission to voters. On the petition of
fifty voters having the qualifications hereinafter
prescribed, of any county of the second, third
fourth or fifth class, the county superintendent of
public schools of such county shall give notice not
less than twenty days before any regular meeting
now or which may hereafter be provided by law, for
electing members of school boards in the respective
districts of the state, that the question of organizing
the county into one high school district for high
school purposes, will be submitted to the qualified
voters of the respective school districts in the coun-
ty, at such meeting. Qualified voters of a joint
school district who may reside in any county pro-
posing to organize as aforesaid, shall be entitled to
vote at said meeting— £. L. '09, p. 398

Note. For different kinds of public schools and how main-
tained, see note 1, section 238.

High schools — kinds.

Note. There are three kinds of high schools authorized by
the laws of this state — county high schools, union high schools,
and district high schools — and each is entirely separate and dis-
tinct from the others. While county and union high schools may
be composed of all class districts, a district high school can be
maintained only in a first or. second class district, although there
is no law to prevent a third class district from adding certain of
the so-called high school branches. Section 206 provides that no
district shall be taxed for more than one kind of high school
without its consent. When a county high school is being-organ-
ized, districts with a high school, or in a union high school dis-
trict, may vote against the county high school. If a majority
vote against such organization, such district shall be excluded
from the county high school district.

256

HIGH SCHOOLS §§192-193

County high schools — how maintained.

Note. County high schools are maintained by their quota of
the general school fund and from a tax levy, not to exceed four
mills, made by the county commissioners and collected as other
taxes.

192. Election notices posted twenty days — con-
tents. The county superintendent shall cause to be
posted in the manner hereinafter prescribed, notices
in each school district in the county, that such peti-
tion has been made and that at the next regular
meeting for electing members of school boards, the
question of organizing the county into one high
school district for high school purposes, will be sub-
mitted to the qualified voters of the district. The
secretary of each school board shall, under the di-
rection of the county superintendent, cause written
or printed notices to be posted in his district, speci-
fying the purpose, the day and the place or places
of such election, and the time during which the
ballot box or boxes shall be kept open, not less, how-
ever, than three hours. The time and place specified
in such notice shall be the same time and place at
which the regular election of members of the school
board shall be held. Said notices shall be posted in
at least three public places in the district, one of
which shall be the school house, if there be one, at
least twenty days previous to the time of such elec-
tion.—S. L. '00, p. 398

193. Who may vote — form of ballot — judges.
Every legally qualified elector of his district en-
titled to vote for members of school boards, and none
other, shall be entitled to vote at such meeting upon
such question of organization. After the organiza-
tion of the meeting for the election of members of

257

§194 HIGH SCHOOLS

the school board, the qualified electors shall proceed
to vote by ballot on the question whether or not the
proposed high school district for high school pur-
poses, shall be organized. Those in favor of organi-
zation shall vote "For the organization," and those
opposed, "Against the organization." The ballots
upon the question of organization shall be deposited
by the voters in a separate ballot box to be pro-
vided by each school district for said purpose. The
president, secretary and treasurer of the district
school board shall act as judges of the election and
should any of the judges be absent at the opening
oi the polls, the electors present shall appoint a legal
voter to fill the vacancy. —8. L. '09, p. 398

194. Canvass — certificates sent county superin-
tendent. Immediately after the closing of the polls
the judges shall open the ballot box and proceed to
count the votes polled, and the counting thereof
shall be commenced and continued until finished be-
fore the judges shall adjourn. As soon as all the
ballots shall have been counted, the judges shall
make out a certificate under their hands certifying
the whole number of votes cast upon the question of
organization -and the number of votes cast for or-
ganization and the number of votes cast against or-
ganization. Said certificate, together with the
ballots cast upon the question, shall then be en-
closed and sealed up under suitable cover, and di-
rected to the county superintendent of the county
in which such election is held, and the packet thus
sealed shall be sent by registered letter, where prac-
ticable, otherwise it shall be conveyed by one of the
judges of the election, to be determined by lot if

258

HIGH SCHOOLS § 195

they cannot agree otherwise, within three days after
the, closing of the polls.— 8. L. '09, p. 399

195. County superintendent announce result-
call directors — elect committee. On the tenth day
after the close of the election, or sooner if all the
rHurns be received, the county superintendent of
the county shall proceed to open the said returns
and determine the result of the election therefrom.
Said county superintendent shall make and perma-
nently preserve in his office a record of the total
number of votes cast upon the said question of or-
ganization, and the number of votes cast for organ-
ization and against organization. If it shall appear
from such record that the majority of the votes cast
on the question of organizing the county into one
lii.irh school district for high school purposes, shall
be in favor of such organization, the county superin-
tendent of public schools of such county, shall by
notification by mail and by publication where prac-
ticable, call a meeting of the directors of the re-
spective districts of said county, which meeting shall
be held at the office of said county superintendent
not later than thirty days after the election herein
provided for. Such meeting shall be organized by
the election of a temporary chairman and secretary,
and the directors present shall then proceed to elect
by ballot from among the members of said boards
of directors, four persons, who with the county su-
perintendent of public schools as an ex officio mem-
ber, shall be known as the high school committee.
No two members of any board of directors shall at
the same time be members of the high school com-
mittee, except in counties where there are less than

269

§196 HIGH SCHOOLS

four districts. Immediately after its election as
aforesaid, the committee shall select from its mem-
bers a president and a treasurer. The county su-
perintendent of schools shall be ex officio the secre-
tary of the committee. — s.L. '09, p. 399

County superintendent has vote — need not give bond.

1. The county superintendent has a vote as a member
of a county high school committee. This also involves his
voting whether there is or is not a tie.

2. A county superintendent need not give bond as
secretary of the county high school committee, since his
bond as county superintendent covers all obligations im-
posed upon him as an official.

County superintendent has no vote selecting nigh school
committee.

3. The law in regard to county high schools gives the
county superintendent no authority to vote with the di-
rectors of the county in selecting a high school committee,
even in the case of a tie vote. But the selection of the
member of such committee should be by a majority vote
of all the legal votes present.

County superintendent not entitled to salary as secretary.

4. The law provides that a county superintendent
shall be ex-officio a member and secretary of the county
high school committee; and therefore all services per-
formed by him as said secretary is by virtue of his office
of county superintendent and for which he is entitled to
no further compensation than his salary as superintendent.

196. Term of members of high school committee
— vacancy — how filled. The term of office of each
member of the high school committee shall expire
simultaneously with the expiration of his term of
office as a director of the school district wherein he
resides, and the vacancy thus created shall be filled
by the directors of the various school districts of
the county, at a meeting held at the office of the
county superintendent not later than thirty days
after the occurrence of the vacancy. The secretary

260

HIGH SCHOOLS §§197-198

of the committee shall give each director at least
ten days' notice by mail of the holding of such meet-
ing. All vacancies caused in any other manner than
by expiration of term of office shall be filled by ap-
pointment by the county superintendent of public
schools.— #. L. '09, p. 400

Expiration of office.

1. The tenure of office as a member of the county
high school board expires with the expiration of the term
of office of the member of the board in the district where
he has been elected to office. The fact of his re-election
in the district would not necessarily mean the continuance
of his office as a member of the high school board. His
continuing to hold the position would be entirely dependent
upon the fact of his being again selected to the joint school
board after his re-election as a member of the district
board.

2. In case an appointment to fill a vacancy in a
county high school committee is made, it holds only until
the next election, and not until the appointee's term as
director of the school district is concluded.

197. Meetings of committee — regular — special.
The regular meetings of the high school committee
shall be held on the first Saturday of March, June,
September and December in each year, and special
meetings may be held upon call of the president or
secretary of the committee or upon request of any
two members thereof .—8. L. '09, p. 400

Twenty days' notice of special meeting.
1. It will be necessary to give twenty days' notice of
the special meeting called for the purpose of voting upon
the question of supplying free text books for the county
high school, and notices should be posted in the various
school districts composing the county high school district
as is required in the case of a special district meeting or
election.

198. High school district a body corporate.
Each regularly organized high school district here-

261

§§199-200 HIGH SCHOOLS

tofore formed, or that may be formed, as provided
in this act, is hereby declared to be a body corpo-
rate, by the name and style of "

county high school district in the state of Colo-
rado," and in that. name may hold property and be
a party to suits and contracts, the same as munici-
pal corporations in this state. — 8. L. '09, p. 400

199. May hold real estate. It shall be lawful
for any high school district in this state to take and
hold, under the provisions of any law now or here-
after in force providing for the exercise of the right
of eminent domain, so much real estate as may be
necessary for the location and construction of a
high school building or buildings and convenient use
of the high school. — 8. L. '09, p. 401

200. Powers and duties of committee. Every
high school committee, unless otherwise provided by
law, shall have the power, and it shall be their dut.7 :

First — To employ or discharge teachers, me-
chanics and laborers, to fix and order paid- their
wages, and to determine the rate of tuition for non-
resident pupils.

Second — To enforce the rules and general regu-
lations of the state superintendent, to fix the course
of study, the exercises and kind of text books to be
used; Provided, That but one kind of text book of
the same grade or branch of study shall be used in
the same department of a high school, and that
after the adoption of any book, it shall not be
changed in less than four years, unless the price
thereof shall be unwarrantably advanced, or the
mechanical quality lowered, or the supply stopped.

262

HIGH SCHOOLS §200

Third — To provide for school furniture, and for
everything needed in the high school building, or
for the use of the high school committee.

Fourth — To rent, repair and insure high school
buildings.

Fifth — To build or remove high school buildings,
and to purchase or sell school lots when directed by
a vote of the high school district so to do.

Sixth — To hold in trust for their high school dis-
trict all real or personal property for the benefit of
the high school thereof.

Seventh — To suspend or expel pupils from the
high school who refuse to obey the rules thereof.

Eighth — To determine the number of teachers
that shall be employed and the length of time in
each year during which the high school shall be
kept, and to fix the time for the opening or closing
of the high school.

Ninth — To provide books for indigent children
on the written statement of the teachers that the
parents of such children are not able to purchase
them, and to furnish free text books for the use of
all pupils, when authorized to do so by a majority
vote of the high school district, as expressed at any
regular or special meeting, i

Tenth — To require all pupils to be furnished with
the proper and suitable books as a condition of mem-
bership in the high school.

Eleventh — To exclude from the high school and
its libraries all books, tracts, papers and other pub-
lications of an immoral or pernicious tendency.

Twelfth — To require teachers to conform to the
law.

263

§200 HIGH SCHOOLS

Thirteenth — To make an annual report, as re-
quired by law, to the county superintendent^ on or
before the first day of August of each year, in the
manner and form and on the blanks prescribed and
furnished by the superintendent of public instruc-
tion.

Fourteenth — To make a report directly to the
state superintendent whenever instructed by him so
to do.

Fifteenth — Whenever a pupil resident in one
high school district desires to attend the high
school in another high school district, such pupil
shall be permitted to do so ; Provided, That the high
school committee may refuse to admit pupils from
other high school districts upon the ground of in-
sufficient room.— 8. L. '09, p. 401

Powers of committee.

1. The county high school committee would not have
the authority to hire the county superintendent to teach
in such high school, such superintendent still holding office
as county superintendent, which makes him a member of
the county high school committee.

2. A county high school committee has not the author-
ity to furnish free text books to the pupils attending the
school unless a majority vote of the electors of the county
has been cast in favor of t such action.

3. The county high school district has the right to
levy a one-tenth mill tax for library purposes, just as any
other district has.

4. The county may be bonded for the expenses of
building just as any school district may be bonded.

5. It is the duty of the high school committee to
certify to the board of county commissioners the amount
of tax to be levied for county high school purposes, and it
then becomes the duty of the county commissioners to
levy the tax. If the high school committee fails to per-
form its duty, it may be required to do so by mandamus.

264

HIGH SCHOOLS §201

Principal cannot Z>e county superintendent.

6. In the case of the principal of a county high school
teing elected county superintendent, he could not legally
hold both positions.

Principal has no authority over county schools.

1. The principal of a county high school has authority
only over such high school rooms, and has no control over
the country schools in the same district.

Special certificate to teach in high schools.

8. The law makes the same requirements of the prin-
cipal or teachers of a county high school as of any school
of high grade. Therefore, a special certificate covering
the high school branches must be obtained by the appli-
cant who expects to teach in a county high school.

Warrants not drawn till levy made.

9. Warrants cannot be legally drawn and registered
on the county high school fund before the levy has been
made.

How county high school supported.

10. Persons attending the county high school will not
draw state and county funds from the quarterly and semi-
annual apportionments as a separate amount for the benefit
of the high school. Their names are to be included in the
various districts where they reside, said districts drawing
the per capita amount for their names. The high school
is expected to be entirely supported by direct taxes.

201. • Powers and duties of president. The presi-
dent, when present, shall preside at all meetings of
the high school committee and of the high school
district; shall sign all orders on the county treas-
urer for the payment of money; Provided, however,
That no orders shall be drawn upon the county
treasurer except in favor of parties to whom the
high school district has become lawfully indebted.
He shall appear in behalf of his high school district
in all suits brought by or against the same, but when
he is individually interested this duty shall be per-
formed by the secretary, and in the absence of the

265

§§202-203-204 HIGH SCHOOLS

president the secretary shall preside at the com-
mittee and district meetings. — 8. L. '0.9, p. 402

202. Powers and duties of secretary. The sec-
retary shall keep an accurate account of the ex-
penses incurred by the high school district, and
shall present the same to the committee whenever
called upon. He shall give the required notice of all
regular and special meetings as herein authorized.
He shall keep the same records and make the same
reports as are now or may hereafter be required by
law to be kept and made by secretaries of public
school districts. — 8. L. '09, p. 402

203. Powers and duties of treasurer. The treas-
urer shall countersign all warrants drawn by the

president and secretary on the county treasurer, in
favor of parties to whom the high school district
has become lawfully indebted, and keep an account
of the same. He shall take charge of all moneys re- j
ceived by him on account of the high school district
from the county treasurer, as now provided by law,
and pay out the same as by law provided. He shall
render a statement of the finances of the district, as I
shown by the records of his office, at the close of
each school year and at any other time when re-
quired by the committee. The treasurer shall per-
form such additional and be subjected to such addi-
tional obligations as are now or may hereafter be
imposed by law upon the treasurers of public school
districts.— s. L. '09, p. 403

204. Powers and duties same, directors first and
second classes. Each high school district heretofore
formed or that may be formed, as provided in this
act, shall exercise all the powers and perform all

266

HIGH SCHOOLS §§205-206

the duties that are at the time of the adoption of this
act accorded to and required of directors of first
and second class districts throughout the state; Pro-
vided, That the amount of tax certified to the coun-
ty commissioners for the maintenance of the high
school in any high school district, shall in no case
exceed four mills on the dollar, of the assessed val-
uation of the high school district. — 8. L. '09, p. 403

205. Tax levied by county commissioners — col-
lected and paid out by county treasurer on warrant
president and secretary. The county commission-
ers of any county wherein is a high school district
heretofore organized according to law, or where an%>
high school district is organized under the provi-
sions of this act, or heretofore organized as a union
high school at any county seat, under section 595G
of the Revised Statutes of Colorado of 1908, shall
levy annually, at the time of levying taxes for other
purposes, a high school tax on all the taxable prop-
erty of the county, said tax not to exceed four mills
on the dollar of the assessed valuation. The high
school tax shall be assessed and collected in the same
manner as other taxes are assessed and collected
and shall be paid out by the county treasurer on
warrant drawn by the president and secretary of
the high school committee and countersigned by
the treasurer thereof .— flf. L. '09, p. 403

Levy for library.

1. The county high school district has the right to
levy a one-tenth mill tax for library purposes, just as any
other district has.

206. High school districts subject to provisions
of this act. All high school districts organized and
now existing under the provisions of chapter 100 of

2G7

§206 HIGH SCHOOLS

the Session Laws of Colorado, 1899, being "An act
to provide for the establishment and support of high
schools in counties of the fourth and fifth classes,"
approved April 8th, 1899, or under chapter 219 of
the Session Laws of Colorado, 1907, being "An act
to amend an act entitled an act to provide for the
establishment and support of high schools in coun-
ties of the fourth and fifth classes," approved April
9th, 1907, are hereby declared to be duly organized
high school districts under the provisions of this
act, and entitled to enjoy all the privileges and ex-
ercise all the powers conferred by this act, and shall
hereafter be subject to the provisions of this act ;
Provided, That no school district in any county shall
be taxed without its consent for the support of more
than one class or kind of high school, the establish-
ment of which is authorized by law; and in voting
on the organization of a county high school district
under the provisions of this act, any school district
then maintaining a high school or any school dis-
tricts then organized into a union high school dis-
trict and maintaining therein a union high school
may by voting against the organization of a county
high school district be excluded from such county
high school district; but if any school district main-
taining a high school or districts maintaining a
union high school shall, under the provisions of this
section, vote against the organization of a county
high school district, the ballots cast in such dis-
trict or districts shall be considered only upon the
question of exclusion and shall not be considered
in determining the final result upon the question of
organizing a county high school district. And pro-

268

HIGH SCHOOLS §207

viding, further, That any school district maintain-
ing a high school, or any districts organized into a
union high school district and maintaining therein a
union high school, may abandon such high school-
organization and organize under the provisions of
this act. —8. L. '09, p. 407

' UNION HIGH SCHOOLS.

207. Union high school — how established.

AYhenever the school boards of two or more contig-
uous school districts shall each deem it advisable to
establish a union high school, the county superin-
tendent shall, at the request of two of the secretaries
of the boards, call a meeting of the boards interested
by giving personal notice to each member, which
meeting shall elect by ballot from among the mem-
bers of said boards, if a majority of the members of
each board are present, a committee of three, to be
known as the high school committee of such union
school. The county superintendent shall be, ex of-
ficio, an additional member of said committee, and
shall preside at the meetings thereof. There shall be
elected a secretary of such committee, and if need
be a treasurer. In any case in which the county
seat of any county shall be all included in one school
district the board of such school district shall have
the same powers of establishing and organizing a
high school as are hereby given to the boards of two
or more contiguous school districts, and in such case
the high school committee shall be the board of
such school district, or such three members as they
may select. High schools formed under the provi-
sions of this section shall be open to children from
all districts of the county in which they are so

269

§207 . HIGH SCHOOLS

formed, provided, such children are qualified, as
hereinafter provided.— R. 8. 5956

Note. Union high schools in counties of fourth and fifth
classes, section 214.

Note. For different kinds of public schools see note 1, sec-
tion 238, herein.

Union high schools — kinds.

Note. The union high schools authorized by. the laws of this
state may be conveniently classified under three general head-
ings, according to the method provided for maintaining them:

1. Those organized under section 207 herein from two or
more contiguous districts of any class in any class counties,
which are maintained by their quota from the general fund; and
a deficit, if any, is made up from the several district funds, in
proportion to the number of pupils attending from each.

2. Those organized under section 207 herein at any county
seat, where the entire town or city is included in one district,
which are maintained by their quota from the general fund and
from a tax, not to exceed four mills, levied by the county com-
missioners.

3. Those organized under section 214 herein in counties of
the fourth and fifth classes of districts tying adjacent to incor-
porated towns or cities, and of districts afterward added thereto,
which are maintained by a tax, of not less than one nor more
than three mills, levied by the county commissioners— the school
building to be furnished by the incorporated town or city.

High school committee at county seat,
a. The committee of a high school in a district which
includes the county seat consists of either the full board of
the school district, or of three members of it as the district
board may determine.— Money v. McCauley, 44 C. 272

How established.

1. The directors of a third class district have no
authority to establish a high school except under the pro-
visions of Section 207 of the School Laws, Annotated, when
such district embraces within itself a county seat.

Committee — oath — bond — members.

2. A high school committee shall consist of only three
members, and the county superintendent shall be, ex-officio,
an additional member of said committee and shall preside
at its meetings.

270

HIGH SCHOOLS §§208-209-210

3. The members of the union high school board should
give bonds and take oath of office the same as the members
of any other board.

4. After the election of the union high school com-
mittee the members should meet, organize and elect officers
the same as in the first class districts.

208. High school committee — term — vacancies.

The members of said high school committee shall
hold the office for and during the term they are
members of their respective boards. Any vacancies
in said committee, other than such as are caused by
the expiration of the term of office, shall be filled by
the school board of which the person so vacating
was a member. The secretary shall be elected an-
nually, and may receive such compensation as the
committee shall deem proper to allow. — R. 8. 5961

Note. Committee on high schools in counties of fourth and
fifth classes, section 218.

209. High school committees — meeting^. The

regular meetings of the high school committee shall
be held on the first Saturday of March, June, Sep-
tember and December of each year, and special
meetings may be held at any time upon the call of
the county superintendent, or of two members of the
committee. — R. s. 5963

210. Powers of committeen Said committee
shall exercise all the powers and perform all the '
duties, with reference to said high school, that are
accorded to and required of school boards through-
out the state, as provided in section fifty of this
act, and shall have power to establish and prescribe
the qualifications and manner of examination for
admittance to the high school. — R. 8. 5964

Note. Section 50 above referred to is section 124 herein.
271

§211 HIGH SCHOOLS

Has right of body corporate.

1. A union high school district may be bonded for the
purpose of erecting a high school building. The uniting
of contiguous districts into one district for a special pur-
pose gives such district, when properly organized, the same
right to act as a body corporate as other districts possess.

Powers of board not increased.

2. The circumstance that union high schools have been
established does not increase the powers of boards of the
third class districts in the matter of erecting high school
buildings, but their powers of erecting such buildings must
be derived from the electors, as in other cases.

211. How maintained — proportion of school
fund — deficit. After the first establishment of such
a high school, it shall be maintained until the then
next regular apportionment of the county school
fund, as follows: Each district which shall have
any children attending such high school shall draw
from its school fund, and cause to be placed to the
credit of [the] high school fund, such part of the
whole expenses as shall be proportioned to the num-
ber of pupils attendant at such high school from
such district, provided, it is with the approval of
the directors of said district. After the first year,
or part of a year, so as above provided for, the said
high school shall, so far as practicable, be rated as
a separate district. It shall be entitled to draw from
the general, state and county funds its quota for
attendance, as provided by section seventy-two of
this act, and the deficit shall be made up from the
several district funds in proportion to [the] number
of pupils from each district who attended said high
school during the then past year. — R. 8. 5966

Note. Section 72 referred to in this section is section 100.

Note. For different kinds of union high schools and how
maintained, see note 1, section 207.

Note. For different kinds of public schools and how main-
tained, see note 1, section 238.

272

HIGH SCHOOLS §§212-213-214-215

Apportionment of school fund.

1. The amount of the general fund apportioned to a
pupil attending a union high school should be credited to
such high school and not to the district in which he resides.

Pupils not draw money for common and high school.

2. A pupil cannot be listed as a union high school
pupil and also as a pupil of the district in which he resides
and draw general school money for both common and union
high schools.

212. Forty weeks annually — who may be ad-
mitted. The high school may be maintained during
forty weeks in each year, and shall be free to all
children in the county who are qualified for ad-
mission, according to the requirements prescribed
by the committee, and all children in the county
who are so qualified, and who can pass the examin-
ation prescribed by the committee shall be entitled
as of right to attend said high school.— R. 8. 5969

213. Every district contributing have voice in
election. Every district in the county which con-
tributes to the support and patronage of said high
school shall, by its board of directors, be entitled to
a voice in the election of members of the committee.
— R. 8. 5971

UNION HIGH SCHOOLS IN COUNTIES OF FOURTH
AND FIFTH CLASSES.

214. Organization. In all counties of the fourth
and fifth classes, all school districts lying adjacent
to an incorporated town or city may be organized
into a union high school district. — R. 8. 5972

215. How supported — annual levy — building.
The county commissioners of each of said counties
are required to levy a tax of not less than one or
more than three mills upon all taxable property in
such high school districts when the same shall have

273

§§216-217-218 HIGH SCHOOLS

been organized, for the support of such school.
Such levy shall be made annually after the organ-
ization of the said district shall have been made, at
the same time that other taxes are levied.

It shall be the duty of the school district in
which such school or incorporated town is incorpo-
rated to provide, at its own expense, a suitable
building for the use of such union high school.
— R. 8. 5973

Note. For different kinds of union high schools and how
maintained, see note 1, section 207. For different kinds of public
schools and how maintained, see note 1, section 238.

216. Addition — outlying district. Any outlying
school district not contiguous to such city or incor-
porated town may, by a majority vote of the duly
qualified electors of such district, be added to any
such union high school district within the county;
and where it is more convenient for the pupil of
any school district to attend school in a union high
school of another county, such district may be at-
tached, by such vote, to the union high school dis-
trict of an adjacent county. — R. s. 5974

217. No conflict. The organization of these
union high school districts shall not affect the or-
ganization nor the levy of the regularly organized
districts. — R. S. 5975

218. School board — how constituted — election.
The county superintendent shall, on or before the
first day of May, 1903, appoint one member from
each of the adjoining or outlying districts compos-
ing such union high school districts who shall, to-
gether with the members of the regularly organized
district in which the building is located, constitute
the school board of such union high school district.

274

HIGH SCHOOLS §§219-220

Each following year the members of the school
board shall be elected at the regular annual meeting
of the several districts.— R. 8. 5976

Committee.

1. The county superintendent is not a member of a
union high school committee in a county of the fourth or
fifth class, but the board is composed of one member from
each of the outlying districts and the members of the reg-
ularly organized district in which the building is located.

2. The members of the union high school board
should give bonds and take the oath of office the same as
the members of any other board.

3. After the election of the union high school com-
mittee the members should meet, organize and elect officers
the same as in the first class districts.

219, Qualifications to enter — course of study.

The qualifications necessary to enter such union
high school shall be a diploma from the county su-
perintendent upon completion of the eighth grade
work, or a certificate issued upon grades in lieu of
the eighth grade work. The county superintendents
of the several counties shall, at their first annual
state meeting, appoint a committee of five, who shall
formulate a course of study for such union high
schools, such course .to be uniform in all the grades.

— R. 8. 5977

DISTRICT HIGH SCHOOLS.

220. Board in first or second class districts may
establish high school. The school board of districts
of the first and second classes shall have the power
to establish a separate high school whenever they
shall deem it expedient or necessary and shall have
power to determine the qualifications for admission
to such school, and shall exercise all the powers with
reference to such high school which are accorded to
them in relation to the schools of lower grade ; Pro-

275

§220 HIGH SCHOOLS

vided, That no school board shall build or lease any
building especially for such high school, unless au-
thorized to do so by a vote of the district, as pro-
vided in section sixty-two of this act. — R. s. 5926

Note. Section 62 above referred to is section 148.

Note. For different kinds of high schools, see note 1, section
191. For different kinds of public schools and how maintained,
see note 1, section 238.

District nigh schools — How maintained.
1. District high schools are a part of the common
school system of their respective districts, and are main-
tained in the same manner.

276

HOLIDAYS AND SCHOOL YEAR

221. School year — month — week — day — na-
tional holidays. The school year shall begin on the
first day of July and end on the thirtieth day of
June. A school month shall be four weeks, a school
week five days, and a school day shall not exceed
six hours, excluding the time of intermission at
noon. The term "national holiday," in this chap-
ter, shall be construed to mean Thanksgiving day,
Christmas day, New Year's day, Washington's birth-
day, Decoration day, Labor day and the fourth day
of July. - R. 8. 6013

Holidays and semi-holidays.

Note. In addition to above holidays, the general election
day, in November; Colorado day, first day of August; Columbus
day, twelfth day of October, and Lincoln's birthday, although not
specifically made a holiday as to schools, are considered holidays
so far as our public schools are concerned. Arbor day, the third
Friday in April; Flag day, in June (proclaimed by the governor),
and Good Roads day, the second Friday in May, are designated
as semi-holidays, to be observed by special exercises.

Legal holidays — how observed.

1. A legal holiday falling upon Sunday, it is custo-
mary to observe Monday.

2. The twenty days of a school month include such
holidays as may occur on school days within that month.

3. The time between Christmas and New Year's may
be given to the teacher if the school board chooses to do
so, but it does not legally belong to him.

4. A school board has the right to determine the time
and duration of vacations.

5. Labor Day, being a legal holiday in Colorado, one
is not required to teach a day during the month of Sep-
tember to make up for the school day lost.

6. When school opens on the Tuesday following Labor
Day, Labor Day is counted as a holiday, and is not required
to be made up by teacher.

277

§221 HOLIDAYS AND SCHOOL YEAR

7. Lincoln's Birthday is considered a legal holiday.
When a holiday occurs on Sunday it is customary to ob-
serve the following Monday.

8. Established custom provides for the observance of
Washington's and Lincoln's birthdays in the public schools
by having a patriotic program the day previous to the
holiday, and it is so understood and so observed.

Teacher entitled to salary for legal holidays.

9. A teacher is entitled to have as holidays the days
designated as such by the laws of Colorado, and is entitled
to receive her pay for the same when occurring on school
days during her term of school.

10. In the absence of an- express provision in a
teacher's contract excluding holidays, the teacher is en-
titled to pay for all holidays coming within the school
week included in the period of employment.

11. If, with the consent of the directors, a teacher
holds school on a legal holiday to make up for a day lost,
the teacher is entitled to pay for the full month.

12. To be entitled to his salary for the day, the teacher
should remain in the school room after the hour of opening,
both forenoon and afternoon, a sufficient time to determine
that no pupils will be in attendance.

Vacation — teachers not entitled to pay.

13. If a teacher is engaged by the year at an annual
salary, vacations are not deducted. If he is employed by
the month, and paid a fixed sum per month, vacations are
deducted, if there is no contract to the contrary. A teacher
could just as lawfully claim pay for the long summer
vacation as for the customary holiday vacations; this does
not, however, refer to legal holidays.

14. A teacher is entitled to pay for New Year's Day,
which comes on Monday of the first school ' week after
vacation unless otherwise specially provided in the con-
tract of employment. If the entire week had been made
a vacation, then the teacher would be entitled to no com-
pensation for such holiday.

Year.

15. The fiscal year, with reference to which all taxes
are levied, and all revenue matters are provided for, begins
with December 1st and ends November 30th, while the
school year as relating to the making of reports, election
of officers and term in which the necessary months of
school must be held, is between July 1st and June 30th.

278

HOLIDAYS AND SCHOOL YEAR §§222-223

Time to hold organization.

16. The three months' school required by law to hold
the organization of a district and secure an apportionment
should be held between July 1st and June 30th.

17. The law requires that school shall be taught five
days in the week. There is no provision which would make
it illegal to hold school on Saturday.

Hour's intermission.

18. The teacher has a right to her hour's intermission
at noon, providing she teaches the requisite six hours
through the day. She is required to teach school from 9
a. m. to 4 p. m., unless the board gives her permission
to finish at an earlier hour.

ARBOR DAY.

222. Arbor day — third Friday in April — how to
be observed. The third Friday in April of each year
shall be set apart and known as "Arbor Day," to
be observed by the people of this state in the plant-
ing of forest trees for the benefit and adornment of
public and private grounds, places and ways, and in
such other efforts and undertakings as shall be in
harmony with the general character of the day so
established; Provided, That the actual planting of
.trees may be done on the day designated, or at such

other most convenient time as may best conform to
local climatic conditions, such other time to be desig-
nated and due notice thereof given by the several
county superintendents of schools for their respec-
tive counties.— R. 8. 2942

223. Holiday in schools — how observed. The
day, as above designated, shall be a holiday in all
public schools of the state, and school officers and
teachers are required to have the schools under their
respective charge observe the day by planting of
trees or other appropriate exercises.— .R. 8. 2943

279

§§224-225-226 HOLIDAYS AND SCHOOL YEAR

Legal holiday.

1. While Arbor Day is a legal holiday, it is not a
holiday in the sense that the schools may be closed upon
that day, since certain observances are required on the
part of the schools.

224. Governor issue proclamation — superintend-
ent of public instruction — county superintendents-
report. Annually, at the proper season, the governor
shall issue a proclamation, calling the attention of
the people to the provisions of this act and recom-
mending and enjoining its due observance. The su-
perintendent of public instruction and the respective
county superintendents of schools, shall also pro-
mote, by all proper means, the observance of the
day, and the said county superintendents of schools
shall make annual reports to the state forest com-
missioner of the action taken in this behalf in their
respective counties. — R. 8. 2944

COLORADO DAY.

225. Colorado day — first day in August — com-
memoration of admission of state — public holiday.

That the first day of August of the year 1907, and
the first day of August of each and every year here-
after is hereby made a public holiday to be known
as "Colorado Day," and such day is hereby set
apart for a proper celebration by our people in
commemoration of the admission of the state of
Colorado into the union. — R. 8. 2945

226. When first day falls on Sunday— Monday
following to be celebrated. That whenever the first
day of August falls upon Sunday the following
Monday is hereby designated as the day for cele-
brating such event.

280

HOLIDAYS AND SCHOOL TEAR §§227-228-229

Provided, That this act shall not be construed to
affect the making or execution of agreements or in-
struments in writing, or to interfere with judicial
proceedings. — R. 8. 2946

COLUMBUS DAY.

227. Columbus day — twelfth day of October-
legal holiday. The 12th day of October of the pres-
ent year of our Lord, 1907, and the 12th day of Oc-
tober of each year thereafter is hereby declared a
public holiday, to be known as "Columbus Day/'
and the same shall be recognized, classed and treated
as other legal holidays under the laws of this state ;
Provided, That this act shall not be construed to af-
fect commercial paper, the making or execution of
agreements or instruments in writing, or interfere
with judicial proceedings. — R. 8. 2948

ELECTION DAY.

228. Election day in November. Election day
in November of each year is hereby made a legal
holiday.— R. 8. 2949

GOOD ROADS DAY.

229. Second Friday in May— holiday. That the
second Friday in May of each year shall be set apart
and known as Good Roads Day, to be observed by
the people of this state in the discussion of public
highways and in the construction and repair of the
same, for the benefit and advancement of good roads
in the state of Colorado, and in such further efforts
and undertakings as shall be in harmony with the
general character of the day so established.— s. L. 'it,
p. 446

281

§§230-231 HOLIDAYS AND SCHOOL YEAR

230. Public schools observe. In all public
schools of the state, school officers and teachers are
required to have the schools in their respective
charge observe the day by teaching and educating
the children of the schools with respect to the bene-
fits of good roads. — 8. L. 'ii, p. 447.

231. Proclamation of governor. Annually at the
proper season, the governor shall issue a proclama-
tion calling the attention of the people to the pro-
visions of this act and recommending and enjoining
its due observance. The state superintendent of
public instruction and the respective county super-
intendents of schools shall also promote by all
proper means the observance of the day, and the
county superintendents of schools shall make annual
reports to the state highway commissioner of the
action in this behalf in their respective counties.
—8. L. '11, p. 447.

282

INTEREST

232. Rate of interest on school orders and school
warrants. County orders and warrants, town and
city and school orders and warrants and other like
evidences or certificates of municipal indebtedness
shall bear interest at the rate of six per centum per
annum from the date of presentation thereof for
payment at the treasury where the same may be
payable, until there is money in the treasury for the
payment thereof, except when otherwise specially
provided by law, and every county treasurer, town
treasurer and city treasurer to whom any such coun-
ty, town, city or school order or warrant is presented
for payment, and who shall not have on hand the
funds to pay the same, shall endorse thereon the
rate of interest said order or warrant will draw, and
the date of such presentation, and subscribe such
endorsement with his official signature; Provided,
That all such orders and warrants may be made to
bear a lower rate of interest than above specified,
by special agreement between such counties, towns
and cities issuing the same, and the person to whom
such orders or warrants are issued. — R. s. 3164

283

KINDERGARTENS

233. Free kindergartens may be established-
cost. The school board of any school district "in the
state shall have power to establish and maintain
free kindergartens in connection with the public
schools of said district, for the instruction of
children between three and six years of age, resid-
ing in said district, and shall establish such courses
of training, study and discipline, and such rules and
regulations governing such preparatory or kinder-
garten schools as said board may deem best-, Pro-
vided, That nothing, in this act shall be construed to
change the law relating to the taking of the census
of the school population, or the apportionment of
state and county school funds among the several
counties and districts in this state; Provided,
further, That the cost of establishing and maintain-
ing such kindergartens shall be paid from the special
school fund of said districts, and the said kinder-
gartens shall be a part of the public school system
and governed as far as practicable in the same man-
ner and by the same officers as is now, or hereafter
may be, provided by law for the government of the
other public schools of the state ; Provided, further,
That teachers of kindergarten schools shall have a
diploma from some reputable kindergarten teachers'
institute, or pass such examination on kindergarten
work as the kindergarten department of the state
normal school may direct— .R. 8. 5927

Establishment of school mandatory.

a. Section 2 Article 9 of the constitution providing for
the establishment and maintenance of a system of free

284

KINDERGARTENS § 233

public schools, is mandatory and requires affirmative action
by the legislature, and is not a limitation of its power to
provide free schools for children under the age of six
years. — In re Kindergarten Schools, 18 C. 234

Certificates.

1. Under the above provision a Colorado school board
may lawfully employ a kindergarten teacher having a di-
ploma from some reputable kindergarten teachers' institute
outside of the state of Colorado, and it is not necessary
that such teacher shall first pass an examination directed
by the kindergarten department of the state normal school.

2. It is illegal to pay from the public fund a kinder-
garten teacher or assistant who holds no kindergarten cer-
tificate.

3. A district of the first class has no authority to issue
kindergarten certificates.

4. It would not be legal for a district of the first class
to employ a teacher for kindergarten work if the board's
certificate is the only credential that she holds in connec-
tion with such work.

5. The examination for state kindergarten certificate
occurs on the third Thursday, Friday and Saturday in
August at the office of the superintendent of public instruc-
tion; and a certificate obtained at the state kindergarten
examination is good for life, unless revoked by the state
board of education.

285

NORMAL INSTITUTES

234. Normal institutes — time and place — how
determined. For the purpose of organizing and
maintaining teachers' normal institutes, the state
shall be divided into the following institute districts,
viz.: The counties of Sedgwick, Phillips, Logan,
Yuma, Washington and Morgan to constitute normal
district No. one. The counties of Weld, Larimer
and Boulder to constitute normal district No. two.
The county of Arapahoe to constitute normal dis-
trict No. three. The counties of Gilpin, Clear Creek
and Jefferson to constitute normal district No. four.
The counties of Douglas, Elbert and El Paso to con-
stitute normal district No. five. The counties of Kit
Carson, Lincoln and Cheyenne to constitute normal
district No. six. The counties of Fremont, Custer
and Pueblo to constitute normal district No. seven.
The counties of Kiowa, Otero, Bent, Prowers and
Baca to constitute normal district No. eight. The
counties of Huerfano and Las Animas to constitute
normal district No. nine. The counties of Saguache,
Costilla, Conejos and Eio Grande to constitute nor-
mal district No. ten. The counties of La Plata,
Montezuma, Archuleta, Dolores and San Juan to
constitute normal district No. eleven. The counties
of San Miguel, Ouray, Hinsdale, Mesa, Delta, Mont-
rose and Gunnison to constitute normal district No.
twelve. The counties of Chaffee, Lake, Park, Pit-
kin, Eagle, Summit, Garfield, Routt, Rio Blanco and
Grand to constitute normal district No. thirteen.
Provided, That new counties formed within the

NORMAL INSTITUTES §234

limits of any institute district shall be a part of
said district. A normal institute for the instruction
of teachers and those desiring to teach may be held
annually for a term of not less than two weeks in
each normal district of the state. The county su-
perintendents of each institute district shall an-
nually select not more than three of their number as
an executive committee, who, with the advice and
consent of the superintendent of public instruction
and the president of the state normal school, shall
determine the time and place of holding such normal
institute, and shall select a conductor and instruc-
tor for the same. To defray the expenses of said
institute the executive committee shall require the
payment of one dollar registration fee for each per-
son attending the normal institute, and each county
superintendent is hereby authorized to add five per
cent, to the averaging standing in examination of
teachers who shall attend the normal institute from
his county. When a normal institute of not less
than two weeks is held in any institute district of
the state the executive committee in charge shall
certify to the boards of county commissioners of the
several counties within the district the number and
names of the persons attending said institute from
their respective counties, and it shall be the duty of
the board of county commissioners of the county
where such persons belong to appropriate the sum
of two dollars for each person so certified. The
funds arising from registration fees and appropria-
tions of county commissioners shall be designated
the "normal institute fund, " and some county treas-
urer, whom a majority of the county superintend-

287

§234 NORMAL INSTITUTES

ents of the district shall designate, shall be the cus-
todian of said fund. The executive committee shall,
at the close of each institute, transmit to said cus-
todian all funds received by it, as provided in this
section, together with the name of each person pay-
ing a registration fee. The executive committee
shall also report to the several boards of county
commissisoners in the district, the name and ad-
dress of the custodian of the ''normal institute
fund." On the receipt of such notice the several
boards of county commissioners shall issue war-
rants for the appropriations provided in this sec-
tion, payable to said custodian. It shall be the duty
of the superintendent of public instruction, an-
nually, when the executive committee of any normal
institute district shall certify that not less than,
twenty persons have paid the registration fee, and
have received instructions during the session of the
institute, to certify the same to the auditor of state,
who shall forward to the custodian of the "normal
institute fund" of such district a warrant on the
state treasurer for the sum of fifty dollars, to be
paid out of any money appropriated for that pur-
pose. All disbursements of the "normal institute
fund" shall be upon the order of the executive com-
mittee, and no order shall be drawn on said fund
except for claims approved by said committee for
services rendered and expenses incurred in connec-
tion with the normal institute. It shall be unlawful
to pay any one from the institute fund for services
as conductor or instructor for such institute, who
does not hold a certificate or qualification for such
work, issued by the state board of education, upon

288

NORMAL INSTITUTES §234

the recommendation of the state board of examiners ;
Provided, That a member of the state normal school
faculty shall be ex officio a conductor of normal in-
stitutes.—.B. S. 5996

Note. Mineral county made a part of normal institute
district No. 10 (R. S. 5997); Teller county made a part of the
fifth normal institute district (R. S. 5998); Arapahoe and Adams
counties, with the city and county of Denver, constitute normal
institute district No. 3 (R. S. 132 and 5999); Jackson county at-
tached to the second normal institute district (S. L. '09, p. 436);
Crowley county made a part of the eighth normal district (S. L.
'11, p. 222).

County superintendent not entitled to compensation, when.

a. There is nothing in the law imposing a duty upon
county superintendents to attend a district normal, and the
county superintendent who does so is not entitled either
to mileage or a per diem compensation, although he may
be a member of the executive committee of the normal
district.— Stevens v.> Sedgivick Co., 5 C. A. 115

Five per cent, credit for attendance.

1. A county superintendent is under no obligation to
add five per cent, to the standing of applicants for teachers'
certificates who attend the normal institute from a county
other than his own, but he may if he so desires.

2. It is not intended by law that the five per cent, for
attendance at normal institute shall be added in any county
unless the applicant has attended a normal institute in this
state during the whole time it is in session.

3. The five per cent allowed an applicant for a teach-
er's certificate on account of attendance at a normal insti-
tute means a straight five per cent of one hundred, and not
five per cent of the general average, for otherwise one
teacher would receive more credit than another for attend-
ing such institute, which is not the intent of the law.

4. The credits which county superintendents are in-
structed to give to applicants for certificates by reason of
attendance at the normal institutes should be given to
those persons only who have attended an institute in
Colorado.

5. The five per cent credit may be given at any exam-
ination during the year immediately following the normal
institute, and the county superintendent may use his dis-
cretion at which examination this is to be given;

That it is only to be given at one examination.

289
10

§234 NORMAL INSTITUTES

Session.

6. Two weeks' session of the normal institute must be
held. If the session is shorter, the county commissioners
are under no obligation to pay for teachers attending from
their county.

Teacher not paid for attendance.

7. Where a county superintendent calls a county insti-
tute or teachers' association, he has not the right to rule
that the district must pay the teacher the same as if she
had taught school, although the school board has the right
to allow the teacher such time and pay her for it upon the
request of the county superintendent; but the authority in
the matter rests with the district board.

Pay for services as conductor.

8. It shall be unlawful to pay any one from the in-
stitute fund for services as conductor or instructor of such
institute, who does not hold a certificate or qualificatipn
for such work, issued by the state board of education upon
the recommendation of the state board of examiners;
Provided, That a member of the state normal school faculty
shall be ex-offlcio a conductor of normal institutes.

Time and place of normal — hoiv determined.

9. The executive committee from each normal institute
district with the advice and consent of the state superin-
tendent of public instruction, and the president of the state
normal school, shall determine the time and place of holding
such normal institute, and select a conductor and instructor
for the same.

Certificate not endorsed.

10. A normal institute certificate need not be endorsed.
The certificate is good until revoked by the state board of
education, or until the expiration of the time specified on
the face of the certificate.

Fee.

11. The law requiring a dollar fee for a teacher upon
taking the examination, in no way does away with the
requirement of the attendance fee for attending a normal
institute.

Meeting of committee — by whom called.

12. If the president of an institute executive committee
fails to call a meeting of the committee it would be proper
for the other two members to call a meeting, giving the
president notification of such meeting; and at such meeting

290

NORMAL INSTITUTES § 234a

it would be proper to transact the necessary business to
establish and maintain a successful institute.

Attendance of county superintendent at district normal not
compulsory.

13. There is nothing in this act imposing a duty upon
county superintendent to attend a. district normal, and a
county superintendent who does so is not entitled either to
mileage or a per diem compensation, though he is a member
of the executive committee of the normal district.

[Note. The following (omitting the title and enacting, re-
pealing and emergency clauses) is the law passed by the eight-
eenth general assembly and referred by petition, and will be
voted upon by the people at the general election in 1912. If car-
ried, it will repeal section 234 herein.]

234a. For the purpose of establishing and main-
taining teachers' summer normal school districts and
summer normal schools the state shall be divided
into the following districts: The northern Colorado
district shall consist of the counties of Weld, Logan,
Sedgwick, Phillips. Yuma. Washington, Morgan,
Adams, Arapahoe, Douglas. Elbert, Lincoln, Kit
Carson, Cheyenne. .Jefferson. Clear ('reek. Boulder,
Gilpin. Denver. Larimer and -Jackson; the southern
Colorado district shall consist of the counties of
Teller. Park. Fremont. HI Paso, Custer, Pueblo.
IIuerf}iiio, Las Animas. Otero, Bent, Prowers, Baca
and Kiowa ; the San Luis Valley district shall consist
of the counties of Costilla, Conejos, Rio Grande,
Saguarlx1 and Mineral; the Montezuma valley dis-
trict shall consist of the counties of Archuleta, San
•Juan. La Plata. San Miguel, Dolores and Monte-
/nma ; the central western Colorado district shall
consist of the counties of Gunnison. Chaffee, Lake,
Eagle, Summit, Garfield, Mesa, Pitkin, Delta, Mont-
rose. Iljnsdale and Ouray ; the northwestern Colo-
rado district shall consist of the counties of Grand.
Rio Rlanco and Routt .— N. L.'tl. p. 156

291

§§234b-234c NORMAL INSTITUTES

234b. A summer normal school for the instruc-
tion of teachers and those desiring to teach shall be
held annually for a term of not less than six weeks
in each summer normal school district of the state.
The county superintendents of each summer normal
school district shall annually elect not more than
three of their number as an executive committee.
The board of trustees of the state normal school at
Greeley, together with this committee, shall employ
all instructors, determine the time and place of hold-
ing each summer normal school, and perform all
other functions of a managing board for said sum-
mer normal school districts ; provided that the sum-
mer school for the central western Colorado district
shall be held at Gunnison, and the summer school
for the northern Colorado district shall be held at
Greeley; provided further, that any school of college
grade located in any summer normal school district
may offer courses for teachers which, if satisfactory
to the governing board of said district shall be ac-
cepted as fulfilling the minimum requirements for
the training of teachers. — 8. L. '11, p. 157

234c. To defray the expenses of said summer
normal schools, a registration fee shall be collected
from each person attending the summer normal
school. The executive committee of county super-
intendents shall certify to the boards of county com-
missioners of the several counties of the state the
number and names of the persons attending a sum-
mer normal school from their respective counties,
and it shall be the duty of the county commissioners
of the county where such persons belong to appro-
priate the sum of $2.00 for each person so certified.
— fif, L. '11, p. 157

292

NORMAL INSTITUTES §§ 234d to 234g

234d. This money, together with all fees col-
lected for the examination of teachers, fees collected
from those who attend a summer normal school, and
all special appropriations for the support of such
schools, shall be forwarded to the state treasurer
and shall be designated by him, "The Summer Nor-
mal School Fund."— 8. L. '11, p. 157

234e. All fees collected from each summer nor-
mal school district shall be kept separate for the use
of that district— S. L. '11, p. 158

234f. The state auditor shall, upon the order of
the president of the board of trustees of the state
normal school at Greeley, countersigned by the sec-
retary of said board and by the chairman of the
executive committee of the summer normal school
district in whose favor the warrant is drawn, draw
his warrant in favor of the treasurer of the desig-
nated district; provided, .that moneys appropriated
or collected for one summer normal school district
shall be used for no other purpose than the legiti-
mate expenses of that district. — 8. L. 'it, p. 158

234g. To assist in effectively carrying out the
provisions of this act, the sum of five thousand dol-
lars is hereby appropriated from the general fund
out of any moneys not otherwise appropriated, to be
used by the trustees of the state normal school at
Greeley for the maintenance of summer normal
schools in the dosignnh'd districts.— 8. L. '11, p. 158

PUBLIC CONTRACTS

235. Officer not interested in contract. When-
ever any officer of this state or of any county, city,
town or school district therein, shall be charged
with the duty of making am^ contract for or on
behalf of this state, or of any county, city, town
or school district therein shall be obliged to pay any
sum of money to any person whomsoever, and when-
ever any such officer, as a member of any board of
auditors, commissioners or directors, or otherwise,
shall have any vote or voice in awarding any such
contract, 'it shall not be lawful for any such officer
to become in any manner bound for the fulfillment
of such contract, or to take or receive any part or
portion of the mpney specified in such contract, or
to be in any way, manner or degree, interested in
such contract, excepting in his official representative
capacity.— R. 8. 4994

Director not make contract with board.

1. Any member of a board of directors who shall have
any voice or vote in awarding a contract cannot lawfully
enter into any part in the fulfilling of said contract; nor
can he take or receive any part or portion of the money
specified in said contract, or be in any way, manner or
degree interested in said contract, except in his official
representative capacity.

2. A school director cannot legally become a teacher
in the district in which he holds that office.

3. A school director has no right to cause his district
to be in any way indebted to him unless such director
happens to be secretary of the district and compensation
has been allowed, in which case he makes out a warrant
to himself, and that warrant is signed by the treasurer.

4. Contracts made b'y a school district with a school
director in violation of the law relative to public contracts
are void

294

I'l'I'.LK' CoXTIiACTS §§236-237

School board let contract to husband of director.
5. A school board can legally let a contract to a man
whose wife is a member of the school board, as the fact
that the wife is a member and is, therefore, excluded from
being a party to a contract with the district would in no
way affect the husband, who is not a member of the school
board.

236. Penalty. Whosoever shall offend against
the provisions of this act shall be imprisoned not ex-
ceeding six months, and fined not exceeding $2,000.
find shall be removed from office. — R. S. 4995

237. Officers dealing in warrants. It shall be
unlawful for any county, city, town or school dis-
trict officei- in this state to buy, purchase, trade in or
acquire, either directly or indirectly, any county,
city, town or school district warrant or any other
evidences of county, city, town or school district in-
debtedness of the county of which he is such officer
?it the time. Any violation of the provisions of this
act shall be adjudged a misdemeanor and punished
in the discretion of the court by a fine and not ex-
ceeding five hundred dollars, or imprisonment in
the Qounty jail for a period of not more than thirty
da vs.— R. 8. 1820

295

PUBLIC SCHOOLS

238. Public school defined. A public school is
hereby defined to be a school that derives its support
entirely, or in part, from money raised by a general
state, county or district tax.— R. s. 6008

Public schools — kinds.

Note. The public schools of this state consist of the ele-
mentary schools and the high schools.

Elementary schools include (a) kindergarten schools and (b)
the first eight grades of the public schools.

(a) Kindergarten schools are supported by moneys from the
special fund of the respective districts establishing them; but
their establishment, like district high schools, are optional with
the , different districts, and, when established, are free to all
children between the ages of three and six years residing within
such district.

(b) The first eight grades must be taught in at least one
public school in each school district of the state, and be free to
all children of school age residing in such district. Such schools
are supported by their quota from the general fund and from a
special fund raised by a mill levy on all taxable property within
the district, not to exceed twenty mills, however, in third class
districts.

High schools consist of (a) district high schools, (b) union
high schools and (c) county high schools.

(a) District high schools may be maintained in any first or
second class district desiring to establish them, but not in third
class districts, although the latter may add certain of the high
school branches to the first eight grades. Such high schools are
free to all children of school age residing within such district,
and are supported in the same manner as the eight grade schools.

(b) Union high schools are of three kinds:

(1) When composed of two or more contiguous districts,
not including a county seat, or an incorporated city or town in a
fourth or fifth class county. Such union high schools are free
to all children of school age residing within the county, and are
supported by their quota from the general fund. Any deficit is
made up by the different districts, in proportion to the number
of children /attending from each.

296

PUBLIC SCHOOLS §239

2. When the county seat is all included in one district.
Such union high school is also free to all children of school age
residing within the county, and is supported by its quota from
the general fund and by a levy of not to exceed four mills on all
the taxable property of the county.

3. When organized from districts contiguous to and includ-
ing an incorporated city or town in fourth and fifth class coun-
ties, the school building to be furnished by such city or town.
Such union high schools are free to all children of school age
residing within 'such districts, and are supported by their quota
from the general fund and a levy of nqt less than one nor more
than three mills on all taxable property therein.

(c) County high schools are of one kind only, and are
established at the county seats unless otherwise ordered by a
majority vote of the electors of the entire county. They are
free to all children of school age within the county, and are
supported by their quota from the general fund and by a levy
of not to exceed four mills on all taxable property within the
county.

What constitutes a public school.

1. The departments of a school cannot be legally con-
sidered as separate schools.

2. Where a school is conducted as a public school,
even though supported by other than public school money,
it is proper to include the additional term after the five
months provided for by the school fund, as if it were also
supported by such fund, and the teacher should make her
report for the whole time.

3. If a school teacher is engaged to teach a school in
a district and is paid even in part from the public school
fund, the school is a public school, open to all children
eligible to attend school in the district, and such a school
must be controlled as any other public school is, even if
supported in part by private subscription.

239. Schools taught in English language — hy-
giene— Spanish — German — humane treatment to an-
imals. The public schools of this state shall be
taught in the English language, and the school
boards shall provide to have taught in such schools
the branches specified in section fifteen of said chap-
ter; and such other branches of learning in other
languages as they may deem expedient, including

297

§239 PUBLIC SCHOOLS

hygiene, with special reference to the effects of al-
coholic stimulants and narcotics upon the human
body, and shall cause to be given in each school
week two lessons of not less than ten minutes' dura-
tion each on the subject of humane treatment to ani-
mals; and whenever the parents or guardians of
twenty or more children of school age shall so de-
mand, the board of such school district may procure
efficient instructors and introduce the German and
Spanish languages, or either of them, and gymnas-
tics, as a branch of study into such school; and said
district board may, upon like demand of the par-
ents and guardians of children of school age, procure
efficient instructors to teach the branches specified
in said section fifteen, in the German and Spanish
languages, or in either of said languages, as said
board may direct.— #. 8. 6010

Note. Section 15 above referred to is section 149 herein.

Certificates — modern languages — music — drawing.

1. Section 239 provides that, upon the demand of the
parents or guardians of twenty or more children of school
age, the board of such school district may procure efficient
instructors in the German and Spanish languages, or either.
It also provides that, upon like demand, the board may pro-
cure like instructors to teach the branches required in the
public schools in German or Spanish, or either. Section 383
provides that a certificate shall not be required of persons
employed to teach music, drawing, or modern languages.
Prom these provisions we infer that no teacher's certificate
is required to teach music, drawing, or the German or
Spanish language only; but if the teacher is required to
teach the common school branches in either German or
Spanish, then a county teacher's certificate must first be
obtained. It would also logically follow that any person
employed to teach any language other than English only
should not be required to obtain a county teacher's certifi-
cate.

ITULIC SCHOOLS §240

German — when taught.

2. The school board has no right to introduce German
without a petition from the parents or guardians of twenty
or more children of school age.

3. The demands of a compulsory education law would
not be met in case a child attended a private school in
which the German language was used, as the intent of the
law is that the child shall receive for the time specified
equivalent instruction to that given through the public
schools, which the law requires shall be taught in the
English language.

240. Schools open, to whom. Every public
school, except high schools, shall be open for the
admission of all children between the ages of six (6)
and twenty-one (21) years residing in that school
district during at least four school months in each
year, and the school board shall have power to ad-
mit adults, and children not residing in the district,
if they see fit so to do, and to fix the terms of such
admission.— R. S. 6009.

Who entitled to school privileges.

1. All persons between the ages of six and twenty-one
are entitled to all the privileges of the public schools.

2. Children six years of age are entitled to school
privileges, and it is the duty of the board of directors to
provide -adequate accommodations for them.

3. A school board has the right to make a rule that
children who become six years of age during the school
year shall enter school only at certain times — say at the
beginning of the fall, winter or spring term. It is not
proper to admit a child who is under six years of age.

4. In the case of a child under school age the parent
would have no legal right to send such a child to school,
no matter how well advanced or capable the child might
be; and the board would have the right to exclude the
child from school even though he obey the teacher and does
the work well.

Maintain organization.

5. Four months of school in each school year are
necessary in order for a district to hold its organization,
and three months to entitle it to its share of the public

299

§241 PUBLIC SCHOOLS

funds; so this practically makes four months of school
necessary in each district.

Directors' power.

6. A school director cannot legally become a teacher
in the district in which he holds that office.

Term lengthened ~by private subscription.
1. If the term of a public school be lengthened by
private subscription, the time of such lengthening may be
counted toward providing for the length of term required
by law.

Summer school.

8. While a school board, if they feel so disposed, have
a right to establish a summer school, they have not the
right to limit the attendance to certain pupils and others
to pay their own tuition; but it would be legal to establish
such a school for certain grades; and limit the attendance
thereto.

Building — where situated.

9. School must be held in a building situated within
the boundaries of the district.

241. Failure to maintain school for three
months. Any school district failing to maintain a
public school at least three months of any school
year, shall not be entitled to receive any portion of
the school fund for that year.— R. 8. 5891

Maintain organization entitle to fund.

1. The three months' school required by law to hold
the organization of a district and secure an apportionment
should be held between July 1st and June 30th.

2. A district which holds no school, but whose pupils
by authority of the school board attend school in another
district, the school board paying tuition to such other dis-
trict, does not comply with the requirement of law, and is
not entitled to its pro rata share of the general school
fund.

3. No school, except one duly organized according to
law, is entitled to recognition as a public school, either in
the distribution of funds or in any other official way.

SCHOOL CENSUS

242. Census — school age. A school census is
hereby defined to be a census embracing all persons
between the ages of six and twenty-one years.
School age is hereby defined to be any age over six
and under twenty-one years. — R. s. 6014

Note. County superintendent examines census, section 97.

Who included in census.

1. Deaf mutes and blind persons between the ages of
six and twenty-one should be included in the school census.

2. The names of all persons of school age must be
included in the census. The law makes no exception in
regard to married persons.

3. It would not be legal to enroll the persons of school
age belonging to the State Industrial School in Jefferson
county upon the census lists of the school districts where
the schools are located, providing such persons have a
residence elsewhere.

301

STATE BOARD OF EDUCATION

243. Who constitutes state board. The superin-
tendent of public instruction, the secretary of state
and attorney general, shall constitute a state board
board of education, of which the superintendent of
public instruction shall be president.— #. 8. 5866

Note. See constitution, article IX, section 1.

244. When board meets — by-laws. The state
board of education shall meet at the state capitol
on the last Saturday in December in each year, and
at such other times and places as may by them be
deemed necessary, and shall have power to adopt
any rules and regulations not inconsistent with law,
for its own government, and for the government of
the public schools.—^, s. 5867

Normal institute fund.

1. The State Board of Education has no power to
require and force county commissioners to perform their
duties in relation to the distribution of Normal Institute
funds. The interested parties must bring proper proceed-
ings in court to get relief.

245. Grant diplomas — effect. The state board
of education is hereby authorized to grant state di-
plomas to such teachers as may be found to possess
the requisite scholarship and culture, and who may
also exhibit satisfactory evidence of an exceptional
moral character and whose eminent professional
ability has been established by not less than two
years' successful teaching in the public schools of
this state. Such diplomas shall supersede the neces-
sity of any and all other examinations of persons
holding the same, by county, city, town, or district

STATK I'.oARD OF EDUCATION §§246-247-248'

in the state, for the grade of work indicated, unless
revoked by the state board of education. — R. s. 5868

Certificates from other states.

1. State certificates issued by other states are not
recognized by the law of Colorado. Persons who wish to
teach in this state must hold certificates issued upon exam-
ination by the proper district, county or state authority.

246. Diploma for eminent service. The state
hoard of education may, in their discretion, issue
state diplomas without examination, to those per-
sons who. in addition to good moral character and
scholarly attainments have, in the opinion of the
state hoard of education, rendered eminent service
in the educational work of the state for a period of
not less than six years.— s. L. '09. p. 371

247. Who need not take examination. The state
hoard of education shall grant state diplomas to all
persons who shall be teaching in the public high
schools of the state of Colorado at the time of the
passage of this act and who shall, within a period
of six months thereafter, satisfy the state board of
education that they have had forty-five months' suc-
cessful teaching experience in the public high
schools of the stale of Colorado.— 8. L. 'm>. p. 371

248. Diplomas without examination. The state
board of education shall issue state diplomas upon
application, without examination, to applicants who
shall be graduates of colleges situated within th<J<
slate of Colorado, which maintain a standard four-
year course of collegiate work and require four
standard years of high school wrork or its equivalent
for admission, and who shall also exhibit evidence
satisfactory to the state board of education of good
moral character, and who shall also present evi-

303

§ 249 STATE BOARD OF EDUCATION

denee satisfactory to the state board of education
that they have had twenty-four months of success-
ful teaching experience, and who shall also produce
evidence satisfactory to the state board of education
of professional training equivalent to at least one-
sixth of a standard four years' college course and at
least three of the following groups of subjects, one
of which shall be Practice Teaching, to-wit:

(1) General and Educational Psychology.

(2) History of Education.

(3) Science and Principles of Education.

(4) Practice Teaching and Special Methods.

(5) Organization and Management of Schools.

(6) Philosophy, Sociology and Anthropology.
—8. L. '09, p. 371

249. Diplomas license to teach for five years.
State diplomas, granted under the provisions of this
act, shall license the holders thereof to teach in the
public schools of any county, city, town or district
in the state without the necessity of any other ex-
amination, for a period of five years unless sooner
revoked by the state board of education, and at the
expiration of said time, the same may be renewed
for a like period of five years in the discretion of
the state board of education, and at the expiration
of this time, the same may be renewed for life upon
presentation to the state board of education of satis-
factory evidence of professional growth and effi-
ciency ; Provided, That the state board of education
shall issue upon application, without examination,
to those persons who possess the qualifications set
forth in section 4 of this act, experience in teach-
ing alone excepted, a temporary, non-renewable cer-

304

STATK HOAPJ) OF 10DUCATION §§250-251

titicate to teach for five years in the public schools
of Colorado.— 8. L. '09, p. 371

Note. Section 4 above referred to is section 248 herein.

250. Board may revoke diploma. The state
board of education may at any time revoke a state
diploma, upon satisfactory evidence that the holder
thereof has become unworthy the same ; Provided,
That before revoking any such diploma, the holder
thereof shall have at least thirty days' notice to ap-
pear before the state board and refute any charges
brought against him.— R. 8. 5870

STATE BOARD OF EXAMINERS

251. State board of examiners — appointed "by
board of education. There is hereby created a state
board of examiners which shall consist of a state
superintendent of public instruction who shall be
president of the board, and eight other persons who
shall be appointed by the state board of edvication
in the manner following: Immediately upon the
passage of this act the state board of education shall
appoint two members of said state board of ex-
aminers, one of whom shall be recommended to it
for that purpose by .the president of the state agri-
cult ural college. ;md both of whom shall be citizens
of Colorado, actively engaged in educational work,
and who are not members of the faculties of either
the state agricultural college, the university of Colo-
rado, the state school of mines, or the state normal
school, which said members shall hold office until
the first day of May, A. D. '1910, and whose re-
spective successors shall in like manner be appointed
to hold office for successive terms of four years
thereafter.

305

§251 STATE BOARD OF EDUCATION

And the state board of education shall also in
like manner appoint two members of said state board
of examiners, one of whom shall be recommended to
it for that purpose by the president of the university
of Colorado, and both of whom shall be citizens of
Colorado, actively engaged in educational work, and
who are not members of the faculties of either the
state agricultural college, the university of Colo-
rado, the state school of mines or the state normal
school, which said members shall hold office until
the first day of May, A. D. 1911, and whose respec-
tive successors shall in like manner be appointed
to hold office for successive terms of four years
thereafter.

And the state board of education shall also in
like manner appoint two members of said state board
of examiners, one of whom shall be recommended to
it for that purpose by the president of the state
school of mines and Both of whom shall be citizens
of the state of Colorado, actively engaged in educa-
tional work, and who are not members of the facul-
ties of either the state agricultural college, the
university of Colorado, the state school of mines
or the state normal school, which said members
shall hold office until the first day of May, A. D.
1912, and whose respective successors shall in like
manner be appointed to hold office for successive
terms of four years thereafter.

And the state board of education shall also in
like manner appoint two members of said state
board of examiners, one of whom shall be recom-
mended to it for that purpose by the president of
the state normal school, and both of whom shall be

STATK lioAUD OF EDUCATION § 2fr2

citi/cns of the state of Colorado, actively engaged
in educational work, and who are not members of.
the faculties of either the state agricultural col-
h'uv. the university of Colorado, the state school oP
mines or the state normal school, which said mem-
bers shall hold office until the first day of May, A.
I). 11)1.'}, and whose respective successors shall in like
manner be appointed to hold office for successive
terms of four years thereafter. — S. L. 'Of), pp. 369-370

252. Applicants to be examined. The state
board of examiners shall, as often as directed by the
state board of education, and at least as often as
once a year, and after having given due public
notice of the same, examine all applicants for state
diplomas in sncli branches, and upon such terms as
in the judgment of the state board of examiners,
shall be .requisite to prove the applicant's posses-
sion of academic and professional attainments, fully
equivalent to those set forth in section 4 of this
act. - -N. /,. 'on, p. 370

.\<>t«'. Section I abov»' r<-tVrr«-il to is section 248 herein.

Grades how applied.

1. The grades received on a teacher's high school cer
tificate would not be credited on a state diploma. The
applicant for a state diploma must hold at the commence-
ment of the examination, an unexpired first grade certifi-
cate. The fact that it had been renewed would not in-
validate it.

2. Grades received at a county examination could not
be transferred to a state certificate.

Experience required before taking state examination.

3. The two years' teaching experience in Colorado, re
quired before an applicant may take the examination for
a state certificate, has been interpreted to mean two full
years' work in a graded school where the term is not less
than nine months.

307

§•253 STATE BOARD OF EDUCATION

Certificates from other states.

4. State certificates issued by other states are not
recognized by the law of Colorado. Persons who wish to
teach in this state must hold certificates issued upon exam-
ination by the proper district, county or state authority.

253. Requirements of applicants, And the state
board of education shall grant state diplomas to
such persons as shall by virtue of such examination,
be found to possess the requisite scholarship and cul-
ture, and who shall also exhibit evidence satisfac-
tory to the state board of education, of good moral
character.— $. L. '09, p. 370

308

AGRICULTURAL COLLEGE SYSTEM

AGRICULTURAL COLLEGE AT FORT COLLINS

254. College — objects. The following educa-
tional institutions, to-wit: the university at Boulder,

e agricultural college at Fort Collins, the school
o£ mines at Golden, and the institute for the edu-

lion of mutes (which shall hereafter be known
;is Colorado School for deaf and blind) at Colorado
Springs are hereby declared to be institutions of the
slate of Colorado, and the management thereof sub-
ject to the control of the state, under the provisions
of the Constitution, and such laws and regulations
as the general assembly may provide, and the loca-
tion of said institutions * * * are hereby con-
firmed. * * * — 8. L. '09, p. 324

255. Design and objects. * * * The design
of the institution is to afford thorough instruction
in agriculture, and the natural sciences connected
therewith. To effect that object most completely,
the institution shall combine physical with intel-
lectual education, and shall be a high seminary of
learning, in which the graduates of the common
school, of both sexes, can commence, pursue and
finish a course of study, terminating in thorough
theoretical and practical instruction in those sciences
and arts which bear directly upon agriculture and
kindred industrial pursuits. — 7?. 8. 88

256. Qualifications of students. No student
shall be admitted to the institution who is not fif-
teen years of age, and who does not pass a satis-

309

§§257-261 STATE EDUCATIONAL INSTITUTIONS

factory^examination in arithmetic, geography, gram-
mar, reading, spelling and penmanship.— R. s. 89

257. Programme. The board and faculty shall
make, annually, a programme of theoretical and
practical instruction.— R. 8. 90

258. Duration of Course. A full course of study
in the institution shall embrace not less than four
years. The state board of agriculture may insti-
tute winter courses of lectures for others than stu-
dents of the institution, under necessary rules and
regulations.— .R. 8. 91

259. Academical year — term — suspension. The
academical year shall consist of not less than nine
calendar months. This academical year may be
divided into such terms by the state board of agri-
culture, as in their judgment will best secure the ob-
jects for which the college was founded. The board
may, at any time, temporarily suspend the college
in case of fire, the prevalence of fatal diseases, or
other unforeseen calamity.— R. 8. 92

260. Labor on farm — hours. Three hours of
each day shall be devoted by each male student of
the college to labor on the farm ; and every female
student shall devote three hours of each day to
labor in such department of work, as may be as-
signed them by the board and faculty, and no one
shall be exempt, except for physical disability. By
a vote of the board of agriculture at such sessions
and in such exigencies as demanded, the hours of
labor may be increased to four hours or diminished
to two hours.— R. S. 93

261. Tuition fees — discrimination. The 'state
board of agriculture shall be vested with discretion

310

STATK EDUCATIONAL INSTITUTIONS SS 262-263

to charge tuition or not as they may deem most con-
ducive to the interests of the institution, unless
acts of the general assembly making appropriations
for its support shall otherwise direct. The board
may make discrimination in regard to tuition be-
tween students from this state and from other states.
One-third of the tuition for the academic term shall
be paid in advance, and shall be forfeited in case
the student abandons the institution.— R. 8. 94

262. Board control college and farm — make by-
laws and rules. The state board of agriculture shall
have the general control and supervision of the state
agricultural college, the farm pertaining thereto,
and lands which may be vested in the college by
state or national legislation; of all appropriations
made by the state for the support of the same. The
boa I'd shall have plenary power to adopt all such
ordinances, by-laws and regulations, not in conflict
with the law. as they may deem necessary to secure
the successful operation of the college and promote
the designed objects.— R. 8. 95

263. Board choose president and tutors — va-
cancy in presidency. It shall be the duty of the
state board of agriculture to choose a president of
the state agricultural college before the first aca-
demic term of the institution; they shall then pro-
ceed to choose such professors, tutors and employes
as the necessities of the institution demand. In case
of vacancy -in the office of president, or in case a
suitable man cannot be selected, the senior professor
shall perform the duties of the office until the board
shall elect a president.— A'. N. 96

311

§§264-266 STATE EDUCATIONAL INSTITUTIONS

Board employ professors for long term.
a. The state board of agriculture has power to employ
professors to teach in the agricultural college, and may
make valid contracts for such employment for a definite
time of reasonable length. Where a professor was em-
played for a term of one year and discharged before the
end of the term without good cause, he is entitled to recover
his. salary for the balance of the term; and the fact that
the statute gives the board the right to remove such pro-
fessor does not relieve them from liability far wrongful
removal. — Board of Agriculture v. Meyers, 20 C. A. 139

Employment extending over term.

&. A professor who is employed under express con-
tract to teach for one year, and continues in the same
service without objection after the expiration of the term,
is entitled to the same salary as for the preceding year. —
Board of Agriculture v. Meyers, 20 C. A. 139

264. Board prescribe duties and confer de-
grees. The board, with the advice of the faculty,
shall prescribe the books to be used in the institu-
tion, and also confer such degrees or testimonials
as are conferred by similar institutions.—^, s. 98

265. Faculty how constituted. The president,
professors and farm managers shall constitute the
faculty of the state agricultural college. The presi-
dent of the college shall be the president of the
faculty. The secretary of the state board of agri-
culture shall be a member and secretary of the
faculty.— #. £.99

266. Wages to students — boarding at cost. The
president and secretary, 'together with the superin-
tendent of the farm, if there be one, and in case
there is not one, then, one of the professors to be
elected by the faculty, shall constitute a committee
to fix the rate of wages allowed to students, and rate
of board. In assessing the board, it shall be so
estimated that no profit shall be saved to the institu-

312

STATi; EDUCATIONAL INSTITUTIONS §§267-269

lion, and as near as possible at the actual cost. The
rates of wages allowed, and rate of charge for board,
shall, if practicable, be submitted to the state board
of agriculture before they take effect.— R. s. 106

AGRICULTURAL COLLEGE AT FORT LEWIS

267. School of agriculture, mechanic arts and
household arts. That there is hereby established at
the Fort Lewis School in La Plata County a school
of agriculture, mechanic arts and household arts
upon the grounds heretofore accepted by the gov-
ernor of the state of Colorado, and now owned and
held by the United States.— 8. L. '11, p. 39

268. State board of agriculture control. That
from and after the passage and approval of this act,
f-he state board of agriculture shall take and assume
control of the lands, buildings and equipments at
Fort Lewis School, now owned and held by the
state, and the said lands, buildings and equipment
shall thereafter become and be a part of the agri-
cultural college system of the state, and shall be con-
trolled and managed under the same laws, rules and
regulations, by the state board of agriculture as the
agricultural college at Fort Collins ; Provided, That
Indian pupils shall at all times be admitted to such
school free of charge for tuition and on terms of
equality with white pupils. — #./,.'.//. p. 40

HORTICULTURE AND FORESTRY

269. Branch school at Grand Junction. That
there is hereby established at the Grand Junction
Indian School in Mesa County, a school of horticul-
ture, forestry and vocational learning, upon the
"•rounds to be accepted by the governor of the state

313

§ 270 STATE EDUCATIONAL INSTITUTIONS

of Colorado and now owned and held by the United
States. —8. L. 'ii, p. 145

270. State board of agriculture manage. That
from and after the passage and approval of this act,
the state board of agriculture shall take and assume
control of the lands, buildings and equipments at
the Grand Junction Indian School, now owned and
held by the United States, and the said lands, build-
ings and equipment shall thereafter become and be
a part of the agricultural college system of the state,
and shall be controlled and managed under the same
laws, rules and regulations, by the state board of
agriculture as the agricultural college at Fort Col-
lins; provided, that the Indian pupils shall at all
times be admitted to such school free of charge for
tuition and on terms of equality with white people.
—8. L. '11, p. 146

314

COLORADO SCHOOL FOR DEAF AND BLIND

SCHOOL LOCATED AT COLORADO SPRINGS

271. Object of institution. There shall be per-
manently maintained at the city of Colorado
Springs, in the County of El Paso, an institution for
the support and education of the mute and blind
residing within the state of Colorado. — R. S. 4313

272. Name of school. Such institute shall be a
body corporate under the name of ' ' Colorado School
for the Deaf and the Blind." and may sue and be
sued, may take and hold real estate by gift, devise
or otherwise, for the use and benefit of such school.
— /?. X. 4314

273 Educational institution of the state.
That the Colorado School for the Deaf and the
Blind, located at the city of Colorado Springs, in the
county of El Paso, is hereby declared to be one of the
educational institutions of the stall' of Colorado and
lias for its object the education of s-uch of the
children of the state as cannot, by reason of the
impairment of their sense of hearing or of sight, be
advantageously educated in the other schools or edu-
cational institutions of the state. Said school shall
not be regarded or classed as a reformatory or char-
itable institution.— *SY. L. '0<>. p. 333

274. Board of trustees — appointment — term.
That the management of the institute for the edu-
cation of the mute and blind. * * shall be
\ ested in a board of five trustees, to be appointed
by the Governor, by arid with the advice and e<msen1
of the senate. and shall serve for a period

:: 1 :,

§§275-277 STATE EDUCATIONAL INSTITUTIONS

of six years each, and in every case a trustee shall
hold his office until his successor is appointed and
qualified; Provided, That the superintendent or any
other employe of said institute, shall not be a trustee
thereof.— R. 8. 4318

275. Superintendent — appointment. The said
trustee shall have charge of the general interests of
the institute, and shall appoint for a term of two
years at a time, as superintendent of the institute, a
person who shall have acquired an easy and ready
use of the "Sign Language," such as is commonly
used by educated deaf mutes, who shall have had
not less than five years' experience in instructing
deaf mutes, who shall be familiar with the methods
used in their instruction, and who shall possess other
qualifications that would in their judgment fit him
for such office. * * * — R. 8. 4319

276. Duties of superintendent — discharge of
teachers. The principal executive officer of the in-
stitute shall be. officially known and designated as
the superintendent of said institute. He shall reside
in the institute, * * * and shall, with the ap-
proval of the trustees, appoint and fix the compensa-
tion of all other officers and employes in the insti-
tute, and may, at any time, if it be for the benefit of
the institute, or in the interest of proper govern-
ment, discharge any of them from service ; Provided,
however, That teachers shall not be discharged un-
less by consent of the trustees. * * * — R. s. 4324

277. Admission of pupils — support. Every blind,
deaf or mute citizen of the state of Colorado, of
sound mind, over six and under twenty-one years of
age, shall be entitled to receive an education in said

316

STATE EDUCATIONAL INSTITUTIONS §§278-279

institute at the expense of the state. All applicants
above the age of twenty-one years may be admitted
at the option of the board. Each county superin-
tendent of common schools shall report on the first
clay of June in each year to the superintendent of
the school for the education of the deaf and the
blind, the name, age and post office address of every
blind or deaf person of suitable age, for admission to
said school, residing in his county, including all such
persons as may be too deaf or blind to acquire an
education in the common school. Applicants- for ad-
mission to said school from other states, if within
the ages prescribed by. this section, may be admitted
upon payment of such sum quarterly, as the board
of trustees of said school may determine. — R. 8. 4334

278. Residents of other states — when admitted.
The residents of other states, or territories, may be
admitted to said institute, upon the payment of a
sum, in advance, to be fixed by the trustees, of not
less than the total cost, per capita, of the inmates
for the year immediately preceding the year in
which application for such admission is made.
A failure on the part of the person so ad-
mitted, or his parents, guardian, or friends, to make
si i di payments to the superintendent, promptly, in
advance, shall be just cause for immediate dismissal
of the pupil; Provided, That no resident of another
state, or territory, shall be received or retained to
the exclusion of any resident of tbe state of Colo-
rado ; * * * — R.'S. 4335

279. When counties pay expense. In all cases
wln'i-o pel-sons sent to the institute for the educa-
tion of the mute and blind are too poor to furnish

317

§280 STATE EDUCATIONAL INSTITUTIONS

themselves with sufficient clothing and pay the ex-
penses of transportation to and from the institute,
the judge of the county court of the county where
any such person resides, upon the application of
any relative, or friend, of such person, or of any
officer of his town, or county, may, if he shall deem
such person a proper subject for the care of said in-
stitute, make an order to that effect, which shall be
certified by the clerk of the court to the superin-
tendent of said institute, who shall then provide the
necessary clothing and transportation, at the expense
of the county, and upon his rendering his proper ac-
counts therefor, semi-annually, the county board
shall allow and pay the same out of the county
treasury. — R. s. 4336

TEACHER— ADULT BLIND

280. Office of state teacher. That the office of
state teacher for the adult blind of the state of Colo-
rado is hereby created and established. Said officer
shall be either a male or female resident of this
state, to be selected and appointed by the state
board of education at its annual meeting, the last
Saturday in December each year, and shall hold of-
fice for one year from said date or until his successor
is duly appointed; except, that within fifteen days
after the taking effect of this act said state board of
education shall duly appoint such officer to hold
office until the last Saturday in December, 1911,
Provided: that said board in selecting said officer
shall make such appointment by virtue only of the
appointee's peculiar fitness for the position, compe-
tency and experience as a teacher of the blind, good

318

STATK EDUCATIONAL IXSTITTTIOXS S5 281-282

moral character, and shall where practicable select
a non-seeing person as such teacher. — N. /,. '//. p. :'.

281. Duties of teacher. The duties of said of-
ficer shall embrace the education and teaching of all
adult blind residents of Colorado at their respec-
tive homes, under such regulations, directions, and
procedure, and in those methods and educational
branches as the state board of education shall pre-
scribe, it shall be the duty of said officer to prepare,
maintain, and keep a "Register of the Adult Blind
of Colorado" which register shall describe their
condil iou. cause of blindness, capacity for education
and industrial training, and other material and rele-
vant facts concerning said persons; and the "Board
of Control of the Colorado Industrial Workshops
for the Blind" and the superintendent of the "Colo-
rado School for the Deaf and Blind" are hereby di-
rected to co-operate with said officer in the prepara-
tion and maintenance of said register by furnishing
from time to time the names, addresses and such
other facts concerning the adult blind in Colorado
as may appear on their records or otherwise come to
their knowledge. The work of preparing and main-
1 Min ing said register shall be done in the office of
and by the advice and under the direction of the
state superintendent of public instruction, where
said register shall be preserved and filed, and whose
office shall be the general headquarters for the said
state teacher of the adult blind.— £. L. '//. p. 4

282. Services — report. All the time and services
of said officer shall be devoted ratably among the
homes of all said adult blind, in the manner and way
the state hoard of education shall prescribe, and be

319

$.&83 STATH EDUCATIONAL INSTITUTIONS

shall, prior to the first of November of each year,
prepare and file with the president of said board, a
full and complete report of all of the work com-
menced or accomplished by his office during the pre-
ceding year, Provided : that the state board of edu-
cation shall have the power at any time to remove
said officer, after due hearing, for any reason suffici-
ent to said board, and to appoint another officer
for such unexpired term.— 8. L. '//, p. 3

283. Salary — how payable — expenses, The state
teacher of the adult blind of Colorado shall receive
a salary of one thousand dollars a year, payable in
equal monthly installments by the state treasurer
from the same fund provided for the payment of
other state officers, and upon due warrants of the
state auditor, who is hereby authorized and directed
to issue the same upon receipt of properly issued
vouchers of the state board of education. Said of-
ficer shall also be paid and allowed all traveling
and living expenses while away from the place of
his residence and traveling within the state in fulfil-
ment of the duties of his office, and also all books
and papers necessary for the preparation of said
register, and also all necessary teaching equipments
and teaching methods, duly approved by the state
board of education, not to exceed in all the sum of
five hundred dollars for any year, which said ex-
penses shall be evidenced by itemized statements
thereof, filed by said officer with the state board of
education at the end of each month, and shall be
paid monthly by the state treasurer in the same
manner as the expenses of the other state officers al-
lowed by the law are paid, and upon due warrants

320

STATIC Kl>r<\\TK>X.\], IXSTTTUTK >XS §283

of the state auditor, which officer is hereby directed
and authorized to issue said warrants upon receipt
of properly issued vouchers of the state board of
education covering said expenses. — tf. L. 'ii, p. 3

321

11

INDUSTRIAL SCHOOLS

FOR BOYS

284. Industrial school established. There shall
be established in this state an institution under the
name and style of the "State Industrial School."
— R. 8'. 3027

285. Located — building. The old school of mines
building and grounds at or near the city of Golden,
in the county of Jefferson, are hereby selected as,
and converted into an establishment and site for the
state industrial school ; * * * — R. 8. 3028

286. Board of control appointment — term-
vacancies. The general supervision and government
of said industrial school shall be vested in a board
of control, to consist of three members, who shall be
appointed by the governor, by and with the advice
and consent of the senate during the session of the
general assembly, the members of which board shall
hold their offices for the respective terms of two,
four and six years from the first day of March, A.
D. 1881, and until their successors shall be appointed
and qualified, said respective terms of office to be
designated in their several appointments ; and there-
after there shall be one of said board appointed every
two years, whose term of office shall continue for six
years, or until his successor is. appointed and quali-
fied; and whenever any vacancy shall occur in said
board, by the death, resignation or otherwise, the
governor shall fill the same by appointment, and
the appointee shall hold only for the unexpired term
of the person whose place he is appointed to fill.

— R. 8. 3029

322

STATE EDUCATIONAL INSTITUTIONS §§287-289

287. Biennial report to superintendent of public
instruction. The board of control, on the tenth day
of November preceding each meeting of the general
assembly, shall make a report to the superintendent
of public instruction, which -report, with that of the
officers and instructors of the institution, shall be
transmitted to the general assembly with the report
of the said superintendent. Said report shall con-
tain a detailed statement of their operations and of
all expenditures made by them in behalf of said in-
stitution. —R. 8. 3031

288. Board make rules — appoint superintend-
ent, agents, servants. It shall be the duty of the
board of control to prepare and carefully digest and
mature a system of government for said industrial
school, embracing such rules and regulations as may
be deemed necessary for preserving order, for en-
forcing discipline, for imparting instruction, for pre-
serving health, and generally for the proper phy-
sical, intellectual and moral training of the youth
committed to said school. And they may appoint a
superintendent and such other officers, agents and
servants as they may consider necessary to transact
the business of said school, and may designate their
duties and salaries. — #.$.3032

Note. Hazing in state institutions forbidden.

289. Duty of board to receive boys. It shall be
the duty of the board of control to receive, to the
extent of the means placed at their disposal, and of
the accommodations afforded by the buildings nml
grounds belonging to said school, all persons com-
mitted to their care and guardianship, under the
provisions of this act, and to keep the same during

323

§290 STATE EDUCATIONAL INSTITUTIONS

their minority, or until discharged by law, or under
the rules of said board.— R. 8. 3035

290. Commitment to school — term — jurisdiction
of courts. When any boy under the age of sixteen
years and over the age of ten years shall be con-
victed of any offense known to the laws of this
state, and punishable by fine or imprisonment
or both, except such as may be punishable by
death or imprisonment for life, the court be-
fore whom such conviction shall be had, may
at its discretion, sentence such boy to the state
industrial school or to such punishment as is
now or may hereafter be prescribed by law for the
same offense. All commitments to the state indus-
trial school shall be for the term of the boy's mi-
nority, unless he shall be sooner discharged by the
board of control, as hereinafter provided, and when-
ever any boy shall be discharged therefrom as re-
formed or as having arrived at the age of twenty -
one years, such discharge shal] be a' full and com-
plete release from all penalties and disabilities which
may have been created by such sentence. The dis-
trict and county courts and the judges thereof, in
their respective counties, shall have exclusive orig-
inal jurisdiction to try all cases arising under the
provisions of this act. All such cases shall be sum-
marily tried before the court or the judge of the
court and without the intervention of a jury, unless
a jury shall be demanded. Cases arising under this
act may be instituted upon the sworn complaint of
the district attorney or his deputy, or any credible
person. No boy after sentence, shall be. confined in
any county or city jail, but the officer to whom the

324

STATE EDUCATIONAL INSTITUTIONS §§291-292

writ of commitment shall be delivered shall at once
convey such boy to the state industrial school.
—If. 8.3036

291. Parents and guardians may indenture boys
to school. Any parent may indenture his or her boy,
or any guardian may indenture a male ward, to the
stnte industrial school for such length of time as
may be agreed upon by such parent or guardian, and
the board of control of said school, on condition
Unit such parent or guardian shall pay the expenses,
of such boy or ward so indentured as aforesaid, while
at said school. — R. 8. 3037

292. Treatment of boys — board may return-
duty of magistrate. Each and every boy who shall
be legally committed to said school as provided in
this act shall be clothed, fed, disciplined, instructed,
employed and governed, under the direction of the
board of control of said school, until he either be re-
formed and discharged, or until he shall have ar-
rived at the age of twenty-one years, and it shall be
lawful for said board of control to place in the care
of any resident of this state, who is the head of a
family, and of good moral character, any of the said
boys of said school, on such conditions and with such
stipulations as the board may establish; Provided,
No boy shall be placed in the care of any person
who shall be engaged in the sale of intoxicating
drinks or who is in the habit of getting drunk. The
bonrd of control shall have power, and it shall be
their duty to return any boy to the authorities of
the county or city from which he shall have been re-
ceived, whom said board may deem to be an improper
subject for their care and management, or who shall
be Found to be incorrigible, or whose continuance in

325

§ 292 STATE EDUCATIONAL INSTITUTIONS

the school they may deem prejudicial to the man-
agement or discipline thereof, or who ought in their
judgment for any other cause to be returned from
said school. In every such case it shall be the duty
of said board of control to transmit to the court,
magistrate or justice by whom said boy was com-
mitted to said school a statement of the reasons of
said return, and it shall be the duty of the author-
ities of the city or county to whom said boy shall be
returned to produce said boy before the court,
magistrate or justice by whom said boy was com-
mitted, or his successor in office, as soon as the same
ca-n reasonably be done ; and such court, magistrate
or justice shall have power thereon to make such
order, and have such proceedings as would have
been legal in the first instance, and would have been
made or had in the case if the boy had not been sent
to the industrial school. Said board of control shall
also be authorized, when, in their judgment, it may
be deemed proper or expedient to give boys leave of
absence in writing, with conditions therein ex-
pressed, for a limited time or during good behaviour,
and in case of misconduct or other satisfactory
reasons, they may reclaim and return to the care
of the school for such time as he was originally sen-
tenced without other trial or commitment or pro-
cess of law, any boy granted such leave of absence,
and his further detention shall in no way be af-
fected thereby, either to his prejudice or advantage.
Said board of control shall also have power to re-
turn any boy to his parents or other guardians, when
they shall have become bound in sufficient sure-
ties for the good behaviour and care of such boy.
— R. S. 3038

326

STATE EDUCATIONAL INSTITUTIONS §§293-295

293. When board may discharge or bind boy.

It shall be lawful for the board of control, when-
ever in their discretion they may deem anyone of
the boys detained in the said institution to have be-
come so far reformed as to justify his discharge, to
liberate such boy, or to bind him by articles of in-
denture for that purpose to be entered into, to any
suitable person who will engage to instruct such boy
in some proper art or trade, according to the terms
of said indenture.— R. 8. 3039

294. Persons caring1 for boy — compensation-
proviso as to schooling. Any person other than
parent or guardian, who will take and care for any
boy, as above provided, for one year, having faith-
fully fulfilled all the conditions prescribed to the
satisfaction of the board, if the board of control
shall have so agreed, shall be entitled to receive from
the funds of the industrial school fifty dollars; at
the end of two years, a like sum on like conditions ;
Provided, Said boy shall be placed at school at least
three months in each year; and any boy who is
placed in the care of any person as above provided,
having remained with said person and faithfully
performed the duties required of him by said board
for said two years, and until he shall have arrived
at th<> age of twenty-one years, shall be entitled to
receive from the funds of said institution one hun-
dred dollars.— R. s, 3040

295. All clergymen can impart religious instruc-
tion. Equal privileges shall be granted to clergy-
men of all religious denominations to impart re-
ligious instruction to the inmates of said industrial
school, and every opportunity shall be allowed such

327

§§296-297 STATE EDUCATIONAL INSTITUTIONS

clergymen to give to the inmates belonging to their
respective denominations such religious and moral
instruction as said clergymen may desire, and the
board of control shall prescribe reasonable times and
places, not inconsistent with the proper management
of said school, when and where such instruction
may be given, and all such instruction shall be open
to all who may choose to attend.— R. 8. 3044

FOR GIRLS

296. Industrial school established. That there
is hereby established at or near Denver, Colorado,
"The State Industrial School for Girls."— R. s. 3046

297. Board of control — appointment — term —
vacancies — superintendent. The general supervision
and control of said institution shall be vested, as at
present, in a board of control, consisting of five
members, three of whom shall be women. The board,
excepting as hereinafter provided, shall be ap-
pointed by the governor, by and with the advice
and consent of the senate during the session of the
general assembly, and the term of office of each
member thereof shall be five years, or until their
successors shall be appointed and qualified, their
respective terms of office to be designated in their
several appointments; and whenever any vacancy
shall occur in said board, by death, resignation, or
otherwise, the governor shall fill the same by ap-
pointment, and the appointee shall hold only during
the unexpired term of the person whose place he or
she is appointed to fill. One member of said board
shall be appointed by the governor as aforesaid dur-
ing the session of the present general assembly, and
every year thereafter there shall be one member ap-

328

STATE EDUCATIONAL INSTITUTIONS §§298-299

pointed to take the place of the outgoing member.
The board shall choose some suitable woman to act
as general superintendent, who shall hold her office
during the pleasure of the board. — R. S. 3047

298. County liable for maintenance — monthly
statement rendered. That county from which any
girl committed to the state industrial school for girls
shall be sent shall be liable for the expense attend-
ing the safekeeping, care, maintenance and instruc-
tion of such girl until she shall have been finally
discharged by the board of control of said school,
and shall pay for the same the sum of fifty cents per
day for each girl so sent until such final discharge.
At its first meeting in every month the board of
control of such state industrial school for girls shall,
prepare and transmit to the respective boards of
county commissioners of the several counties liable
for such safe-keeping, care, maintenance or instruc-
tion, a certificate showing in detail the persons on
whose account such expense was incurred, the amount
due on account of each such person respectively for
the month preceding, and the said board of commis-
sioners shall allow the said sum so certified against
their respective counties, and shall pay the same in
cash to the state industrial school for girls, the
smiic MS any other current expense of said county.
— R. S. 3049

299. Powers of board. The members of said
board of control shall constitute a body corporate
under the name and style of "The Board of Control
of the State Industrial School for Girls," with the
right to own and hold property, real, personal and
mixed ; to sue and be sued ; and of making and using

329

§§300-303 STATE EDUCATIONAL INSTITUTIONS

a common seal and of altering the same at pleasure.
—R. 8. 3051

300. Board receive all persons committed. It
shall be the duty of the board of control to receive,
to the extent of the means placed at its disposal, and
of the accommodations afforded by the buildings and
grounds belonging to said school, all persons com-
mitted to its care and guardianship, under the pro-
visions of this act ; and to keep such persons during
their minority, or until discharged by law, or under
the rules of said board of control. — R. 8. 3053

301. Under control of board. Each and every
girl who shall be legally committed to said school,
as provided in this act, shall be clothed, fed, dis-
ciplined, instructed, employed and governed under
the direction of the board of control of said school,
until she either be reformed and discharged accord-
ing to the rules to be adopted by said board of con-
trol, or until she shall have arrived at the age ol
twenty-one years.— R. 8. 3054

302. Regulations established by board. The
board of control shall make such regulations in re-
gard to the food, clothing and bedding of the in-
mates as the health and circumstances of each may
require; but all rations, clothing and bedding shall
be plain and of good quality, and in sufficient quan-
tity for the sustenance of the health and well-being
of the inmates.— R, 8. 3055

303. Rules established by board. It shall be the
duty of said board of control, to prepare and adopt
from time to time rules and regulations for said in-
stitution, for the government of the inmates of the
same, looking to their moral, physical, intellectual,
social and industrial training. Domestic industries

330

STATE EDUCATIONAL INSTfTUTlONS §§304-306

shall take precedence of trades, and there shall be
a thorough education in every branch of household
work.—/?. 8. 3056

304. Credit for good behavior. The board of
control shall, under a system of marks, or otherwise,
fix upon a uniform plan under which it shall deter-
mine what number of marks or credits shall be
earned by each girl, sentenced under the provisions
of this act, as the condition of increased privileges,
or of release from its control, which system shall be
subject to revision from time to time. Each girl
sentenced to said school shall be credited for good
personal demeanor, diligence in labor and study,
and for results accomplished, and be charged for
dereliction, negligence and offenses.— R. s. 3058

305. Marks of credit. The board of control shall
establish rules and regulations by which the stand-
ing of each girl's gain of marks or credits shall be
made known to her as often as once a month, and
oftener if she shall at any time request it, and may
make provisions by which any girl may see and con-
verse with the said board during every meeting
thereof .—R. s. 3059

306. Release of girls. When it appears to said
board that there is a strong or reasonable probabil-
ity that any girl in said school will live and remain
at liberty without violating the law, and that her
release is not incompatible with the welfare of so-
ciety, or detrimental to her own good, then it shall
issue to such girl an absolute rel'ease from confine-
ment; Provided, That nothing herein contained shall
be construed to impair the power of the governor to
grant a pardon in any case. — R. 8. 3060

331

§§307-310 STATE EDUCATIONAL INSTITUTIONS

307. Girls may be placed in homes. It shall be
lawful for said board of control to place in the care
of any resident of this state, who is the head of a
family and of good moral character, any of the said
girls in said school, on such conditions and with such
stipulations as the board may establish. — R. 8. 3061

308. Superintendent — duties. The superintend-
ent, under the direction and management of the
board, shall have general supervision of said insti-
tution. —R. 8. 3065

309. Superintendent keep daily journal. The
superintendent shall keep a daily journal of the pro-
ceedings of the institution, in which she shall note
every infraction of the rules by any officer, teacher,
or employe thereof, which shall come to her knowl-
edge, and make memorandum of every complaint
made by any girl of cruel or unjust treatment from
her overseer, or other officer of the institution, or
the want of good and sufficient food or clothing, and
also any infraction of the rules by any inmate, nam-
ing her, and specifying the offense, and also what
punishment, and the extent thereof, was awarded;
which journal shall be laid before the board of con-
trol at every stated meeting and at every special
meeting when demanded. — .R. $. 3067

310. Register of girls — contents. When any
girl shall be received in said school, the super-
intendent shall cause to be entered in a register
the date of such commitment, the name, age, nativ-
ity, nationality, and such other facts as may be
ascertained of parentage, early associations, in-
fluences, etc., as may seem to indicate the constitu-
tional and acquired defects and tendencies of such

332

STATE EDUCATIONAL INSTITUTIONS §§311-313

girl, and base upon these an estimate of the then
present condition of such girl, and the best prob-
al>le plan of treatment and classification of said
girl ; and she shall also enter upon such register,
quarterly^ or oftener, minutes of the observed im-
provement or deterioration of character, and nota-
tions as to the methods and treatment employed;
also all orders or alterations affecting the standing
or situation of such girl ; the circumstances, if final-
ly released, and any subsequent facts of the per-
sonal history which may be brought to the knowl-
edge of the superintendent. — R. S. 3070

311. Abstract of record of each girl. An ab-
stract of the record in the case of each girl re-
maining under the control of the said board of con-
trol shall be made semi-annually, considered by the
said board of control at a regular meeting, and to be
filed with the governor; each abstract shall show
the date of commitment, age, the present situation,
whether in school or elsewhere; whether any and
how much progress has been made, and the reasons
for release or continued custody, as the case may be.
—If. 8. 3071

312. Parole of girls. It shall be lawful for the
board of control, whenever, in its discretion, it may
deem any one of the girls detained in said institu-
tion to have become so far reformed as to justify
it, to parole such girl, upon such conditions as to
the board may seem advisable, and to return such
girl to the school upon a violation of the terms of
such parole.— R. 8. 3072

313. Incorrigible girl returned home. If any
girl shall absent herself, without leave, from the
person to whose care and service she has been prop-

333

§§314-315 STATE EDUCATIONAL INSTITUTIONS

erly committed, such girl may be forthwith returned
to the said industrial school for girls without
further process, and shall forfeit all credits gained
by her on account of previous good conduct.
—R. 8. 3073

314. Commitment to school — term. When any
girl under the age of eighteen years and over the age
of six years shall be convicted of any offense known
to the laws of this state and punishable by fine or im-
prisonment, or both, except such as may be punish-
able by death or imprisonment for life, the court be-
fore whom such conviction shall be had, may, at its
discretion, sentence such girl to the state industrial
school for girls, or to such punishment as is now, or
may hereafter be, prescribed by law for the same
offense. All commitments to the state home and in-
dustrial school for girls shall be for the term of
the girl's minority, unless she shall be sooner dis-
charged by law or 'the board of control, as herein-
after provided, and whenever any girl shall be dis-
charged therefrom as reformed, or as having ar-
rived at the age of twenty-one years, such discharge
shall be a full and complete release from all penal-
ties and disabilities which may have been created by
such sentence. — R. 8. 3074

315. Jurisdiction of courts — summary proceed-
ings. The district and county courts, and the judges
thereof, in their respective counties, shall have ex-
clusive original jurisdiction to try all cases arising
under the provisions of this act. All such cases
shall be summarily tried before the court, or the
judge thereof, and without the intervention of a
jury, unless a jury shall be demanded; except in
cases of high misdemeanors or felonies, the cause

334

*
STATE EDUCATIONAL INSTITUTIONS §§316-318

shall bo tried by a jury, as provided in the code of
criminal procedure.— R. 8. 3075

316. Peace officers arrest girls frequenting pub-
lic places. All peace officers in any city, town or
county in this state are empowered to arrest all
girls habitually wandering around the streets or
public places, or anywhere beyond the proper con-
trol of their parents or guardian, at unseemly or
improper hours. The girl so arrested shall be taken
before the court or judge having jurisdiction of the
person, as provided in section 32 of this act, and if
it shall appear to said court or judge that the said
girl is incorrigible, or is growing up in habits of
vice and immorality, such girl may be committed to
''The state industrial school for girls."— R. 8. 3076

317. Cause of commitment certified to superin-
tendent. The court or judge by whom any person is
committed to the state industrial school for girls,
under the provisions of this act, shall certify to the
superintendent of said school the cause of such
commitment, embracing all important facts con-
nected therewith, and the age of all persons so com-
mitted, as near as can be ascertained ; the age so
certified shall be held to be the correct age of such
person for the purposes of this act. — R. 8. 3077

318. Commitment — return of girl to county.
Any girl who shall be convicted of an offense pun-
ishable by imprisonment in the state industrial
school for girls and who, upon such conviction, shall
be sentenced to imprisonment therein, shall be im-
prisoned according to this act, and not otherwise;
and the courts of this state imposing such sentence
shall not fix or limit the duration thereof; the term

335

§319 STATE EDUCATIONAL INSTITUTIONS

of such imprisonment of any girl so convicted and
sentenced shall be terminated by the board of con-
trol as provided in this act, or upon said girl having
attained the age of twenty-one years; Provided,
That the board of control shall have the power, and
it shall be its duty, to return any girl to the author-
ities of the county or city from which she shall have
been received, whom such board may deem to be an
improper subject for its care and management, or
who shall be found to be incorrigible, or whose
continuance in the school the board may deem pre-
judicial to the management or discipline thereof, or
who, in its judgment, for any other cause, should be
returned from said school. In every such case it
shall be the duty of said board of control to trans-
mit to the court or judge by whom such girl was
committed to the school, a statement of the reasons
for such return, and it shall be the duty of the au-
thorities of the city or county to whom such girl
shall be returned, to produce said girl before the
court or judge by whom she was committed, or the
judge succeeding in such office, as soon as the same
can reasonably be done, and such court or judge
shall have power thereupon to make such order, and
have such proceedings' as would have been legal in
the first instance and would have been made or had
in case such girl had not been sent to the state in-
dustrial school for girls.— R. s. 3078

319. Girl sentenced not confined to jail— appeal.
No girl, after sentence, shall be confined in any
county or city jail, but the officer to whom the writ
of commitment shall be delivered shall forthwith
convey such girl to the state industrial school for

336

STATE EDUCATIONAL INSTITUTIONS §§320-321

girls ; Provided, Nothing in this act shall be con-
strued to prevent any accused person from taking
••in appeal from the decision of any court or judge,
under such forms as are now or may hereafter be
prescribed by law.— R. S. 3081

320. Term of commitment. All commitments to
the state industrial school for girls shall be for the
term of the girl's minority, which shall be until she
shall have arrived at the age of twenty-one years.
If, through oversight or otherwise, any person be
sentenced to imprisonment in, or be committed to
the state industrial school for girls for a definite
period of time, said sentence, or term of commit-
ment, shall not for that reason be void, but the sen-
tence or commitment of such girl shall be until she
is twenty-one years of age, and the girl so sentenced
or committed shall be entitled to the benefits and
subject to the liabilities of this act the same as if
she had been so sentenced or committed until she
was twenty-one years of age.— R. s. 3082

321. School non-sectarian — all clergymen may
impart religious instruction. Equal privileges shall
be granted to the clergymen of all religious denom-
inations to impart religious instruction to the in-
mates of said industrial school for girls and every
Opportunity shall be allowed such clergymen to give
to the inmates belonging to their respective denom-
inations such religious and moral instruction as said
clergymen may desire, and the board of control shall
prescribe reasonable times and places, not inconsist-
ent with the proper management of said school.
win-re and when such instruction may be given, and
all such instruction shall be open to all who may
choose to attend.— R. 8. 3083

337

STATE NORMAL SCHOOL

322. Establishment of state normal school. A

state normal school is hereby established at or near
the city of Greeley, in the county of Weld and state
of Colorado, the purpose of which shall be instruction
in the science and art of teaching, with the aid of
a suitable practice department, and in such branches
of knowledge as shall qualify teachers for their pro-
fession; * * * — R. 8. 6125

338

STATE TEACHERS COLLEGE OF COLORADO

323. State normal at Greeley — also known as
state teachers' college. The State Normal School at
Greeley, Colorado, also shall be known and desig-
nated as, The State Teachers College of Colorado.
—8. L. '11, p. 609

324. Trustees — corporate powers — seal — make
by-laws. Said school shall be under the control of a
board of six trustees ; the said board shall be and is
hereby declared a body corporate by the name and
style of "The Trustees of the State Normal School,"
and as such and by its said name may hold property
for the use of said school, be party to all suits and
contracts, and do all things thereto lawfully apper-
taining in like manner as municipal corporations of
this state. The said trustees and their successors in
office shall have perpetual succession, shall have a
common seal, and may make by-laws and regulations
for the well ordering and government of the said
corporation and its business not repugnant to the
constitution and laws of the slate.— R. 8. 6129

325. Governor appoint trustees — term of office —
oath — superintendent of public instruction mem-
ber.— The governor shall, upon the approval of this
act, appoint by the advice and with the consent of
the senate, the six trustees mentioned and provided
in this act, two of whom shall be appointed for the
term of two years, two for the term of four years
and two for the term of six years. Their terms of
office shall begin from their appointment and quali-
fication, and shall continue for the period for which
they shall be so appointed and until their successors
are appointed and qualified. Every two years after

§§326-327 STATE EDUCATIONAL INSTITUTIONS

the first appointment aforesaid, two trustees shall b(
appointed in like manner to succeed those whose
terms are first thereafter to expire. Every trustee
so appointed shall take and subscribe the oath of
office prescribed by the constitution of this state
before entering upon the duties of his office, which
oath shall be placed and kept on file in the office of
the secretary of state. The superintendent of public
instruction shall be, ex officio, a member of the board
of trustees of the said state normal school. — R. 8. 6130

326. Part of public school system — apportion-
ment of funds — supervisory powers over. Said nor-
mal school is hereby constituted an integral part of
the public school system of this state, and shall
stand upon the same basis as to apportionment of
state school funds as union high schools, and shall
be subject as such to the general supervisory powers-
vested by the constitution in the state board of edu-
cation.—.R. 8. 6132

327. Powers of trustees. — Subject to the consti-;
tutional powers of the state board of education, the
trustees of the state normal school shall have the
general supervision of the state normal school, and
the control and direction of its funds and the appro-
priations therefor. They shall have power to appoint
a faculty, consisting of a principal and assistant prin-
cipal, and such other professors as may be required
therein; they may also appoint such assistant teach-
ers as are found necessary. They shall also have
power to remove said principal or assistant principal,
or any professor, teacher or employe in or about said
school, and to appoint or employ another or others
instead; to fix the salaries of each and to prescribe
their several duties. They shall, with the advice and

340

STATE EDUCATIONAL INSTITUTIONS §§328-330

consent of the faculty, 'prescribe the various books to
be used in said school, the courses of study and in-
struction, which in no case shall cover a period of
less than three years, and shall make all the needful
rules, regulations and by-laws for the good govern-
ment and management of the same. — R. 8. 6133

328. Qualifications for admission — examination
— declaration. The said board of trustees shall pre-
scribe the qualifications for admission of students to
said normal school. Every applicant for admission
shall undergo an examination by the faculty of said
school, and if it shall appear that such applicant is
not a person of good moral character, or fails to pass
such examination, such applicant shall be rejected.
Each applicant, except as hereafter provided, shall,
prior to his or her admission, also sign and file
with the board of trustees a declaration to engage
in the business of teaching in the public schools of
this state.— R. 8. 6139

329. Open to residents of state — other persons —
fees. The state normal school shall be open, subject
to its regulations, to all persons resident in this state,
sixteen years of age and upward, without charge for
tuition; and to other persons under such regulations
as the board of trustees may prescribe, upon payment
of a rate of tuition to be fixed by said board, and
without the aforesaid declaration of intention to
teach in the public schools of this state, said board
of trustees shall also fix the fees for admission of
pupils to the practice department of said normal
School.— R. 8. 6140

330. Officers of board— duties— bond. Tho board

of trustees shall elect from amonii' their number, at
the first and every succeeding annual meeting of said

341

§ 331 STATE EDUCATIONAL INSTITUTIONS

board, a president, who shall preside at all meetings
and perform such duties as are incumbent upon such
office. The board shall also elect a secretary, who
shall not be a member of the board, and who shall
hold office for the term of one year, and until his suc-
cessor shall be elected and qualified. The said secre-
tary shall give bond in a sum to be fixed by the
superintendent of public instruction for the faithful
handling and true accounting and delivery of all
moneys and property of said school coming to his
hands or control, which bond shall be filed with the
secretary of state, after approval of the sureties
thereon by the said board of trustees. No secretary
elected as aforesaid shall receive into his possession
or control any money or property of said normal
school until after he shall have executed his bond
and the same shall have been approved and filed as
aforesaid. The state treasurer shall be, ex officio,
treasurer of the state normal school. — R. 8. 6135

331. Diplomas — examination — graduation. The
state normal school is authorized to grant diplomas
to such students as shall have completed the full
course of instruction in said normal school, shall have
been recommended by the faculty, and shall have
passed a final examination upon the branches em-
braced in the prescribed course of study ; such exami-
nation to be conducted by the examining board, con-
sisting of the state superintendent of public instruc-
tion, a county superintendent of schools within the
state, appointed for the purpose by the governor, and
the principal of said school. Such diploma, when
signed by the members of said examining board and
the president and secretary of the board of trustees,
shall be evidence that the receiver thereof is a gradu-

342

STATE EDUCATIONAL INSTITUTIONS §§ 332-334

nic of the state normal school, and entitled to all the
honors and privileges of such graduates. — R. 8, 6141

332. Diploma license to teach — license annulled.
The said diploma shall license the receiver thereof to
teach in any of the public schools of this state when
a certified copy thereof shall have been filed in the
office of the county superintendent of schools in the
county wherein such graduate is teaching or proposes
to teach. Such license may be annulled by the state
superintendent of public instruction, who shall give
immediate notice thereof to the several county super-
intendents of the state, and such license may^be sus-
pended in any county by the superintendent of
schools for such county, pending the action of the
superintendent of public instruction.— .R. S. 6142

Normal school diploma.

a. A state normal school diploma licenses the holder to
teach in the public schools of this state until annulled by
the state superintendent or suspended by a county superin-
tendent. It is evidence of a vested continuing right to teach
in any public school in the state, and cannot be superseded
or modified by any mandate or order of a school board. —
Nash v. School Board, 49 C. 555

Registration of normal school diploma.

1. The law requires that the state normal school diploma,
held by one who is to teach in a certain county, shall be
presented to the county superintendent for inspection and
registration by him, and until this is done the teacher is not
legally a teacher in the county, and therefore should not
receive her salary until she has fully complied with the law.

333. No fee for diploma. No fee shall be charged
or received for any diploma or certificate authorized
by this act.— R. S. 6143

No fee for registration.

1. No law authorizes a county superintendent to charge
a fee for registering a certificate issued by the state normal
school.

334. Report of trustees — contents — verification.
The trustees of the state normal school shall make

343

§334 STATE EDUCATIONAL INSTITUTIONS

and file with the state board of education, on or
before the first day of August in each year, a report
of the affairs and conduct of said normal school dur-
ing the year last preceding such report. Said annual
report shall be made upon blanks prepared by the
superintendent of public instruction, approved by
the state board of education, and shall include the
following, viz. :

First — The number of students enrolled during
the preceding year, their sex, age, residence and
place of birth.

Second — The attendance each day ; the average
attendance for each week and term, and during the •
year; the number of days the school was taught in
the year.

Third — The full curriculum of instruction in said
school; the classification and departments thereof;
the branches taught; time devoted to each; text
books and apparatus in use ; number of books in the
library ; requirements for admission and graduation,
with dates and requirements for examinations.

Fourth — The number of students in each depart-
ment and class ; number of diplomas granted, and to
whom ; number, names and residence of graduates ;
number of suspensions and expulsions, and cause of
same.

Fifth — The names and number of teachers in each
class and department, length of time each has been
employed, and salary paid to each.

Sixth — Names, individual employment and num-
ber of all other employes in and about the school,
with rate and amount of wages paid to each.

Seventh — A full financial statement, classified and
itemized, of the business department of the school

344

STATE EDUCATIONAL INSTITUTIONS §§335-336

and corporation, covering receipts and expenditures
from and by all sources, and in such form as to show
the average cost of the school per month for each
pupil, and in gross for the year; cash on hand or
dciif.it at the beginning and end of year.

Eighth — An estimate of necessary expenditures,
ordinary and special, for the next ensuing year.

Ninth — Such other particulars as the said board
of education may require, necessary to a fair and
complete showing and fair understanding of all the
affairs of said normal school.

Said report shall be signed by the president and
secretary of the said board of trustees, and veri-
fied by the oath of one or more of their number.
—R. 8. 6138

NORMAL SCHOOL AT GUNNISON

335. School established at Gunnison. A State
Normal School is hereby established at the city of
Gunnison, in the county of Gunnison and state of
Colorado, the purpose of which shall be instruction
in the science and art of teaching, and in such
branches of knowledge as shall qualify teachers for
their profession ; — R. S. 6144

336. Management of school. Upon the comple-
tion of said (Gunnison Normal School) building, the
same shall by said trustees be turned over and de-
livered to the trustees of the State Normal School
at Creel cy. and thereafter said school buildings and
premises shall form a part of the Normal School
svslem ol' the slale. and shall be controlled and man-
aged under the same laws and by the same board of
trustees as have charge of the Normal School at
Greeley.— 8. L. '09, p! 195

345

SCHOOL OF MINES

337. Located at Golden. The state school of
mines, located at Golden, in the county of Jefferson,
is hereby declared to be a body corporate under the
name of, "School of Mines," and by that name may
sue and be sued ; may take and hold real and per-
sonal property by gift, bequest, devise, or purchase
for the state ; and may sell and dispose of the same
when authorized so to do by law.— R. s. 6015

338. Board of trustees — term. There shall be a
board of trustees of said school of mines, to be com-
posed of five persons, who shall, except as herein-
after provided, hold their office for a period of four
years and until their successors are appointed and
qualified. * * * — R. s. 6016

339. Control — management. The said board of
trustees shall have the control and management of
the said school of mines, and of the property belong-
ing thereto, subject to the laws of this state, and
may make all needful by-laws and regulations for
the government of said board, and for the manage-
ment and government of said school of mines, not
inconsistent with the laws of this state.— R. s. 6018

340. Instruction provided for. The said school
of mines shall have for its object, to furnish such in-
struction as is provided for in like technical schools
of a high grade, and may, by its board of trustees,
confer all degrees appropriate to the courses of study
pursued. — R. 8. 6019

Trustees cannot issue diploma except through faculty.

a. The board of trustees of the school of mines has no
authority to issue a diploma to a student of the school except

' 346

§§341-342 STATE EDUCATIONAL INSTITUTIONS

when required to da so by the school, speaking through its
faculty. Mandamus will not lie to compel the trustees to
issue such diploma where the student has failed to pass the
examination required by the faculty, although the failure
may be chargeable to the wrongful conduct of the faculty. —
Stcinhauer v. Arkins, 18 C. A. 49

341. School open to all. The said school of
mines shall be open and free for instruction to all
bona fide residents of this state, without regard to
sex or color, and with the consent of said board, stu-
dents from other states or territories may receive
education thereat upon such terms and at such rates
of tuition as the board may prescribe. — R. 8. 6021

342. Governor appoints trustees with consent of
senate. The Governor of this state, with the advice

d consent of the Senate, shall, at each regular ses-
sion of the general assembly to be held "after the
year 1877, by appointment, fill all vacancies in said
board of trustees occurring either by expiration of
their term of office or otherwise ; and any vacancy
occurring in such board when the general assembly
is not in session may be temporarily filled by the
Governor until the next meeting of the general as-
sembly; Provided, That at all times, at least one
member of said board of trustees shall be a graduate
of said school of mines upon whom a degree has
been conferred by its board of trustees not less than
ten years prior to his appointment.— S. L. '09. p. 501

347

STATE HOME FOR DEPENDMENT AND NEG-
LECTED CHILDREN.

343. State home established. There shall be
established in or near Denver, in this state, and
maintained by the state, an institution which shall
be known as the state home, and it shall be for a
home for the children of sound mind and body under
sixteen years of age, who are dependent on the pub-
lic for support ; Provided, That the board of control
of said home shall have authority to admit, in their
discretion, any child dependent or neglected, regard-
less of its physical condition.— R. 8. 568

344. Board of control — appointment — term.
The general supervision and government of said
home shall be vested in a board of control, to con-
sist of five members, who shall be appointed by the
governor; the members of which board shall hold
their offices for the respective terms of one for two,
two for four, and two for six years, from the first
Wednesday of April, 1895, and until their successors
shall be appointed and qualified; no more than two
of whom shall belong to the same political party,
and at least two of whom, shall be women; said re-
spective terms of office to be designated in their re-
spective appointments; and thereafter there shall
be one member of said board appointed every six
years, commencing first Wednesday in April * * *
by the governor, whose term of office shall continue
for six years, or until his or her successor is ap-
pointed and qualified — R. 8. 569

345. Object of home — dependent children re-
ceived— guardianship. The object of this act is to

348

STATE EDUCATIONAL INSTITUTIONS §346

provide a temporary home for dependent and neg-
lected children, in said home, where they shall
he retained only until they can be placed in family
homes ; Provided, That in the discretion of the board
the child may be retained as long as its best in-
terests may require in said home. There shall be
received into said home those children who have
been declared to be dependent on the public for sup-
port, as herein provided, and they shall be retained
therein until they are sixteen years of age, unless
they shall before that age be sent out as herein pro-
vided. The said board may, in their discretion, re-
tain any children in said home after they shall be-
come sixteen years of age, when they shall deem
such course for the best interest of such children.
The said board are hereby made the legal guardians
of the persons and estates of all children admitted
to said home pursuant to law; which guardianship
shall continue during the minority of such children,
except, in the cases where, under this act, the guar-
dianship may be cancelled by resolution adopted by
said board.— R. 8. 572

346. Children placed in private homes — contract
of apprenticeship. The said board are authorized,
and it shall be the duty of said board of control,
to use special diligence in placing the children ad-
mit ted to said home in suitable family homes, which
shall be approved as herein provided, on written
contracts to remain until they are twenty-one years
of age. * * * Such contracts shall provide for
the education of the children in the public schools
where they reside at least six months in each year ;
for teaching them some useful occupation; for kind

349

§347 STATE EDUCATIONAL INSTITUTIONS

and proper treatment as members of the families
where placed, and for the payment on the term-
ination of the contract, to said board, for the use
and benefit of said children, such sum of money as
shall be named in the contract; Provided, however,
That in the discretion of said board, in the case of
children not on indenture and over sixteen years of
age, such contract may provide only for wages to
be paid to the child or to said board for the
benefit of the child and for kind and proper treat-
ment. Every such contract shall contain a clause
reserving the right to said board to cancel the same
whenever they may deem that the interests of the
child require it, and may also contain a clause au-
thorizing the person taking the child to cancel the
same at any time, within sixty days from the date
of the contract, on returning the child to the home
free of expense to said home. All moneys earned by
said child or received from an indenture contract
shall be turned over to said child when, for any
reason, the guardianship of the board shall cease.

—R. 8. 573

347. Guardianship cease when ward becomes
self-supporting — classes of children returned to
counties. Whenever any ward of said board who is
not indentured has become self-supporting, the said
board may, at their discretion, so declare the fact
by resolution, and thereupon said guardianship shall
cease and the child shall thereafter be entitled to its
own earnings. Whenever one or both -of the parents
of any ward of said board, who is not indentured,
have become able to support the child and educate
it, the child may by resolution adopted by said
board be restored to its parents, in which case the

350

STATE EDUCATIONAL INSTITUTIONS §347

suitableness of the home shall be certified in the
manner herein provided for placing children on in-
denture, and thereupon the guardianship of said
board shall cease. The said board are authorized
to return to the counties from which they were sent
the following classes of children :

First — Those who have become sixteen years of
age, and who for any reason cannot be placed or re-
tained in a family home.

Second — Those who by reason of vicious habits
or incorrigibility cannot be placed or retained in
family homes.

Third — Those who, in the opinion of said board,
based on the certificate of the physician of said
home, are of unsound mind or body, or who have
same serious physical disability which prevents
their being placed in family homes or learning
trades. Whenever any child shall be ordered by
said board to be returned to its county, as herein
provided, the guardianship of said board shall cease,
and the child shall thereupon again become a charge
on the county from which it was sent ; and the su-
perintendent of said home, in returning any child to
its county, shall report in writing to the county com-
missioners of the proper county the action of said
board and the reasons therefor.— R. 8. 574

351

STATE HOME AND TRAINING SCHOOL FOR
MENTAL DEFECTIVES

348. Establish home. There is hereby established
the state home and training school for mental de-
fectives. The essential object of said school and
home shall be the mental, moral, physical education
and training of feeble-minded children and the treat-
ment and care of persons so mentally defective as to
be incompetent to care for themselves or their prop-
erty.— 8. L. '09, p. 180

349. Management of state home. The manage-
ment of the said state home and training school for
mental defectives shall be under the supervision of a
board of three commissioners, who shall be residents
and electors of the state of Colorado, who shall have
full control thereof, as hereinafter provided. The
board of commissioners shall be appointed by the
governor, by and with the consent of the senate,
* * * and not more than two of the commissioners
shall be of the same political party; each
commissioner shall be appointed for the term of six
years. The governor shall have the power of re-
moval of any commissioner for cause, specifically
stated. * * ' * —8. L. '09, p. 180

350. Superintendent — matron — appointment.
Within ninety days after appointment, the commis-
sioners shall, with the approval of the governor,
appoint a superintendent, who shall be a skilled phy-
sician, who has had not less than two years' expe-
rience in a similar institution, he shall be competent
to direct the medical, hygienic, educational and in-
dustrial interests of said state home and training

352

STATE EDUCATIONAL INSTITUTIONS §351

school; he shall reside at the state home and training
school, and shall have a general supervision over its
affairs. Said board of commissioners shall

in like manner appoint a matron, who shall be an
assistant to the superintendent, especially in the
caring for females admitted to said state home and
training school, she shall have had at least one
year's experience in a similar institution, and shall
reside permanently at said state home and training
school. The superintendent shall, with the

approval of the commissioners, appoint such office
assistants, teachers, attendants, foremen and other
employes, who shall be residents and electors of the
state of Colorado, as may be required from time to
time. * * * — 8. L. '09, p. 181

351. Who admitted to state home. There shall
be admitted to the state home and training school,
feeble-minded persons incapable of receiving instruc-
tion in the public schools, also epileptics and feeble-
minded adults unable to care for themselves or their
property; providing, that the applicant, or his legal
guardian shall be a bona fide resident of Colorado.
When parents, or feeble-minded persons, are able to
pay the whole or any part of the maintenance it shall
be required of them. There may be admitted from
other states and territories feeble-minded persons;
provided, that after all Colorado applicants are cared
for there shall be room, and provided, that such non-
resident applicants shall not be afflicted with tuber-
culosis or other contagious diseases, and provid-
ing, that the entire expense, including room rent,
board and training shall be paid by the parents,
slate or territory making such application. * * *
— 8. L. '09, p. 182

353
12

TRUANT SCHOOLS

352. Truant schools to be established — in what
cities. That in cities having a population of 100,000
inhabitants or more, there shall be established, main-
tained and conducted within two years from the date
of taking effect of this act, one or more parental or
truant schools for the purpose of affording a place of
confinement, discipline, instruction and maintenance
of children of compulsory school age who may be
committed thereto in the manner hereinafter pro-
vided.—ft. 8. 5978

353. Sites — location — furniture — fixtures — no in-
crease of levy. For the purpose of establishing such
school or schools, sites may be purchased and build-
ings constructed or premises rented in the same man-
ner as is provided for in the case of public schools in
such cities ; but no such school shall be located at or
near any penal institution.

And it shall be the duty of the board of education
to furnish such schools with such furniture, fixtures,
apparatus and provisions as may be necessary for the
maintenance and operation thereof; Provided, That
nothing in this act shall be construed to permit an
increase of the levy for school purposes beyond the
limit fixed by law.— R. 8. 5979

354. Officers — course of instruction. The board
of education may also employ a superintendent and
all other necessary officers, agents and teachers ; and
shall prescribe the methods of discipline and the
course of instruction ; and shall exercise the same

354

STATE EDUCATIONAL INSTITUTIONS §§355-356

powers and perform the same duties as is pre-
scribed by law for the management of other schools.
— R. 8. 5980

355. No religious instruction in school — religious
training. Xo religious instruction shall be given in
such school, except such as is allowed by law
to be i>'ivcM in public schools; but the board of educa-
tion shall make suitable regulation so that the in-
mates may receive religious training in accordance
with the belief of the parents of such children, either
by allowing religious services to be held in the insti-
tution or by arranging for attendance at public serv-
ice elsewhere.— R. 8. 5981

Directors determine use of Bible in school.

1. Neither the constitution of the state nor the statutes
touch directly the reading of the Bible or prayer or any
other form of religious or devotional exercises, except to for-
bid that observance or participation shall be compulsory.
The spirit of the constitution permits religious exercises in
school if nothing sectarian is introduced and the trustees do
not object. The laws of the different states bearing on this
point differ. In Iowa "neither the electors, the board of
directors nor the sub-directors can exclude the Bible from
any school in the state." In Missouri, on the other hand,
"directors may compel the reading of the Bible." In Dakota
"the Bible may be read in school not to exceed ten minutes
daily, without sectarian comment." The Cincinnati board of
education forbade the reading of the Bjble in the public
schools of that city. In 1873 the supreme court of Ohio
reversed this judgment, and sustained the board, saying
"that the management of the public schools, being under the
exclusive control of directors, trustees and boards of educa-
tion, it rested with them solely to determine what instruc-
tion should be given and what books should be read therein."

2. The law of Colorado does not specify concerning the
reading of the Bible in the public schools, the school boards
of the state having the right to specify as to what shall be
the practice in the matter.

356, Habitual truant — petition to county court.

Il shall be the duty of any truant officer or agent of

355

§357 STATE EDUCATIONAL INSTITUTIONS

such board of education to petition, and any repu-
table citizen of the city may petition the county court
of the county to inquire into the case of any child
of compulsory school age who is not attending school,
or who has been guilty of habitual truancy, or of
persistent violation of the rules of the public schools,
and the petition shall also state the names, if known,
of the father and mother of such child, or the sur-
vivor of them; and if neither father nor mother of
such child is living, or cannot be found in the county,
or if their names cannot be ascertained, then the
name of the guardian, if there be one known, and if
there be a parent living whose name can be ascer-
tained, or a guardian, the petition shall show whether
or not the father or mother or guardian consents to
the commitment of such child to such parental or
truant school. Such petition shall be verified by oath
upon the belief of the petitioner, and upon being
filed, the judge of the county court shall have such
child named in the petition brought before him for
the purpose of determining the application in said
petition contained. But no child shall be committed
to such school who has ever been convicted of any
offense punishable, by confinement in any penal insti-
tution.—#. 8. 5982

357. Hearing — commitment — notice to parent.
Upon the filing of such petition the clerk of the court
shall issue writ to the truancy officer of the district,
directing him to bring such child before the court;
if the court shall find the material facts set forth in
the petition are true, and if in the opinion of the
court such child is a fit person to be committed to
such parental or truant school, to be kept there until
he or she arrives at the age of fourteen years, unless

356

STATE EDUCATIONAL INSTITUTIONS §§358-359

sooner discharged in the manner hereinafter set
forth, subject to the right of appeal as in cases of
misdemeanor in the county courts. Before the hear-
ing aforesaid, notice in writing shall be given to the
parent or guardian of such child, if known, of the
proceedings about to be instituted, that he or she
may appear and resist the same, if they so desire.
— R. S. 5983

358. Parent or guardian pay maintenance. It

shall be the duty of the parent or guardian of any
child committed to this school to pay the actual cost
of board of such child and provide suitable clothing
upon his or her entry into such school, and from time
to time thereafter as it may be needed, upon notice
in writing from the superintendent or other proper
officer of the school. In case any parent or guardian
shall refuse or neglect to furnish such clothing or
pay for such board, the same may be provided by the
board of education, and such board may have an
action against such parent or guardian of said child
to recover the cost of such clothing and board, with
10 per cent, additional thereto. — R. 8. 5984

359. Board .of education establish regulations for
parole. The board of education of such city shall
have power to establish rules and regulations under
which children committed to such parental or truant
school may be allowed to return home upon parole,
but to remain while upon parole in the legal custody
and under control of the officer and agents of such
school and subject at any time to be taken back
within the enclosure of such school by the superin-
tendent or any authorized officer of said school, ex-
cept as hereinafter provided; and full power to en-
force such rules and regulations to retake any such

357

§§360-361 STATE EDUCATIONAL INSTITUTIONS

child so upon parole is hereby conferred upon said
board of education. No child shall be released upon
parole in less than four weeks from the timie of his
or her commitment, nor thereafter until the superin-
tendent of such parental or truant school shall have
become satisfied from the conduct of such child that,
if paroled, he or she will attend regularly the public
or private school to which he or she may be sent by
his or her parents or guardians, and shall so certify
to the board of education.— .R. 8. 5985

360. Monthly report — discharge — recommitment.
It shall be the duty of the principal or other person
having charge of the school to which such child so
released on parole may be sent, to report at least
once each month to the superintendent of the pa-
rental or truant school, stating whether or not such
child attends school regularly, and obeys the rules
and regulations of such school ; and if such child so
released upon parole shall be regular in his or her
attendance at school, and his or her conduct as pupil
shall be satisfactory for a period of one year from
date, on which he or she was released upon parole, he
or she shall then be finally discharged from the pa-
rental or truant school, and shall not be recommitted
thereto, except upon petition as hereinbefore pro-
vided.—.R. 8. 5986

361. Violation of parole — penalty — second parole.
In case any child released from school upon parole,
as hereinbefore provided, shall violate the conditions
of his or her parole at any time within one year
thereafter, he or she shall, upon the order of the
county court, as hereinbefore provided, be taken back
to such parental or truant school, and shall not be
again released upon parole within the period of three

358

STATE EDUCATIONAL INSTITUTIONS §§362-363

months from the date of such re-entering; and if he
or she shall violate the conditions of a second parole,
he or she shall be recommitted to such parental or
truant school, and shall not be released therefrom on
parole, until he or she shall remain in such school at
least one year.— 12. 8. 5987

362. Incorrigible — committed to reformatory.
In any case where a child is incorrigible and his ot-
her influence in such school shall be detrimental to
the interests of the other pupils, the board of educa-
tion may authorize the superintendent of any officer
of the school to represent these facts to the county
court by petition; and the court shall have power
to commit said child to some juvenile reformatory.
—R. 8. 5988

363. Established in cities over 25,000, under
100,000. The boards of education in cities having a
population of over 25,000, and less than 100,000, may
establish, maintain and operate a parental or truant
school for the purpose hereinbefore specified, and in
case of the establishment of such a school, the
boards of education shall have like power in their
respective cities as hereinbefore expressed ; provided,
that no board of trustees or board of education under
this section shall put this law into effect until sub-
mitted to a vote of the people and adopted by a ma-
jority vote at some general election, in which case
school districts in the same municipality may unite
in the establishment and maintenance of one such
truancy school.— R. 8. 5989

369

UNIVERSITY

364. Studies — qualifications of students. The

objects of the university of Colorado, established by
law, near Boulder City, in Boulder County, and
state of Colorado, shall be to provide the best and
most efficient means of imparting to young men and
women, on equal terms, a liberal education and
thorough knowledge of the different branches of
literature, the arts and sciences, with their varied
applications. The university, so far as practicable,
shall begin the course of study in its collegiate and
scientific departments at the points where the same
are completed in high schools, and no student shall
be admitted who has not previously completed the
elementary studies in such branches as are taught
in the common schools throughout the state.
—R. 8. 6933

Change of location of university.

a. The location of the state university is, by the con-
stitution, established at Boulder, and cannot be changed ex-
cept by constitutional amendment. — People v. Regents, 24 C
175

365. Each county entitled to one pupil free.

Each county shall be entitled to send one pupil
under the age of 16 years to said university, tuition
free ; said pupil to be selected by competitive exam-
ination before the county superintendent of such
county and given to the highest scholarship.
—R. S. 6934

366. Tuition fee. Provided that said univer-
sity shall charge a reasonable tuition fee for all stu-

360

STATK K I )IT<1, \Tlo.\.\ I, IXSTITrTloNS §§ 367-370

dents attending from outside the state, or whose
p;i rents reside outside the state of Colorado.
— /.'. X. 6935

367. Religious or irreligious control. The uni-
versity shall never be under the control of any re-
ligious or irreligious denomination or society what-
ever.—/?. 8. 6936

368. Regents — election — term of office. The
university shall be governed by a board of six re-
gents, who shall be elected by the people of the
state at a general election. * * * The regents
thus elected and their successors in office shall con-
stitute a body" corporate to be known by the name
and style of the regents of the university of Colo-
rado. —R. S. 6937

Note. Sc»- .-irticlr ft, section 12, constitution.

369. Departments — degrees — diplomas. The

university shall include a classical, philosophical,
normal, scientific, law and such other departments,
with such courses of instruction and elective studies
as the board of regents may determine, and a de-
partment of physical sciences, and the board shall
linve authority to confer such degrees, and grant
such diplomas and other marks of distinction, as are
usually conferred and granted by other universities;
and the board of regents is hereby authorized to
establish a preparatory department, which shall be
under the control of said board of regents, as are
th<> other departments of the university. * *
—R. S. 6945

370. Report — contents. The president of the
university shall make a report on the first day of
September of each year to the board of regents,

861

§371 STATE EDUCATIONAL INSTITUTIONS

which shall exhibit the condition and progress of the
institution in its several departments, the different
courses of study pursued therein, the branches
taught, the means and methods of instruction
adopted, the number of students, with their names,
classes and residences, and such other matters as he
may deem proper to communicate. — R. 8. 6954

371. Regents report to superintendent of public
instruction. The board of regents shall, on the first
day of October preceding each meeting of the gen-
eral assembly, make a report to the superintendent
of public instruction, which report, with that of the
president, shall be embodied in the said superintend-
ent's report to the general assembly. The report of
the board of regents shall contain the number of
professors, tutors and other officers, with the com-
pensation of each; the condition of the. university
fund, and the income received therefrom, and from
all other sources; the amount of expenditures and
the items thereof; and such other information and
recommendations as may be expedient to lay before
the general assembly.— -#. s. 6955

362

STATE SUPERINTENDENT OF PUBLIC IN-
STRUCTION

372. .Election of state superintendent. At the

general election, to be held in the year of our Lord
one thousand eight hundred and seventy-eight, and
every two years thereafter, a state superintendent of
public instruction shall be elected by the qualified
electors of the state, who shall hold office for the
term of two years from the second Tuesday of Jan-
uary next after his election, and until his successor
is duly elected and qualified.— R. S. 5871

373. Oath and bond of superintendent. Before
entering upon his duties he shall take and subscribe
the oath of office prescribed by the constitution, and
shall also execute a bond in the penalty of five
thousand dollars, payable to the state of Colorado,
with sureties to be approved by the state auditor,
conditioned upon the faithful discharge of his of-
ficial duties, and the delivery to his successor of all
books, papers, documents and other property be-
longing to the office. Said bonds and oath shall be
deposited with the secretary of state.— R. 8. 5872

374. Duties of superintendent. He shall have
an .office at the scat of government, where shall be
kept an official seal, and all books and papers ap-
pertaining to the business of his office. He shall file
all papers, reports and public documents trans-
mitted to him by the school officers of the several
counties, each year separately, and hold the same
in readiness to be exhibited to the governor, or to
.my committee of either house of the general as-

363

§375 SUPERINTENDENT OF PUBLIC INSTRUCTION

sembly. Copies of all papers filed in his office, and
his official acts, may be certified by him, and when
so certified, shall be evidence equally and in like
manner as the original papers. He shall decide all
points touching the construction of the school laws,
which may be submitted to him in writing by any
school officer, teacher or other person in the state,
and his decision shall be held to be correct and final
until set aside by a court of competent jurisdiction,
or by subsequent legislation ; and said decision, cor-
respondence and instructions may be communicated
through the columns of any regularly published
periodical that is devoted to the interest of educa-
tion. He shall prepare lists of questions for the use
of county superintendents at the quarterly examin-
ation of teachers, and make such suggestions con-
cerning their use as shall tend to secure uniform ex-
aminations in the different counties; and he may
call to his aid, in the preparation of said questions,
such assistance as he may deem proper.— .B. 8. 5873

Note. In regard to books received for use of the supreme
court see R. S. 1428.

375. Furnish blanks — cost — prepare laws. He

shall have a general supervision of all the county
superintendents, and of the public schools of the
state. He shall prepare, have printed and furnished
to teachers and all officers charged with the admin-
istration of the laws relating to public schools, such
blank forms, registers and books as may be neces-
sary to the discharge of their duties; but he shall
not copyright such forms, nor be directly nor indi-
rectly compensated by reason of the sale thereof.
All register and blank books so furnished for the
use of teachers and school officers shall be charged

364

SUPERINTENDENT OF PUBLIC INSTRUCTION §375

to the respective counties at cost, and the county
superintendent of schools shall receipt for and dis-
tribute the same among the districts of his county
as they, may require; and the amount so chargod
against each county shall be deducted from the
amount apportioned to such county at the semi-
annual apportionment of the state school fund ; and
the superintendent of public instruction shall cer-
tify to the state treasurer the aggregate amount of
such deductions, and the treasurer shall thereupon
transfer said amount from the school fund subject
to apportionment to the general fund. The super-
intendent of public instruction shall. have the laws
relating to public schools printed in pamphlet form,
and annexed thereto forms for making reports and
conducting school business, and shall supply school
officers, school libraries and state libraries with a
copy each. Said printing to be paid for out of the
printing fund, on warrant of the auditor, on bills
approved by the superintendent of public instruc-
tion, and attested by the secretary of state.
— R. 8. 5874

Note. See enabling act, section 14.

Powers in regard to certificates.

1. The state superintendent has no authority to grant a
certificate to teach except when directed to do so by a vote of
the state board of education, or in cases of appeal or upon
state examination.

2. Neither the state superintendent of public instruc-
tion nor the state board of education have the power to
compel a county superintendent to recognize examination
papers prepared under the supervision of the county super-
intendent of another county, as this is a mere matter of
comity.

3. The state superintendent has no right to authorize
the county superintendent to hold a special examination.
Examinations for teachers' certificates cannot be held except
at the times prescribed by law for public examinations.

365

$375 SUPERINTENDENT OF PUBLIC INSTRUCTION

4. The state superintendent has no right to endorse
certificates, as this is a matter which rests with the county
superintendent.

5. The state superintendent has no authority whatever
to waive in any manner the requirement for the issuing a
certificate to teach, nor to order a county superintendent to
change the marking, unless the applicant appeals from the
decision of the county superintendent to the state board of
education.

6. The state superintendent has no authority whatever
to waive in any manner the requirements of law for a license
to teach, nor to grant a temporary certificate or permit, nor
to authorize a co-unty superintendent to grant such certifi-
cate or permit.

7. The laws of Colorado do not give the state superin-
tendent the right to endorse certificates of any kind from
other states.

8. The law makes no provision for the writing of a
duplicate certificate for the convenience of the person hold-
ing a first grade certificate. Special permission may be ob-
tained from the state superintendent by a county superin-
tendent to write a duplicate certificate in case the. holder of
the original gives proof of its being lost or destroyed.

9. The state superintendent has no authority to excuse
a person from taking an examination.

Take no part in organizing district.

10. It is not within the province of the state superin-
tendent to take any part whatever in the organization of a
new school district; but, as a member of the state board of
education, she may pass upon the legality of such organiza-
tion when an appeal is taken to the board from the decision
erf the county superintendent.

11. The state superintendent has no power to establish
a school in any locality.

In regard to .special elections.

12. The state superintendent has no power to set aside
a special meeting of the electors of a district, as this is a
question to be decided by the courts.

13. The state superintendent has no authority to call a
special school election, since the law provides that it must
be called either by the secretary of the board of directors or
by two legal voters in the district, as specified in section
144.

366

SUPERINTENDENT OF PUBLIC INSTRUCTION §376

X<> f/oircr to compel county superintendent to turn over
records and funds.

14. If a county superintendent fails to turn over moneys
received by him to the county treasurer as required by law,
or fails to'turn over to his successor the records of the office,
such matters should be called to* the attention of the county
commissioners, and they may proceed in a civil action for
the recovery of any moneys due the county and to compel
the delivery of such records. The county superintendent is
also liable upon his bond for the improper performance of
his duty; but all these are matters over which the state
superintendent has no jurisdiction.

376. Biennial report — visits — expenses. He

shall, on or before the tenth day of December, in
every year preceding that in which shall be held a
regular session of the general assembly, report to
the governor the condition of the public schools, the
amount of state school fund apportioned, and sources
from which derived, with suggestions and recom-
mendations relating to the affairs of his office as he
may think proper to communicate. It shall be his
duty to visit annually such counties in the state as
most need his personal attendance, and all counties,
if practicable, for the purpose of inspecting the
schools, awakening and guiding public sentiment in
relation to the practical interests of education, and
diffusing as widely as possible, by public addresses
and personal communication with school teachers
and parents, a knowledge of existing defects and of
desirable improvements in the government and in-
struction of the schools ; and he shall open such cor-
respondence as may enable him to obtain all neces-
sary information relating to the system of public
schools in other states; and he shall receive out of
the state treasury, for actual necessary traveling ex-
penses and other expenses while traveling on the

367

§377 SUPERINTENDENT OF PUBLIC INSTRUCTION

business of the department, not exceeding five hun-
dred dollars per annum, for which he shall render
an itemized bill to the auditor of state, who is here-
by authorized to draw his warrant therefor; and all
office, fuel, furniture, postage, books, stationery, and
other contingent expenses pertaining to his office
shall be furnished in the same manner as those of
the other departments of the state government.
— R. 8. 5875

377. Apportionment of school fund. It shall be
the duty of the state auditor to notify the super-
intendent of public instruction of the amount of
money in the state treasury to the credit of the pub-
lic school income fund, on the thirtieth day of June
and December in each year. Within fifteen days
after receiving such notification, the superintendent
of public instruction shall apportion said fund
among the several counties of the state, from which
reports have been received by said superintendent,
as provided in this act, in proportion to the school
population as shown by the report of each county
for the year next preceding such apportionment,
making such deductions as are provided in section
nine of said chapter. And the superintendent of
public instruction shall certify said apportionment
to the state auditor, and upon such certificate the
auditor shall draw his warrant on the state treasurer
in favor of the county treasurer of each county, for
the amount due said county. The superintendent
shall also certify to the superintendent of each coun-
ty the amount apportioned to such county.— .R. 8. 5887

Note. Section 9 referred to in this section is section 375.
368

SUPERINTENDENT OF PUBLIC INSTRUCTION §378

Two apportionments.

1. There are only two apportionments of the school
fund by the state superintendent during the year — one in
January and one in July. Other apportionments, if any, are
made by the county superintendents.

378. Assistant librarian — salary. He may em-
ploy an assistant librarian, who shall have charge
of the state library, under such regulations as may
be prescribed by the state librarian, or by law.
Said assistant shall receive the annual salary of one
thousand dollars for his services. — R. 8. 5876

369

TAXES

COUNTY SCHOOL TAXES

379. County commissioners shall cause school tax
to be levied. The county commissioners shall, at the
time of levying the tax for county purposes, cause to
be levied a tax for the support of the schools
within the county, of not less than two mills on the
dollar, of the assessed value of all taxable property,
real and personal, within the county, which tax shall
be collected by the county treasurer at the same time,
and in the same manner, as state and county taxes
are collected, except that it shall be receivable only
in cash. It is hereby made the duty of the county
superintendent of schools to certify to the board of
county commissioners at this time the amount of
money needed per capita, to enable each school dis-
trict in the county to maintain a public school four
months in each year, as required by law. In
making his estimate, the county superintendent shall
not take into consideration districts whose school
population shall be less than fifteen, as shown
by the school census preceding the time of making
the levy. He shall use as a basis for making his esti-
mate the sum of forty dollars per month for the
teacher's salary. All other expenses of the school
must be provided for by the board of directors by
special tax. It is hereby made the duty of the county
commissioners to increase the minimum rate of two
mills, to what shall be required for the purpose.
as stated as above ; Provided, That such tax levy
shall in no case exceed five mills; Provided, fur-
ther, If any school district shall fail to certify a

370

TAXES § 379

special tax for other expenses of the district nec-
essary to maintaining a public school each year, as
provided for in section seventy-seven, the county
commissioners shall cause the same to be levied.
— R. 8. 5893

Note. Section 77 above referred to is section 240 herein.
Tax levy becomes lien when.

a. A tax levy for school purposes does not become a
lien upon personal property by virtue of the assessment
merely, but only upon seizure, there being nothing in the
statute upon the subject. — McKay v. Batchelor, 2 C. 591

Property located partly within district.

b. Property located in a school district is alone subject
to sale for taxes levied on the property of the district, and
where a tract of land lies partly within and partly without
the district, that part lying without cannot be sold for taxes.
—Shaw v. Lockett, 14 C. A. 413

Apportionment of two mill levy.

1. The above section contemplates that the two mill
tax therein pro-vided shall be apportioned among the school
districts per capita. The $40 per month therein provided is
established as a basis in estimating the teachers' salaries.

Duties of county commissioners in regard to levy.

2. It is the duty of the board of county commissioners
to levy such a rate above two mills as may be necessary to
produce the amount needed per capita to enable each school
district in the county to maintain a public school four
months in each year, as required by law, and as shown by
the county superintendent's certificate provided for in the
same section, and the board of commissioners can be com-
pelled to do this by mandamus if necessary.

3. The county commissioners have no right whatever
to make a general levy of one mill only, since the law plainly
states that the minimum rate is two mills, which must be
increased by the commissioners to whatever shall be re-
quired for the purpose as specified to them by the county
superintendent of schools.

Commissioners — no authority to change levies — when
certified.

4. The county commissioners have no authority what-
ever to change levies for special school tax when certified to

371

§§380-381 TAXES

by the directors of a district. The levies as certified by the
school directors must remain, whatever the action of the
commissioners may be as regards valuation.

No annual meeting — county commissioners make levy.

5. In case a school district has not held its annual
meeting to elect officers and vote a tax, it becomes the duty
of the county superintendent to appoint to the vacant posi-
tions, and the duty of the county commissioners to levy the
tax for the district.

New levy on consolidation — when.

6. If districts are consolidated between the time of
voting on the special tax and making the levy by the county
commissioners, a new levy must be determined on for the
new district.

Special tax — when voted.

7. It would be legal to vote a special tax at an annual
meeting by giving the legal notice.

8. A majority vote to decide a special tax levy for erect-
ing a school building means a majority of the qualified
electors when assembled at a regular or special meeting.

380. County clerk must levy — officer failing -
forfeiture. No county clerk or other person, who
shall make out the tax list or assessment roll of any
county, shall omit or neglect to levy said tax of
two mills, as aforesaid, by reason of the omission of
the board of county commissioners to pass a resolu-
tion for that purpose. Failure to levy a tax of at
least two mills, as above specified, shall be deemed
a violation of the law, and the person or persons
through whose neglect or refusal the failure so to
levy shall occur, shall forfeit the sum of one
hundred dollars each, and be liable for all damages
resulting from such neglect or failure.— #. s. 5894

381. School boards certify amount needed to
county commissioners — not exceed twenty mills —
duties of assessors and treasurer — tax for library.
On or before the day designated by law for the com-

372

TAXES § 381

missioners of each county to levy the requisite taxes
for the then ensuing year, the school board in. each
district shall certify to the board of county commis-
sioners a statement showing the aggregate amount,
which, in the judgment of said school board, it is
necessary to raise from the taxable property of said
district, to create a special fund for any of the pur-
poses specified in section 51 of this chapter; said
statement shall also show the items composing said
aggregate and the purpose to which it is intended to
devote each sum so itemized. It shall thereupon be
the duty of the county commissioners to levy, at the
same time that other taxes are levied, such rate,
within the limits allowed by law, as will produce the
aggregate amount so certified. The amount of such
special tax, which shall be assessed to each tax payer
of such district, shall be placed in a separate column
of the tax book, which shall be headed " Special
School Tax," Provided, in the<3ase of districts of the
third class no higher rate than twenty mills per
dollar shall be levied. There shall also be a column
in said tax book in which shall be designated the
number of the school district in which the property
is listed. This tax shall be collected in cash only,
and placed to the credit of the proper district as fast
as collected, and the amount placed to the credit of
each district shall be reported to the secretary of
such district at the end of every month, and shall be
subject to the order of the district board. It is
hereby made the duty of the county assessor and
county treasurer to so arrange their tax schedules
and books as to conform to the above provision ; Pro-
vided, That the county assessor shall list all prop-
erty, both real and personal, in the school district in

373

§ 381 TAXES

which the same may be on the first day of May ; And
provided, further, That the board of any district may
include in said certified statement an item for the
purchase of books for a library, to be open to the
public, under such rules as the district board may
deem needful for the proper care of the said library ;
but no levy made for this purpose shall exceed one-
tenth of one mill, and the money accruing therefrom
shall be used for the purposes of such library, and
for no other purpose whatsoever. — s. L. '11, p. 585

Note. Section 51 above referred to is section 124 herein.

Mandamus county commissioners when.

a. Where at a special meeting of the district a resolu-
tion is regularly adopted instructing the president and secre-
tary of the board to certify to the county commissioners the
levy necessary for a special fund, and such action is duly
certified, there is a sufficient compliance with the statute to
authorize a proceeding by mandamus to compel the commis-
sioners to levy the tax, and on petition for that purpose by
the people, at the relation of the district, the supreme coiirt
has original jurisdiction. — People ex rel v. County Comrs.,
12 C. 89

Electors levy special tax.

&. The power to levy a special tax in a school district
of the third class is by statute vested in the electors thereof,
and cannot be exercised by the bo-ard of directors. — County
Comrs. v. R. R. Co., 3 C. A. 398

Property located partly within district.
c. Property located in a school district is alone subject
to sale for taxes levied on the property of the district, and
where a tract of land lies partly within and partly without
the district, that part lying without cannot be sold for taxes.
— 8haw v. Lockett, 14 C. A. 413

Certify special twenty mill limit.

1. A district board of the third class can legally certify
a special tax to the board of county commissioners without
a vote of the electors of the district, provided the tax thus
certified is not in excess of the amount necessary to support
a four months' school.

2. If the directors fail to certify the amount of the spe-
cial tax levy the county commissioners may make a levy

374

TAXES § 382

sufficient to maintain a four months' school, the tax in no
case to exceed 20 mills.

3. The 20 mill limit of special taxation applies only to
third class districts.

4. In case an assessor should alter a levy certified by a
district school board, he is liable civilly and criminally.

Levy for libraries.

5. The county high school district has the right to levy
a one-tenth mill tax for library purposes, just as any other
district has.

6. Funds raised in accordance with the provisions of
this section of the school law must be used solely for the
purchase of boaks for a library which shall be -entirely under
the control of the school board; and while the section states
that the library shall be open to the public, it is my opinion
that the law does not contemplate the location of the library
anywhere but in connection with the school.

Special levy in first and second class districts.

I. There is no limit to the special levy in first and
second class districts.

Special taxes collected on range stock — when.

8. It is lawful to collect special school taxes on range
stock in districts where they are located.

Cannot change school tax of resident.

9. The law gives no authority to change the school tax
of a resident of one district to another district.

New levy upon consolidation.

10. If districts are consolidated between the time of
voting on the special tax and making the levy by the county
commissioners, a new levy must be determined om for the
new district.

When warrants drawn.

II. After a levy is made for a special purpose in a
school district, and is also made by the county commis-
sioners, warrants may be drawn to the amount of the rev-
enue for the current year.

SPECIAL TAX

382. Special tax levy not to be reconsidered. It

shall not be lawful for a district or a district board
to reconsider the question of the levy of a special

876

§ 382 TAXES

tax after the same has been certified to the county
commissioners, nor shall said commissioners be
charged with any discretion in the matter of such
levy further than to ascertain if the law has been
obeyed.-- -ft. 8. 5896

Levy cannot ~be changed.

1. The board of county commissioners has no authority
to change a special tax levy certified by the board of direct-
ors.

2. A district board cannot raise a tax levy decided upon
by the electors of the school district after it has been certi-
fied to the county clerk. The board of commissioners cannot
raise this levy if the requirements of the law have been com-
plied with so far as the amount is concerned.

3. The directors cannot change a levy made by the
electors of a district, even though it may be insufficient to
carry on the regular term of school in the district.

4. When a levy has been made by electors, it is not in
the power of the school board to raise the levy made after
the same has been certified to the county commissioners.
This applies to a third class district. If it is a second class
district, the right to make the levy rests entirely with the
school board.

5. While the law does not permit the changing of a tax
levy made at the annual meeting in May and certified to by
the school board of the district, the district would have a
right to call a special meeting to vote an additional special
tax of two or any other number of mills that would be inside
the limit up to which a third class district is permitted to
levy. This is not in any way to be considered changing the
original levy, but simply voting an additional levy.

6. If districts are consolidated between the time of
voting on the special tax and making the levy by the county
commissioners, a new levy must be determined on for the
new district.

7. There is no provision whereby the levy can be
changed that has been certified to by the former county
superintendent and ordered by the commissioners.

376

TEACHERS

383. Must have license — expiration — proviso.

No district board shall employ any person to teach
in any of the public schools of the state, unless such
person shall have a license to teach, issued from the
proper district, county or state authority, and in full
force at the date of employment ; and any teacher
who shall commence teaching in any such school
without such license, shall forfeit all claim to com-
pensation out of the school fund for the term so
teaching without such license. And if a teacher's
license shall expire by its own limitation within a
term of employment, such expiration shall not have
the effect to stop the school, or stop the teacher's
pay; Provided, That a teacher whose certificate so
expires, if the term of school for which such teacher
is employed extends more than one month after such
expiration, shall secure a new certificate, or a re-
newal of the one held while the same is in force ;
And, provided, further, That a certificate shall not
be required of persons employed to teach either
music, drawing or modern languages only. No
teacher shall be dismissed without good cause
shown, and such teacher shall be entitled to receive
pay for services rendered.— R. s. 5990

Note. Kindergarten teachers, section 233.

Note. For powers and duties generally see pages 167 and
168 herein.

Note. For different grade certificates see section 47 herein.

Note. For examinations see section 149 herein and de-
cisions thereunder.

Teacher discharged need not appeal.

a. A public school teacher engaged for a specific term,
who is discharged without cause, need not rely upon the

377

§ 383 TEACHERS

statutory right of appeal from the decision of the board,
but may bring action to recover in the courts; and the rule
in the teachers' hand-book, that the tenure of office of all
teachers, regardless of contract, shall be at the pleasure of
the board, is no defense to such action. — School District v.
Hale, 15 C. 367

Teacher discharged for cause only.

&. A teacher cannot be dismissed from the public schools
without due notice and upon good cause shown, and when an
action is brought to recover damages therefor -the board can
only justify by showing proper cause for dismissal in ac-
cordance with the statute. — School District v. McComb, 18 C.
240

Revoking certificate after discharging.

c. A school board of a first class district, after discharg-
ing a teacher, has no authority to revoke a certificate there-
tofore issued to him so as to prevent his recovery for the
unexpired term. — School District v. Shuck, 49 C. 526

Teacher discharged only upon hearing.

d. Under the law providing that a teacher can be dis-
charged only on good cause shown, there must be a specific
accusation, notice and evidence placed before the board in
its official capacity, and a hearing given the teacher to refute
the charge; and where some of the members of the board,
in an unofficial capacity only, inquired around and found
some basis for neighborhood rumors of immorality, and upon
such evidence the b.oard gave the teacher leave of absence
with instructions to clear up the matter, and discharged him
upon failure so to do, is not a compliance with the statute,
and such discharge is illegal.— School v. Shuck, 49 C. 526

Normal school diploma.

e. A state normal school diploma licenses the holder to
teach in the public schools of this state until annulled by
the state superintendent or suspended by a county superin-
tendent. It is evidence of a vested continuing right to
teach in any public school in the state, and cannot be super-
seded or modified by any mandate or order of a school board.
—Nash v. School Board, 49 C. 555

Appointment and acceptance create contract.

f. A resolution of the directors appointing plaintiff a
teacher for the ensuing school year, and an acceptance of the
appointment, create a contract; and the requirement in the
resolution that teachers must, after a designated date, hold
a first grade certificate is not a limitation, but simply ren-

378

TEACHERS § 383

ders the employment subject to termination after such date,
if not complied with.— Nash v. School Board, 49 C. 555

Teacher employed without license, how.
g. Although the law prohibits a school board from em-
ploying a teacher having no license to teach at the date of
such employment, and further provides that a teacher who
shall commence teaching without such license shall forfeit
all claim to compensation, yet a school board may engage a
teacher to begin teaching at a future date conditioned upon
her obtaining such license prior to the beginning of the
school. WJien such license is obtained and the school com-
menced, the engagement ripens into a valid contract.-^-#ote
v. School Dist., 1 C. A. 40

Certificate obtained after commencement of school.
h. A teacher who, at the time of her employment, has a
first grade certificate in full force in another county, upon
which her county superintendent agrees to issue a certificate
of like grade, but does not do so until after the commence-
ment of her school, is entitled, at least, to compensation
from the date of such like grade certificate if she proceeds
with the school. — School Dist. v. Ross, 4 C. A. 493

Injunction not lie to prevent discharge of teacher.

i. Since school boards have power to summarily dismiss
teachers for cause, injunction will not lie to restrain them
from so doing, for, if wrongfully dismissed, the teacher's
remedy is an action for damages.— School Dist. v. Carson,
9 C. A. 6

Certificate not collaterally attacked except.

;'. In an action by a teacher for wages under a contract,
his certificate from a county superintendent cannot be col-
laterally attacked except for fraud. — School Dist. v. Stone,
14 C. A. 211

Ratification of contract.

fc. Where a school board enters into a contract with a
teacher, and for ten weeks accepts her services and pays her
wages, such action constitutes a ratification of the contract,
and the board is estopped from asserting its invalidity.—
School Dist. v. Stone, 14 C. A. 211

Contract not made at formal meeting.

I. Under the law authorizing a school board to employ
teachers it is not absolutely necessary that the contract be
made at a formal meeting. A contract agreed to by all
members of the board, and executed and signed by a ma-

379

§ 383 TEACHERS

jority of the board, is binding, although not done at a regu-
larly convened meeting. — School Dist. v. Stone, 14 C. A. 211

County superintendents sue in official capacity.
m. County superintendents have the right to sue in
their official capacity, and may maintain such actions as are
necessary to the fulfillment of the duties of their offices,
and to this end may bring an action to restrain a board of
directors from employing a teacher without a certificate. —
Catlin v. Christie, 15 C. A. 291

Certificates — modern languages — music — drawing.

1. Section 239 provides that, upon the demand of the
parents or guardians of twenty or more children of school
age, the board of such school district may procure efficient
Instructors in the German and Spanish languages, or either.
It also provides that, upon like demand, the board may pro-
cure like instructors to teach the branches required in the
public schools in German or Spanish, or either. Section 383
provides that a certificate shall not be required of persons
employed to teach music, drawing, or modern languages.
From these provisions we infer that no teacher's certificate
is required to teach music, drawing, or the German or
Spanish language only; but if the teacher is required to
teach the common school branches in either German or
Spanish, then a county teachers' certificate must first be
obtained. It would also logically follow that any person
employed to teach any language, other than English only,
should not be required to obtain a county teachers' certifi-
cate.

2. A person cannot be legally employed to teach in the
public schools for any length of time, however short, unless
such person has a certificate to teach, issued by the proper
authorities.

3. An unlicensed person cannot legally be employed as
substitute teacher in the public schools of this state.

4. It is held that a teacher may continue school until
notice is given of the failure to obtain a certificate.

5. It is illegal to employ a person to teach a public
school who has no certificate, as no legal contract can be
made between the school board and such a person; and the
fact that no salary is drawn would not make the transaction
legal.

6. In a district of the first class the school board would
have the power to employ a city superintendent, who holds
satisfactory evidence of adequate training for the work he
is to do, without requiring an examination; but in a second

380

TEACHERS § 383

class district the superintendent would be required to take
the examination if he instructs in any of the branches other
than music, drawing and modern languages.

Teachers' contracts generally.

7. Two members of the school board in districts of the
second and third classes can make a legal contract without
the consent of the third member; providing such contract is
made at a regular meeting, or at a special meeting legally
called, and of which all the directors had legal notice.

8. When a teacher begins work without having entered
into a definite verbal or written contract with the school
board which employs her, she has a right to leave the. school
at any time, and the school board has the right to discharge
her at the end of the first manth's work, and also to employ
another teacher.

9. A school board can hold a teacher to a contract for
the time therein agreed.

10. In case of two members of the board at a legally
held meeting of the board voting a certain sum as the
teacher's salary, written notice of such action being sent
to the teacher, the notice is binding upon the board and
equal to a contract.

11. If a school board makes a legal contract, either
verbal or in writing, with a teacher, providing for his re-
election and specifying the salary he is to receive, the board
could not at a later meeting change its action without cause.

12. An oral contract made between a teacher and a
school board is as binding as a written one if each party can
prove its terms of the contract.

13. Under a written contract with a school board to
teach a stated length of time, a teacher is entitled to com-
pensation for the full time.

14. The board of directors has exclusive jurisdiction in
the employing and discharging of teachers.

15. A contract between a teacher and his substitute
is not binding upon the board of directors.

16. If a teacher is not competent to conduct a school,
the school, board is not bound by the contract.

17. When a contract is reduced to writing, it is sup-
posed to express the intention of the parties, and when
such intention is clear, it cannot be changed by oral evi-
dence.

18. The directors of a district have no legal right to
make a contract with a teacher to pay wages in excess of
the revenues for the year.

38X

§383 TEACHERS

19. If a teacher receives from the secretary of a school
board, in pursuance of an order of the board, a letter
notifying him of the length of term and salary, such noti-
fication would stand in law as a contract should the teacher
accept.

20. A verbal promise given to a teacher by members
of a school board at other than a regularly called meeting
is not in any way binding upon the board; and the mem-
bers have a legal right to engage some other person when
a regular meeting of the board is held.

21. When a teacher enters into a contract with a
board of directors to teach a certain number of months it
is understood that customary vacations may intervene,
even though not specified in the contract; and the teacher
is not entitled to compensation for said vacations he being
required to teach the full number of months specified in
the contract, excluding such vacations; this however does
not include legal holidays coming within the school week
for which the teacher is entitled to pay unless otherwise
expressly stated in the contract.

No compensation without license.

22. It would be illegal for a school board to pay the
teacher, unless she was provided with a certificate issued
in the county, or with certificate recognized in some way
by the county superintendent.

23. Any elector of the district or the county superin-
tendent of the county, through legal process, may prevent
the board from paying out money as wages to a teacher
when she does not possess the necessary license.

24. It is a violation of the law to endorse county
teachers' certificates issued in this or any other state, if
the certificate be not in full force at the date of such
endorsement. Should the board employ a teacher without
a license to teach, all claim to compensation on the school
fund for the term will be forfeited.

25. It would be illegal for the school board to pay
the teachers unless they are provided with certificates
issued in the county or with certificates recognized in some
way by the county superintendent. Any elector of the dis-
trict or the county superintendent can, through legal pro-
cess, prevent the board from paying out money as wages
to teachers without the necessary certificates.

Salary.

26. The only way by which a teacher's salary can be
legally increased, during the term for which she is em-

382

TEACHERS § 383

ployed, would be at a regular or special meeting of the
school board.

27. A teacher's only recourse against a school board
that refuses to issue a warrant for salary is through the
courts.

28. A teacher is under no obligation to make up time
lost when school is closed for the purpose of repairing
buildings. If a teacher absents himself a day or more
from his work, he himself being responsible for the loss of
time, he must make good the loss of time or forfeit his pay.

29. A school board cannot compel a teacher to make
up time lost during the time a school was closed because
of the prevalence of a contagious disease; Provided, the
teacher holds himself in readiness to teach, subject to the
order of the board.

30. A teacher can draw her wages during the time
that a school is closed on account of an epidemic.

31. A teacher is not entitled to receive pay for the
time lost while attending a teacher's examination.

32. If the directors authorize the use of the school
house for election purposes, the teacher is entitled to pay
for time thereby lost.

33. If a teacher is ready to begin school at the time
specified in his engagement, and owing to neglect of duty
on the part of the school board, cannot do so, he is not
compelled to make up the time thus lost, but is entitled
to his salary from the time specified in such engagement.

34. If, with the consent of the directors a teacher
holds school on a legal holiday to make up for a day lost,
the teacher is entitled to pay for the full month.

35. There is no law authorizing a teacher to draw his
salary for two weeks spent in attending the normal insti-
tute.

36. The board of directors has no right to deduct
from a teacher's salary for legal holidays occurring during
the school term.

37. If the board of directors closes the term of school
before the expiration of the time contracted for, the teacher
being ready to fulfill his part of the contract, the board is
liable for the teacher's salary for the full term agreed upon.

38. A teacher may collect salary to the amount of
actual damage suffered by the failure of the board of di-
rectors to fulfill its part of the contract.

39. A teacher may collect salary for the number of
months specified in the contract entered into with the board
of directors of the school district where he teaches;
Provided, The directors have not contracted with the

383

§ 383 TEACHERS

teacher to pay wages in excess of the revenues for the
year.

40. Under a written contract with a school board to
teach a stated length of time, a teacher is entitled to com-
pensation for the full time, although the school should
lapse by reason of the residents leaving the district;
Provided, The teacher has fulfilled her part of the contract
and expresses her willingness to complete the requirements
of her agreement.

41. To be entitled to his salary for the day, the
teacher should remain in the school room after the hour
of opening, both forenoon and afternoon, a sufficient time
to determine that no pupils will be in attendance.

42. A teacher having agreed upon a stipulated salary
can receive the same only by warrants drawn by the dis-
trict secretary, and must take them for what they are
worth. It would not be proper for the board to make up
any discount therein by an additional warrant. The board
might however increase the salary at a regular meeting so
as to cover such deficiency.

43. When school district warrants are sold at a bank
or elsewhere and a discount is charged, the holder of the
warrant must bear the loss.

44. Where a county superintendent calls a county
institute or teachers' association, he has not the right to
rule that the district must pay the teacher the same, as if
she had taught school, although the school board has the
right to allow the teacher such time and pay her for
it upon the request of the county superintendent. The
authority in the matter rests with the district board.

45. The law makes no provision concerning a secre-
tary sending a teacher her warrant, but it would be ad-
visable for the members of the board to sign these war-
rants at their meeting and send the same to the teacher.

Employment.

46. Since the law gives the board the right to employ
and discharge teachers and to fix and order their wages,
the electors of the district could have no voice in the
matter, and while the patrons of the school would have a
right to circulate a petition requesting the board to en-
gage a certain teacher, the board would have the right to
ignore the petition if they desired to do so.

47. A school board has the absolute right to engage
the teacher, or teachers, for the school district. The fact
that a majority of the taxpayers sign a petition making a
protest against the selection made by the board cannot

384

TEACHERS §383

In any way affect the legal right or the action of the board
in the matter of the appointment of a teacher.

48. One member of a school board cannot legally em-
ploy a teacher except when ordered to do so by board or at
a regular or special meeting.

49. If a misunderstanding occurs as to the employ-
ment of a teacher and two of the board refuse to enter into
a contract with the teacher who was chosen by the other
member, the teacher could not legally claim her appoint-
ment.

50. In case a summer school is to begin in a district,
either before or on the day upon which the annual election
is held, it would be legal for a board to engage a teacher
for such a school.

Special subjects required.

51. The law makes the same requirements of the prin-
cipal or teachers of a county high school as of any school
of high grade. Therefore, a special certificate covering the
high school branches must be obtained by the applicant
who expects to teach in a county high school.

52. It is the duty of the teacher to teach whatever
branches may be specified by the school board, since that
body is given the right to establish a course of study for
the school of its district. If the teacher has failed to teach
the branches requested by the board, it would probably not
be sufficient reason for the board's refusing to sign the
warrant for her services as teacher for the time she has
been employed in the school, yet it is possible that it might
be held as sufficient grounds for the dismissal of said
teacher.

53. If a teacher has been employed to teach a certain
department of a school, the school board would not have
the right to close another department and require one
teacher to do the work of both departments, unless such
an arrangement had been made in the contract entered into
between the teacher and the board.

54. A teacher cannot be required to teach instru-
mental music in a school, as the branch is not one in-
cluded in the requirements of a common school course.

Dismissal.

55. A school board may dismiss a teacher for incom-
petency or immorality. A county superintendent may re-
voke a certificate of any kind at any time for immorality,
incompetency or any just cause.

56. The laws of this state make it impossible for a
school board to discharge a teacher without some cause

385
13

§ 383 TEACHERS

that would be considered in the court a sufficient
for breaking the 'contract between the teacher and the
school board. Incompetency, immorality, drunkenness, etc.,
are the reasons that have been held sufficient.

57. A teacher cannot be legally dismissed before the
expiration of the time for which she is engaged "without
good cause shown," und if so dismissed she can collect
full salary; Provided, She holds herself in readiness to
fulfill her part of the contract.

58. Two members of a school board have the right to
dismiss a teacher for cause, providing their action is taken
at a regular or special meeting of which all members of
the board have notice.

* 59. A teacher cannot be legally dismissed before the
expiration of the time for which he is engaged, without
good cause shown, unless there is a clause in the contract
making provision for such contingency.

60. The school board has in its power to dismiss a
teacher for incompetency or immorality. But "no teacher
shall be dismissed without good cause shown, and such
teacher shall be entitled to receive pay for services
rendered." In order to make good charges of immorality
specific acts must be declared and supported by affidavits
of witnesses. The possession of a proper certificate of
qualification is prima facie evidence of competency and
fitness. The law provides that a county superintendent
"may revoke .certificate of any grade at any time for im-
morality, incompetency or any other just, cause." If satis-
fied that the charges can be sustained by proof, the proper
course for the board is to bring the matter to the atten-
tion of the county superintendent, with a request that he
make use of the power granted him by the law.

61. A certificate to teach cannot be revoked by a
county superintendent without having good and sufficient
reasons for so doing. Alleged exorbitant wages namefl in a
contract between him and the directors of a district would
not be lawful reason for revoking a certificate, unless fraud
of some kind could be shown.

62. If a teacher employed in the schools is incompe-
tent to give instruction in any of the subjects provided in
the course of study for that district, the board of directors
would have cause for discharging such teacher.

Expiration of certificate.

63. A teacher cannot legally teach two months after
her certificate has expired. In case of the employment of
a teacher under such conditions, any elector could make

386

TEACHEUS

legal objection to her receiving payment from the school
funds, and a school board responsible for the payment of
her wages under such conditions would be liable for the
i amount of the wages.

64. It is not legal for a school board to engage a
| teacher who has no certificate, or whose certificate has ex-
piivd, permitting her to open a school, except under the pro-
visions of the law permitting a teacher to teach one month
[after the expiration of her certificate.

G5. Permission to teach one month after the expira-
tion of certificate is for the purpose of providing against
closing the school in case of the failure of the teacher to
obtain certificate at the last county examination.

Authority over pupils.

66. Respecting the jurisdiction of teachers over pupils
on their way to and from school, it has been recognized
that the authority over pupils is joint and equal with that
of the parent. However, authority over pupils when not
on the school premises should be confined to protecting and
promoting the welfare of the school. The teacher should
|seek the co-operation of the parent, if possible, in the gov-
ernment of a child to and from school, for the sake of
avoiding unnecessary friction.

Pupils — admittance to grade.

67. A school board has the right to make the regula-
tions concerning the admittance of pupils to a certain grade
of the school when the fall term commences, said pupils
having failed to pass the examination given in the spring,
and also to authorize the principal to make such rules and
regulations and to enforce them as if made by the board
as a body.

Janitor work not required of teacher.

68. A teacher is not required to do janitor work in
this state unless the contract into which he has entered
with the district board distinctly states that such be the
case.

Married women may teach.

69. While the law does not state that married women
living with their husbands shall be allowed to teach, there
is no law prohibiting any person eighteen years of age,
who can obtain a certificate, from teaching, save when a
member of the school board.

Relatives of directors may teach.

70. The laws of Colorado do not make it illegal for
members of school boards to vote for relatives of any
degree as teachers.

387

§ 384 TEACHERS

71. The fact that a parent is a director upon the
school board would not prevent a daughter who has a
legally issued certificate from being eligible to a position
as teacher in the district.

Husband and wife teacTi in same school.

72. The laws of Colorado do not in any way prohibit
a husband and wife from teaching in the same school.

384. Teachers to keep register — statistics —
blanks. It shall be the duty of the teacher of every
public school in this state to keep, in a neat and
businesslike manner, a daily register in such form
and upon blanks as shall be prepared by the super-
intendent of public instruction. At the close of each
term of school, not to exceed four months, the
teacher shall file the summary in such register, and,
in ungraded schools, file the register with the secre-
tary of the district, who shall preserve the same ; in
graded schools the register aforesaid shall be filed
with the principal or superintendent of the district,
in which case said principal or superintendent shall
make an abstract of the summaries of all such reg-
isters upon blanks prepared by the superintendent
of public instruction, and file the same with the sec-
retary, which shall also be preserved. The teacher,
principal or superintendent, as the case may be, who
is in charge of the last term of school in any school
year, shall file with the secretary a summary of the
statistics for the year, as shown by the summarized
reports of all the terms during the year. The prin-
cipal teacher of every public school, within one
week after the beginning of each term, shall noti-
fy the county superintendent of the date of such
beginning and the proposed length of the term.
Nothing in this section shall be construed to prohibit
any district board from requiring teachers, prin-

TEACHERS §384

Icipals and superintendents to keep any additional
registers and records of statistics which such board
may deem advisable. Until the registers, summaries

]and abstracts herein above described have been filed
as aforesaid, it shall be unlawful for the officers of
any district to draw a warrant for the last month's

[salary of any teacher, principal or superintendent
whose duty it is to make and file such register, sum-
mary or abstract. All blanks required in the execu-
tion of this section shall be supplied by the super-
intendent of public instruction to county super-
intendents, and by them to district secretaries.
— R. S. 5995

Forfeiture of salary upon failure to make report.

1. Teachers should submit records of statistics or
summaries as required, and unless they are duly filed, they
cannot draw the last month's salary.

2. No part of the last month's salary of a teacher
should be paid until the reports required by law are made
and filed according to specifications.

3. In a district where there are two schools, the dis-
trict teachers should send in separate reports to the county
superintendent and secretary.

4. It is the duty of every teacher to keep a daily
register and at the close of each term of school, not to
exceed four months, fill the summary in such register, and,
in ungraded schools file the register with the secretary of
the district, who shall preserve the same.

Jurisdiction of teacher.

5. A teacher has power to temporarily suspend a
pupil, at least long enough to notify the board of the
causes, and ask that such pupil be suspended, and the
board would be justified in acting on such recommendation
although the teacher would have no power himself to make
such suspension.

6. In the absence of any rules and regulations pre-
scribed for the government of the schools by the board of
directors, it is within the power of the teacher to make
such reasonable rules and regulations, and to enforce them,
in the same manner, subject always to the supervision of
the board of directors.

389

§ 384 TEACHERS

7. A teacher has a right to compel the pupils in the
respective grades to take all the studies prescribed for that
grade, unless rules of the school board are in existence
which would excuse a pupil for valid reasons.

8. It is the teacher's right to establish any regulations
for the discipline of the school that are not in conflict
with the already established rules of the school board.

9. When a pupil leaves school, taking his books with
him, it being understood that he has permanently left the
school, his name should be immediately dropped, instead
of being counted as a member for three days after his
departure.

10. The teacher of a public school has control to a
reasonable extent of a child during school hours and while
on the school grounds. A child would not have the right
to leave the school grounds after he has reached the school
in the morning or to leave the grounds at noon if he did
not go to his home at noon, but remained in the school
house.

11. Respecting the jurisdiction of teachers over pupils
on their way to and from school, it may be stated that the
legal decisions in the majority of states recognize the
authority of the teacher as concurrent — that is, joint and
equal — with that of the parents. In some states, decisions
have been made which give the school authorities some
control over pupils and their conduct after they have
reached home from school. However, authority over pupils
when not on the school premises should be confined to
protecting and promoting the welfare of the school. Such
acts only as directly affect harmfully the discipline and
teaching of the school should be taken cognizance of. For
example, truancy, wilful tardiness, quarreling with other
children, the use of indecent and profane language, etc.
The teacher should seek the co-operation of the parent, if
possible, in such matters, for the sake of avoiding unneces-
sary friction.

Duties.

12. It is the duty of the teacher to teach high school
studies when such studies are prescribed by the board of
directors as a part of the course of study at the time of
entering into the contract.

13. The teacher has a right to her hour's intermission
at noon, providing she teaches the requisite six hours
through the day. She is required to teach school from 9
a. m. until 4 p. m., unless the board gives her permission
to finish at an earlier hour.

390

TEACHERS §385

Special teacher.

14. The law makes no provision whereby the board of
directors of a district can appropriate school money to pay
a special teacher for the pupils of said district who are
unable to attend the regular school.

Directors' power over teacher and pupils.

15. Under the constitution and laws of this state the
board of directors of any district have power to establish
reasonable rules and regulations for the government of the
schools under their charge, for controlling the conduct of
teachers and pupils, not only while in the school room, but
while going to and from the school, and such reasonable
rules and regulations may be enforced by suspension, ex-
pulsion or corporal punishment, as the board of directors
may determine.

Dismissal.

16. In order to make good charges of immorality or in-
competency, specific acts must be declared and supported

affidavits or witnesses. If satisfied that the charges can
sustained by proof, the proper course for the board is
to bring the matter to the attention of the county super-
ntendent, with the request that he use the power granted
him by law.

Physician's certificate not required.

17. There is no law requiring a teacher to have a
physician's certificate of good health. This matter is gov-
arned by the board of directors.

Unaccepted papers from another county.

18. Neither the state superintendent of public instruc-
tion nor the state board of education have the power to
compel a county superintendent to recognize examination
papers prepared under the supervision of the county super-
ntendent of another county, as this is a mere matter of
iomity and is not sanctioned by law.

TEACHERS' RETIREMENT FUND

385. Teachers' retirement fund under control of
directors. In every school district of the first class
there may be created a school teachers' retirement
fund, which shall be controlled by the board of
school directors of the school district, concerned.
—8. L. '09, p. 512

391

§§ 386-387 TEACHERS

386. Payable to whom. The board of directors
in any such district is hereby authorized to estab-
lish a public school teachers' retirement fund, and
shall be authorized to pay out of such fund a sum
not to exceed forty dollars per month to any
man teacher sixty years of age or any woman
teacher fifty-five years of age, who has been in active
service as a teacher for a period of twenty-five
years, of which not less than fifteen years shall have;
been within said school district.

The board of school directors of any such dis-.
trict may also, subject to the above limitations,
make provisions for such teachers as may become
permanently incapacitated from teaching, while in
the service of the district ; Provided, however, That
the said beneficiary shall have served in the school
district for a period of not less than ten years.

Any teacher of such school district coming under
the provisions of this act who may, by making ap-
plication, or by action of the board of school direct-
ors, be entitled to receive the benefit from the pub-
lic school teachers' retirement fund as provided for
in this act shall not be entitled to receive benefit
while drawing a salary as a teacher in active service.

—8. L. '09, p. 512

387. Mode of securing fund. The moneys for
the use of the public school teachers' retirement fund
shall be secured by a special levy upon the said
school district, such special levy, however, not to
exceed one-tenth of one mill, and from any gifts
or bequests which may be made to said fund.
— S. L. '09, p. 513

392

APPENDIX

FORMS

FOR THE USE OF SCHOOL OFFICERS AND TEACHERS

No. 1. Oath of School Officers.
(See §§83, 93 and 111.)

STATE OF COLORADO,
COUNTY OF

, do solemnly swear (or affirm) that I

will faithfully perform the duties of of school

district No , in the county of .to the

best of my ability; that I will carefully keep and preserve
all records, books and other property of the said district that
may come into my hands, and deliver the same to my lawful
successor in office; and that I will support the constitution
of the United States and of the state of Colorado, so help me

God.

[SEAL]

Subscribed and sworn to before me this day

of , 19 .

Note. The foregoing .oath should be taken before a county
superintendent, notary public, justice of the peace, or some
officer duly authorized by law to administer oaths. The county
superintendent's oath should be filed with the county clerk
within thirty days after his election, and the oath of district
officers should be filed with the county superintendent within
thirty days after their election.

No. 2. Oath of Judges of Election.

do solemnly swear (or affirm) that I

will perform the duties of judge of election according to law
-and to the best of my ability; that I will studiously endeavor
to prevent fraud, deceit and abuse in conducting same; that
I will not try to ascertain how any electors shall vote, and if
in the discharge of my duties such knowledge comes to me,
I will not disclose the same unless required to do so in some
court of justice, so help nre God.

Subscribed and sworn to before me this day

of -, A. D. _

Judge.

395

APPENDIX— FORMS

No. 3. Oath of Witness on Appeal to County Superintendent.
You do solemnly swear (or affirm) that in the matter of

the appeal of from the decision or order

of the board of directors of school district No of

county, Colorado, now being heard by

the county superintendent of schools of said county, you will
tell the truth, the whole truth, and nothing but the truth, so
help you God.

Note. Section 10 provides that this oath may be adminis-
tered by county superintendent if necessary.

No. 4. Oath of Witness on Appeal Before State Board of
Education.

You do solemnly swear (or affirm) that in the matter of

the appeal of from the decision of the

county superintendent of schools of county,

Colorado, now being heard before the state bo-ard of educa-
tion of said state, you will tell the truth, the whole truth,
and nothing but the truth, so help you God.

Note. Section 9 provides the state board of education shall
have power to administer oaths through its president.

396

APPENDIX— FORMS

No. 5. County Superintendent's Bond.
(See §83.)

KNOW ALL MEN BY THESE PRESENTS, That W6,

and , of the county erf

and state of Colorado, are held and firmly bound unto the
people of the state of Colorado, in the full and just sum of

dollars, lawful- money of the United States, to

which payment, well and truly to be made, we bind ourselves
jointly and severally, our joint and several heirs, executors
and administrators, firmly by these presents.

Ix WITNESS WHEREOF, We have hereunto set our hands
and seal this day of , A. D. 19

The condition of the foregoing obligation is such, That,

whereas, the above bounden was,

on the day of , A. D. 19 , duly

elected (or appointed, if that be the case) county superin-
tendent of schools oi the county aforesaid, for the term of
two years;

Now, THEREFORE, if the said

shall faithfully perform all the duties of said office, accord-
ing to the laws which now are, or may hereafter be in force,
and shall render a just and true account of all money or
other property which may come into his hands or under his
control as superintendent of the schools of said county, and
shall deliver over to his successor in office all moneys, books,
papers and property in his hands as such county superin-
tendent, then this obligation shall be void; otherwise it shall
remain in full force.

r [SEAL]

[SEAL]

[SEAL]

Signed, sealed and delivered in the presence of

Note. The penal sum named in the bond is to be fixed by
the board of county commissioners, but in no case shall the sum
be less than $2,000.

397

APPENDIX— FORMS

No. 6. Petition of Parents and Guardians Who Desire to Form a

New District from Parts of One or More Old Ones.

(See §131.)

To ,

County Superintendent of Schools of County,

Colorado.
We, the undersigned, residents of district (or districts)

No. , respectfully represent that we desire to form a

new district, with boundaries as follows, viz.: [Here de-
scribe the proposed bounds, following government lines as
far as practicable.] We further declare that, collectively,
we are the parents or guardians of at least ten children f
school age, and we hereby certify that the list of names of
persons of school age which is attached to and made a part
of this petition, is a correct list of all such persons residing
in the proposed district.

NAME.

NAME.

NAMES OF PERSONS OF SCHOOL AC.E.

Note. Give postoffice address of signers. The list of children
should be carefully filled up by some person interested in the
change before the paper is circulated for signatures.

398

APPENDIX— FORMS

No. 7. Order Directing a Petitioner to Give Notice of Meeting to

Form New District.

(See §131.)

OFFICE OF

COUNTY SUPERINTENDENT OF SCHOOLS,
COUNTY COLORADO.

To

You are hereby notified that I have received a petition
signed by yourself and others, informing me that you desire
to form a new school district of the territory described as
follows, to-wit: [Description as above.] In order that the
wishes of the residents of said proposed district may be
ascertained, you will please notify, by personal service as far
as convenient, each elector residing therein, and also post
notices in three public places (one of which shall be the
place of meeting) that such a petition has been made, and
that a meeting will be held, naming the time and place of
such meeting, to determine whether such district shall be
formed. You will, also, please notify me by mail of the time
and place of such meeting.

Respectfully yours,

County Superintendent.

Note. In the formation of a new district, every step should
be strictly in accordance with the law, and the notices posted
should contain a- clear description of the proposed district.

399

APPENDIX— FORMS

No. 8. Notice for a Meeting to Organize a New District.

SCHOOL DISTRICT MEETING.
TO ALL WHOM IT MAY CONCERN:

WHEREAS, It is proposed to organize a new scho-ol dis-
trict in that part of County described as

follows, to-wit: [Description.] Notice is hereby given, as
per direction of the county superintendent of public schools
of said county, that a meeting of the electors residing within

the boundaries aforesaid will be held at on

the . day of , A. D. 19 , at

o'clock m., when a vote will be taken by

ballot on the question whether or not the proposed district >
shall be organized. If the vote shall be in the affirmative, a
board of directors will then be elected.

By order of .. County Superin-
tendent of Schools.

Dated , 19 .

Note. After the organization, a copy of the notice and of the
proceedings of the meeting should be sent to the county superin-
tendent.

The ballot box should be kept open long enough to give every
elector an opportunity to vote — never less than three hours.

If the proceedings were in accordance with the law, the
county superintendent should number and record the district,
arid notify the secretary of his action.

400

APPENDIX— FORMS

No. 9. Recording Proceedings of a Meeting Held for the Purpose

of Organizing a New School District.

(See §§131 and 132.)

, 19

On the day of , 19 , a

petition, of which the following is a true copy, was made to

, county superintendent of public school

of County, to-wit: (Here copy the petition.)

Whereupon the said county superintendent issued an order,
of which the following is a copy, to-wit: (Here insert copy
of the order.) In obedience to which order the following
notice was posted, as required by section 131 of the school
law, to-wit: (Here insert a copy of the notice.)

In pursuance of the above notice, the electors of the pro-
posed new school district assembled at at

o'clock m. The meeting was called to order by _

, and, on motion, was

elected chairman, and secretary.

On motion, . was elected to act with

the chairman and secretary as judges of election. On motion

of , the electors began ta vote by

ballot upon the question of forming a new school district.
The ballot box remained open for the reception of votes from

o'clock . m., until o'clock m. Upon

counting the ballots it was found that ballots

were cast, of which were in favor of the organi-
zation and against.

On motion of , the meeting

proceeded to elect, by ballot, a board of directors. The fol-
lowing are the names of the persons voting: (Here record
the names of persons voting.) The ballot resulted in the

election of , president; .

, secretary, and , treas-
urer, etc., etc.

On motion of the meeting

adjourned sine die.

Attest: . Chairman.

Secretary.

Note. A copy of the proceedings should be sent to the county
superintendent, together with the certificate of some elector, that
the notice of the meeting was posted in three public places, as
required by law. The person who posted the notice should sign
the certificate of posting.

If the district is formed from unorganized territory, the sec-
retary must send with this report a certified list of the names of
persons of school age residing in the district.

A permanent record of the proceedings should be made in the
secretary's books.

401

APPENDIX— FORMS

No. 10. Bond to Be Given by the Secretary or Treasurer of Each
School District.

(See §111.)

STATE OF COLORADO, »
COUNTY OP j

KNOW ALL MEN BY THESE PRESENTS, That W6, —

, principal, and , and

: , sureties, are held and firmly

bound unto School District No. , in the County of

, state of Colorado, in the full sum of

dollars, lawful money of the United States,

to which payment, well and truly to be made, we bind our-
selves jointly and severally, our joint and several heirs,
executors and administrators, firmly by these presents.

IN WITNESS WHEREOF, We have hereunto set our hands

and seals this day of , A. D.

19

THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH,

That, whereas, the above bounden

was, on the day of , A. D. 19 ,

duly elected (or appointed) Secretary (or Treasurer) of

School District No. , in the county of •- ,

and state of Colorado, for the term of !_

Now, THEREFORE, If the said and

shall faithfully discharge all the duties of said office, accord-
ing to the laws which now are, or which may hereafter be
in force, and shall faithfully apply all moneys which may
come into his hands by virtue of said office, and shall deliver
over to his successor- in office all moneys, books, papers and
property in his hands as said officer, within ten days after
the same shall have been demanded by such successor, then
this obligation shall be void; otherwise it shall remain in
full force.

__ [SEAL]

_ [SEAL]

[SEAL]
Signed, sealed and delivered in presence of

Note. The penal sum named in the above bond should be at
least twice the amount likely to be in the hands of the officer at
any one time during the term of office, and the bond must be
filed with the county superintendent.

402

A I TENDIX— FORMS

No. 11. Request to Be Made by Ten Legal Voters of a District to

the Board of Directors, for the Calling of a Special Meeting.

(See §113.)

To the Board of Directors of School District No. , in

County, Colorado:

The undersigned, legal voters of school district No.

, in County, Colorado, request you

to call a special meeting of said district for the purpose
of

Dated this _ day of , A. D.

NAME.

NAME.

No. 12. Notice of Special Election.
(See§§ 144 and 148.)

Notice — A special meeting of the legal voters of School

District No. , in the county of , called

on the written request of ten legal voters (or called by the
district board, as the case may be), will be held at (the

district school house or other place) on the day of

, 19 , at o'clock (p. m.), for

the purpose of (here specify every item of business that is to
be brought before the meeting).

Secretary-
Posted , 19

Note. This notice should be posted at least twenty days pre-
vious to the meeting, in three separate public places within the
district, and additionally at each school house.

Business not specified in this notice can never be lawfully
transacted at such special meeting.

If such special meeting is for election of school officers, the
polls should be kept open not less than three hours, and the time
of opening and closing should be mentioned.

403

APPENDIX— FORMS

No. 13. Notice of Annual Election Second and Third Class
Districts.

NOTICE is HEREBY GIVEN, That the annual meeting of the

legal voters of school district Nor. , in the county

of , will be held (at the school house or other

place; or, if more than one voting place, specify each place

and boundaries of such precincts), cm Monday, the

day of May, 19 , for the purpose of electing (one or more)

directors, as provided by law.

The ballot box will be opened at the hour of

m., and close at the hour of m., and at m.

the meeting will be organized for the transaction of any
other business pertaining to school interests that may be
brought before it.

Secretary of School District No. .

County of

Pasted April , 19

Note. The secretary of the district should give at least six
days' previous notice of the regular meetings of the district (see
section 142), and should post the notices in the same manner as
for special meetings, and the ballot box must be' kept open not
less than three hours.

No. 14. Notice of Biennial Election (First Class Districts).

Notice is hereby given, that the biennial election of the

legal voters of school district No. , in the county

of , state of Colorado, will be held (men-
tion different polling places and define boundaries of each

voting precinct) on Monday, the day of May, 191 ,

for the purpose of electing members of the

board of education as provided by law.

The ballot boxes will be opened at 7 o'clock a. m. and
close at 7 p. m. of said day.

Dated April , 191

Secretary of the Board of Education

of School District No.

County of

Note. This notice shall be posted in at least three public
places, and, additionally, published weekly for the four weeks
next preceding such election in some newspaper published in the
district; and, in districts having a school population of over three
thousand, shall be posted and published for a period of eight
weeks next preceding such election.

404

APPENDIX— FORMS

No. 15. Recording Proceedings of a Regular or Special Meeting
of the District.

The regular (or special, as the case may be) meeting of
school district No. , in county, Colo-
rado, convened at , at o'clock (p. m.),

pursuant to previous notice given by the district secretary.

The meeting was called to order by the president.

The secretary being absent, on motion of Mr. — ,

was elected secretary pro tern.

Mr. moved that a tax of two mills on. the

dollar be voted for the purpose of building a school house
for the district.

Mr. moved to amend by striking out "two"

and inserting "five," which was agreed to, and the motion as
amended was decided in the affirmative.

Mr. moved that a tax of one mill on the

dollar be levied for the purpose of defraying the contingent
expenses of the district.

Motion carried.

On motion of Mr. the meeting adjourned

sine die.

President.

Attest: ,

Secretary.

Note. Forms 9 and 15 are given with a view of assisting the
inexperienced. Persons familiar with such duties may vary the
form, provided that the proceedings are accurately recorded.

Much depends on the recofd of the proceedings of the district
meeting, hence it should be correctly made and carefully pre-
served.

Under the law, the voting of a tax for any purpose must be,
in each year, "On or before the day designated by law for the
county commissioners to levy the requisite taxes for the then
ensuing year," and school boards certify the same to the county
commissioners.

405

APPENDIX— FORMS

No. 16. County Superintendent's Notice of Apportionment to the
District Secretary.

OFFICE OF

COUNTY SUPERINTENDENT OF SCHOOLS,
COUNTY, COLORADO,

To ,

Secretary of Schaol District No. _ ,

In County:

You are hereby notified that I have this day apportioned
to your district the sum of dollars, of the gen-
eral school fund, which amount has been placed to the credit
of your district on the books of the county treasurer.

County Superintendent.

Note. This notice should be sent immediately after each
apportionment.

406

ATI 'ENDIX— FORMS

No. 17. Teacher's Contract.

At a regularly called meeting of the Board of Directors

of School District No. , in County,

Colorado, held this day of L, 191 ,

you were employed to teach in the public school of said dis-
trict for the period beginning Monday, 191 ,

and ending , 191 , at a salary of

dollars per school month, payable monthly in school war-
rants as provided by law.

The conditions of your employment are that you will
faithfully observe the rules and regulations adopted by the
board for the government of said school ; that you will exer-
cise reasonable diligence in looking after the preservation of
school buildings, grounds, furniture, books, and all other
school property under your jurisdiction; that you will make
promptly and correctly all reports of the school required by
the county superintendent; that you will keep a correct
register of the school, and file the same with the president or
secretary of this board or the principal of the school at the
close of -the school year as required by law; and that you

will hold a legal certificate of the : grade, issued

or endorsed by the county superintendent of the county.

President.

Attest:

Secretary.

I hereby accept the above employment upon the condi-
tions stated.

Teacher.

407

INDEX

Index

Note — Numbers at riyJit refer to sections of the law, enabling
act and constitution; numbers at left refer to decisions of the
state superintendent; letters to court decisions, except the letter
"n" which refers to notes, each appearing under the section of
law as numbered at the right; and the Roman numerals refer to
<iriiflrs of tlic constitution onUi.

A

Accounts — Section

of district funds, county treasurer render statement 101

of each district kept separate by county treasurer 103

of district expenses by secretary 116

of warrants issued by district kept by district treasurer.. 121

of permanent school emergency fund 167

of fines, penalties and forfeitures 177

Adjournment —

school board, meetings of 112

of district meetings 148

Admission —

to county high school 200

to union high school 212

to kindergarten 233

to public schools 240

to agricultural college 256

to deaf and blind 277

to industrial school for boys 290

to industrial school for girls '. 314

to state normal school 328-329

to school of mines 341

to dependent and neglected home '. 345

to state home for mental defectives - 3bl

to truant school 354

to state university 364

Adults-
admitted to public school, when 240

Affidavit—

on appeal to county superintendent — when filed — contents. 6-7

in case of appeals 6-7-8

of secretary to census list 97

411

INDEX

Alcoholic drinks and narcotics — Section

nature ancl effect of, taught in public schools 1

state board of health recommend standard works n 1

saloon certain distance from school a 1

require study of hygiene and physiology in schools 1 1

statute prohibiting sale to minors 2 1

distance saloon from school building. . . „ 3 1

study of, enforced by school officers— penalty 2

effects of, taught in public schools 239

Animals —

humane treatment of, taught in public schools 239

/annexation —

of territory to district , 133

Annual meeting —

for election of members of school board 142

of state board of education 244

Annual report —

of county superintendent to state superintendent 91

of county treasurer 101

of district secretary to county superintendent 116

of district treasurer 121

of school board to county superintendent 124

of teacher 384

Appeal —

from district board to county superintendent 5

courts no right to interfere a 5

final decision can be inquired into b 5

affidavit 6

contents of affidavit 7

superintendent notify secretary — transcript 8

notice to parties 9

hearing appeal — oaths 10

by applicant for certificate to state board 11

from county superintendent to state board — procedure 11

taken within thirty days — transcript 11

president of board may administer oath on 11

decision of board final on 11

teacher discharged need not appeal a 11

mandamus not control discretion b 11

courts can inquire into final decision c 11

state board cannot change boundaries d 11

electors fix boundaries new district e 11

court can review decision state board f 11

when, how and by whom taken 1-2 11

from grading examination papers 3-5 11

412

INDEX

Appeal — Continued Section

may continue school during pendency of appeal 6 11

state board may order certificate issued 7 11

from change of boundary 8-9 11

no judgment for money 12

Appointments —

of county superintendent in case of vacancy 85

of district director by county superintendent 89-95

by board in first class districts .* 123

of judges and clerks of election in first class districts 142

of members of high school committee 208

Apportionment — ,

of general fund — when no report and census list filed'. 120

of state normal institute fund 176

Apportionment of school funds —

published 94

by county superintendent 98

in July — basis 99

basis of all apportionments 99

according to census 100

when district fails to report census 120

first, after the organization of new district 140

of money from unpaid special taxes due district after di-
vision 140

district not having three months not entitled to 241

to state normal school 326

by superintendent public instruction 377

Arbor day —

see also Holidays 222

Assistant librarian —

appointment, duty, salary 378

Attendance —

at night school allows employment 57

at night school equivalent to half time 73

of pupils — stated in report of board v 116

Attorney general —

member state board of education IX 1

approve use of emergency fund 168

member state board of education 243

B
Ballot—

at meeting to issue bonds — form 17

for refunding bonds — form of 38

election of school directors by 142

413

INDEX

Bible— Section

no sectarian tenets taught in school IX 8

directors determine use of, in school 1-2 8

no religious instruction in public .schools 355

directors determine use of, in school 355

Biennial report —

of superintendent of public instruction. TV 17

of superintendent of public instruction 376

Blind-
adult blind 280-283

school for deaf and 271-279

Blank books —

see Books.

superintendent of public instruction print and furnish
teachers and others 375

Blank forms —
see Forms.

Blanks —

for reports supplied by superintendent public instruction. .384

Board of county commissioners —
see County commissioners.

Board of directors —
see Directors.

Board of education —

see State board of education.

Bond —

of county superintendent — amount — approval — filing 83

of secretary of school board— conditions — approval — filing.. 115
of state superintendent — amount — approval — where de-
posited 373

Bonds —

question of, submitted to voters 13

meeting for voting — school building 13

meeting f«r voting — purchasing ground 13

meeting for voting — funding debt. ., 13

only tax payers vote 13

lien law not applicable to school buildings a 13

no provision for petition 1 13

qualifications for voting 2-9 13

certificate of indebtedness 10-11 13

funding floating debts 12 13

in consolidated districts 13 13

in joint districts 14 13

amount bonded indebtedness first determined 14

414

INDEX

Bonds — Continued Section

limitation of bonded indebtedness 14

maximum amount isswd 1 14

cannot create debt except 2-3 14

certificate of indebtedness 4 14

notice of election posted 15

ballot boxes open three hours 15

ballot box for bonds open at regular election 1 15

number voting places first class district K.

directors act as judges 16

judges absent, vacancy filled lf>

form of ballot 17

challenges by electors 18

oath when challenged IS

returns certified and canvassed -in

coupon bonds issued 20

bonds payable to bearer — how signed. 21

county commissioners assess tax to pay 22

government land not taxable :i 22

surplus specin 1 fund pay past indebtedness 1 22

board keep record ~. . 23

auditor register bonds 23

district in city with special charter 24

no person vote unless registered, when 24

no new registration required except 25

registration for last general election 25

registration books furnished by county clerk 2f>

registration committees set, when 26

electors not registered, how registered 26

electors removing from precinct, how registered 27

registration, how changed 27

registration books kept where 28

county clerk not furnish copy 28

petition for purging list 29

procedure for purging list 2!»

surplus fund applied on bonded indebtedness 1 30

redemption of bonds — premium 31

treasurer not pay more than 5 per cent premium 31

U. S. and state bonds purchased by treasurer 32

interest coupons collected by district treasurer 32

change of boundaries not release property 33

annexed property becomes subject to bonds 33

government land not taxable a 33

lands not subject to 'tax 1 33

lands subject to tax 2-3 33

county treasurers' fees for collection of tax 34

115

INDEX

Bonds — Continued Section

refunding bonds when issued 35

refunding bonds — interest redemption 35

refunding bonds not exceed 8 per cent 35

what laws apply to issue and payment — except 36

county commissioners levy tax 37

county treasurer collect tax 37

submission for refunding bonds 38

form of ballot for refunding 38

County high school bonds —

notice of election given upon petition 39

notice not less than 20 days 39

person offering to vote may be challenged 39

when challenged must take oath 39

form of ballot 39

bear not to exceed 6 per cent 39

redeemable not less than 10 years 39

payable not less than 20 nor more than 40 years 39

may be payable where 39

how signed 39

registered by county clerk 40

what stated on face 40

commissioners levy tax 41

principal and interest, how paid 41

surplus, how used 41

treasurer advertise for bonds 41

redeemed and cancelled 41

redeemed — go in open market 42

change in boundary not release property 43

property annexed subject to bonds 43

compensation of county treasurer 44

special meetings — purpose — notice 45

what high school subject to act 46

no district obliged to maintain two high schools 46

Books —

see Blank books.

used in school — stated in report of board 116

of secretary open for inspection 119

Boundaries —

lines of district changed — not effect bonds 33

of school district — county superintendent make record 96

of new district organized from old 131

Branches —

taught stated in report of board 116

common, may be taught in German and Spanish when 239

416

INDEX

Buildings — Section

school buildings exempt from taxation X 5

school buildings and lots exempt from taxation a X 5

distance saloon from 3 1

bonds for erecting and furnishing school 13

lien law not applicable to a 13

creating debt to erect or furnish 143

general fund not used for 164

for district high school — directors build or lease, when 220

By-laws —

directors make 1 2:i

C

Cancellation —

of district bonds 2'2

Candidate —

for school director in first and second class districts 143

Census —

see School census.

Census list —

county superintendent examine, correct 97

basis of apportionment for school fund 99, 100

Certificate—

of secretary to the record on appeal 81

of indebtedness 10-11 13

of attendance of child at school 56

Certificates —

state board grant to applicant upon appeal, when 11

revocation of 47

grades of — renewal — record 47

issuance of like grade 47

how issued in first class districts 47

first class districts waive 47

revoking certificate after discharging a 47

teacher discharged only upon hearing b 47

teacher employed without license, how c 47

- certificate not collaterally attacked except d 47

first grade certificate — renewal 1-6 47

experience necessary for first grade 7-10 47

duplicates 11-13 47

like grade 14-22 47

renewal optional with county superintendent 23-24 47

second grade .. . . : 25-27 47

third grade 28-30 47

first class districts — examinations 31-38 47

endorsement of 39-41 47

417
H

Certificates — Continued Section

revocation of 42-44 47

expired certificates 45 47

college diploma not license to teach 46-48 47

permits not granted 49 47

appeals from county superintendent 50-53 47

authority of state superintendent 54-57 47

referred certificate law 47a

temporary 149

granted by county superintendent, when 149

applicant for teacher's — pay fee 174

state normal school diploma is — to teach 332

expiration of, during term ' ... .383

necessary to teach — expiration of 383

not required, when 383

renewal of — new 383

Challenge —

to fight duel— disqualify from office XII 12

at bond elections 18

of vote at school election — oath 143

Children-
compulsory education IX 11

prohibiting sale intoxicating liquors to 2 1

unlawful to sell cigarettes to 3

penalty for selling tobacco to 4

Child labor law —

not emplos'-ed under 14, when 48

not employed under 14 in certain business 48

not employed under 14 during school hours 48

certain employment considered injurious 48

children employed in fruit orchard, etc 48

exhibit of child under 16 — exceptions 49

employment underground works under 16 50

no female child under 10 sell newspapers or merchandise.. 50.

employer keep register 51

school certificate required 51

list of employed posted in work room 52

age and school certificate 53

age and school certificate, how approved 54

proof of age 55

employment ticket 56

form of school certificates 56

form of age certificates 56

illiteracy . . -. 56

evening school 56

schooling required 57

418

INDEX

Children — Continued Section

C'hild labor law — Continued

duties of state inspectors of factories 58

hours of labor 59

prima facie evidence of employment 60

enforcement of act 61

child excepted, how -. 62

application filed with superintendent 62

hearing within 48 hours 62

application refused — reasons furnished 62

appeal to county or juvenile court 62

no fee charged for application or appeal *.. 62

permit issued on bond 62

permit subject to inspection by humane society 62

permits revoked, how 62

penalties for violation of act 63

penalties second violation 64

Delinquent children —

definition of delinquency 65

application of act 65

evidence not used in other cases 65

penalty for violation 66

delinquent girls under 18 67

rhi/sical examination —

state superintendent prepare test cards 68

teacher or principal test sight, etc 68

teacher report defectiveness 69

notify parents of defectiveness 69

parent without funds obtain county physician 69

auditor draw warrant for expenses 70

expense not exceed $1,000 biennial period 70

school board provide books for indigent 124

of county attend union high school 207

age of 6 attend kindergarten 233

Church —

appropriation to, from school fund prohibited IX 7

school fund not used for sectarian doctrines 1 IX 7

property exempt from taxation 1 X 5

Cigarettes —

unlawful to give or sell to persons under 16 3

Citizen-
qualification of ... VII 1

wife of naturalized alien is 1 VII 1

Classes —

of school districts 110

419

INDEX

Classification — Section

of counties fixing compensation of county superintendents 87

Clerks—

of election appointed in first class districts 143

Committee —

county superintendent ex-ofncio secretary 195

of county high school 196

term of office 196

of union high school 207

term of members 208

vacancies, how filled 208

meetings of 209

powers of .- 210

elections of 213

of union high school fourth and fifth class county 218

Common schools —

see Public schools — defined 238

Compensation —

of county treasurer for collecting special taxes 34

of truant officer 75

of county superintendent 87

of deputy county superintendent 89

of teacher, stated in report of board 116

of secretary school board fix 124

none to members of board, except secretary 124

of deputy counts' superintendent for holding examinations. 149

of secretary of high school committee 208

teacher not dismissed without receiving 383

withheld until register is filed by teacher 384

Compulsory education —

provisions concerning 11

children sent to school — exception — appeal IX 71

law not prohibit pupil from expulsion 1 71

parents cannot avoid law 2 71

law not met by teaching German 3 71

instruction at home 4 71

instruction in private schools 5 71

not apply to deaf and dumb 6 71

children under 14 not employed 72

penalty for employing 72

between 14 and 16 must read and write 73

duty of employer 73

truant defined 74

juvenile disorderly person — defined 74

school directors enforce law 1 74

420

INDEX

Compulsory education — Continued Section

truant officer — powers — duties .............................. 75

truancy officer third class districts ........................ 76

truant officer — duties ................................... .... 77

conviction of parent — penalty bond defense ................ 77

truant officers .......................................... 1 77

juvenile disorderly person — commitment ................... 78

child unable to attend school ............................... 79

violation of act — penalty ................................... 80

second conviction — trial by jury — penalty .................. 81

act not apply to districts without accommodations ......... 82

Consolidated districts —

consolidation denned ....................................... 136

boards may submit question ............................... 137

call meeting to organize .................................... 138

purchase site — transfer children ............................ 139

Constitution —

i:.n rii tire department .................................. IV

term of office — residence — duties — seat of govern-

ment ............................................. IV 1

state officers — election .............................. IV 3

eligibility — age — residence ......................... IV 4

vacancy — governor appoint ......................... IV 6

governor may demand information from officers. . . . IV 8

officers keep account of moneys — semi-annual re-

ports ............................................. IV 16

officers executive department — biennial report —

governor transmit ................................. IV 17

officers receive salary — fees paid into treasury ...... IV 19

superintendent of public instruction, ex-officio li-

brarian ----- ....................................... IV 20

special legislation ................................... V 25

local or special laws prohibited ..................... a V 25

ami election .................................. VII

citizenship ......................................... VI I 1

residence in city, town, ward and precinct ........ n VII 1

wife of alien when naturalized ................... 1-2 VII 1

absence in civil or military service ................. VII 4

privilege of voters from arrest ..................... VII 5

electors only eligible to office ....................... VII 6

qualification of ................................... 1-5 VII 6

prisoners disqualified — restoration — panlon or full

service ........................................... VII In

421

INDEX

Constitution— Continued Section

State institutions VIII

charitable institutions established VIII 1

state institutions — properties and moneys — location. VIII 5

location changed when a VIII 5

classifications of appropriations b VIII 5

internal improvement includes what c VIII 5

Education . IX

board of education — members — president IX 1

free schools — one in each district — three months... IX 2

establishment of schools mandatory a IX 2

school fund inviolate — state treasurer custodian IX 3

county treasurer collect and disburse — warrants IX 4

school fund — of what consists IX 5

when land will escheat to state and become part

school fund 1 IX 5

county superintendent commissioner of lands IX 6

aid to sectarian schools, churches forbidden IX 7

school district cannot make donation a IX 7

school funds not used for teaching sectarian doc-
trines 1 IX 7

religious test forbidden — sectarian tenets — race —

color '. IX 8

directors determine use of in schools 1-2 IX 8

compulsory education IX 11

university — regents — election IX 12

regents elect president — powers IX 13

regents control university — funds IX 14

school districts — board of directors IX 15

text books — general assembly nor board shall pre-
scribe IX 16

Revenue X

exemption — lots — building for worship — schools X 5

exemption — lots and buildings a X 5

income for school purposes exempt f . .b X 5

church property not taxable — when 1 X 5

corporations subject to tax X 10

making profit on public money felony X 13

school board cannot make profit of district money. .IX 13

Public indebtedness XI

lending or pledging credit of state, county, city,

etc., forbidden XI 1

aid to corporation — interest in by school district —

joint ownership XI

loan for school buildings — vote — qualifications XI 7

debt incurred must be by a vote of electors 1 XI 7

422

Constitution — Continued Section

Officers XII

embezzlement disqualifies from office XII 4

civil officers — oath XII 8

oath, where filed — with whom XII 9

refusal to qualify — vacancy XII 10

vacancy — term of officer — elected to fill XII 11

duel — challenge — disqualifies from office XII 12

Counties XIV

county superintendent — election XIV 8

vacancy appointment by county commissioners XIV 9

elector only eligible XIV 10

not a taxpayer does not disqualify 1 XIV 10

qualification — ceases to be director — when 2 XIV 10

classify counties as to fees XIV 15

Contracts —

see Public contracts.

Conviction —

for second violation of compulsory education law 81

Corporations —

public school money not donated to a IX 7

taxation for school purposes X 10

not joint owners with district XI 2

Counties —

classification for regulating compensation XIV 15

classification for regulating salary 87

County assessors —

arrange tax schedules — list property on May 1st 381

County clerk —

levy minimum rate of tax for school purposes 38u

County commissioners —

fill vacancy in any county office XIV 9

levy special tax to pay interest on bonds 22

levy tax to pay district bonds 37

fill vacancy in office of county superintendent 85

allow mileage to county superintendent when 87

provide office supplies, etc., for county superintendent 88

levy high school tax— limit of 205

make appropriation for normal institutes — issues warrants. 234
levy county school tax — increase minimum rate — levy

special tax 379

levy special school tax for ensuing year 381

423

INDEX

County court — Section

try parent or guardian of truant child 77

commit juvenile disorderly person 78

inquire into question of truancy on petition 356

clerk of — issue writ 357

commit from truant school to reformatory 362

County high school —

see High schools 190

county high school bonds 39-46

County officers —

election of XIV 8

vacancy in office — how filled XIV 9

qualifications XIV 10

County school tax —
see Taxes.

County superintendent —

electors only eligible to office VII 6

qualification of electors 1-5 VII 6

term office — duties — qualifications — compensation. . . IX 6

embezzlement disqualifies from office XII 4

oath required XII 8

oath filed with county clerk XII 9

vacancy — when created XII 10

vacancy — term to fill XII 11

election of XIV 8

vacancy in office — how filled XIV 9

not a taxpayer does not disqualify. XIV 10

notify secretary of appeal — advise parties of hearing 8-9

administer oaths — decision 10

not under judgment for money 12

keep record of examinations and applicants 47

revoke teacher's certificate — cause for 47

election — term — oath and bond of 83

qualifications 1-3 83

act till successor qualified 84

failure to qualify — vacancy in office — appointment 85

when office becomes vacant 86

classification of counties to regulate salaries 87

not entitled to compensation — when 87

compensation of — office hours 88

expenses — how paid 1 88

appoint deputy — how paid 89

courts interfere with discretion — when a 89

deputy — pay b 89

fractions of day not recognized c 89

424

[NDEX

County superintendent — Continued Section

deputy, compensation 1-3 89

deputy not necessarily resident of county 4 89

deputies and assistants — compensation 90

deputy not necessarily resident of county 1 90

annual report to superintendent of public instruction 91

penalty for failure to report 92

administer oaths 93

duties of county superintendent 94

keep record of books furnished school districts 94

public apportionment of school funds 94

sue in official capacity . a 94

electors fix boundaries new district b 94

sale of school house — when void 1 94

separate reports — sent to whom 2 94

may teach 3 94

not entitled to salary as secretary 4 94

duties 5-6 94

can refuse examination papers another county 7 94

illegal expenditure funds — protest — suit to recover 8-10 94

powers 11-21 94

appoint directors 95

vacancies on board — how filled 1-3 95

first class districts7. , 4 95

failure to hold annual election 5 95

director must reside in district 6 95

boundaries of school districts — record 96

prepare map of school district 96

recording boundaries ministerial duty a 96

boundaries of district 1-2 96

examine and correct census list — ascertain deaf and blind. 97

residence defined 1-8 97

children's residence — where : 9-13 97

minor's residence — where 14-16 97

renter's residence— where 17-18 97

retain residence — how 19 97

apportionment county school fund 98

notify district secretary of school apportionment 98

counties own general fund until a • 98

transference of funds 1

basis of apportionment of funds 2

apportionment of school funds — basis 99

apportionment of fund for new district 1 99

apportionment according to number of school age 100

apportionment case removal 1 100

maintain suit against county treasurer 102

425

INDEX

County superintendent — Continued Section

approve bond of treasurer — file Ill

fill vacancy caused by failure to qualify Ill

call meeting for organization of new district from -old 131

establish and number new district 132

transfer to other districts * 132

annex or detach territory to district 133

annul district and annex territory 135

extend time for opening school in new district 135

divide funds upon formation of new district 140

apportion moneys from unpaid special taxes 140

hold examination of teachers 149

collect fee from applicant for teachers' certificate 174

forward to superintendent of public instruction 174

look after fines — penalties and forfeitures — report 177

call meeting of boards of directors of county 195

member of county high school committee — secretary 195

fill vacancy in high school committee 196

call board to elect union high school committee 207

member of union high school committee 207

select committee — add to teacher's standing 234

report blind and deaf persons 277

receipt for and distribute registers and blank books 375

certify levy to commissioners ,.. .379

•*

County treasurer —

duties in relation to school funds of county IX 4

election of XIV 8

collect special tax — cash — cancel bonds 22

countersign district bonds 21

compensation collecting special taxes 34

collect taxes to pay bonds— pay to district treasurer 37

duties of 101

keep account of fund of each school district 101

county owns general fund until when a 101

make annual statement of school funds— to whom 101

legal custodian of school funds 1-2 101

keep account of school funds 3-5 101

penalties — fines 6-7 101

certify amount of tax collected and uncollected 102

failure to pay over tax — penalty 102

separate account each district — endorse warrants — pay —

notice 103

legal notice 1 103

warrants ; 2-10 103

county treasurer cancel all school orders 104

school orders cancelled when paid 1 104

426

INDEX

County treasurer — Continued Section

county treasurer render quarterly statement school board. 105

pay orders as registered 106

county treasurer furnish blanks to district board 107

failure to publish call for payment school warrants — mis-
demeanor 108

fees — school taxes 109

transfer funds of united district 133

retain unpaid special taxes for new district 140

report to county superintendent amount of fines received. .150

pay warrant from high school tax 205

endorse rate interest on school warrants 232

custodian of normal institute fund 234

collect county school taxes 379

certify amount special tax collected — arrange tax schedule.381

Coupon —

school district— bonds issued 20

Course of study —

school board fix 124

D

Deaf and blind —

see Colorado school deaf and blind page 315

Debt—

contract only by vote of electors XI 7

incurred by vote of electors 1 XI 7

funding floating debt 12 13

submitting question of contracting bonded 13

election to contract — who vote 13, 143

limitation of bonded debt 14

Decision —

of county superintendent upon appeal 10

of state board of education upon appeal 11

Deficit—

in union high school fund 211

Deputy —

county superintendent appoint — compensation 89

county superintendent maybe employed — compensation... 90

Diplomas —

of kindergarten teachers 233

state, to whom issued 245

for eminent services 246

without examination 248

temporary non-renewable 249

revoked by state board of education 250

427

INDEX

Diplomas — Continued Section

of state normal school grant — evidence 331

license to teach — when annulled 332

no fee " 333

Directors —

electors only eligible to office VII 6

qualification of electors 1-5 VII 6

of school district — number — powers IX 15

not make profit from district money X 13

not make profit district money 1 X 13

embezzlement, etc., disqualifies from office XII 4

oath of office XII 8

refusal to qualify — vacancy XII 10

vacancy — term to fill XII 11

removing from district 1 XIV 15

name text book for study of alcohol and narcotics 1

enforce law — penalty 2

parties aggrieved can appeal to county superintendent.... 5

may appeal from county superintendent 11

may refund bonded indebtedness 13

act as judges 16

issue bonds — interest 20

prescribe form and sign bonds 21

dispose of balance of special tax 31

examine teachers in districts of the first class ."'.. 47

grant certificate — report to county superintendent 47

in districts of first and second class appoint truant officers. 75

in third class districts appoint truant officer 76

county superintendent appoint to fill vacancy 95

county treasurer furnish blanks to 107

board elected biennially in first class districts 110

number — classification 110

board elected annually in second and third class districts. .110

number and when elected 110

first class districts — directors — when elected n 110

second and third class dists. — directors, when elected. n 110

mandamus against school district a 110

who may become 1-6 110

no vice-president authorized 7 110

witness fees not allowed 8 110

secretary and treasurer— offices distinct 9 110

qualify in 20 days — oath — treasurer's bond — failure Ill

oath of 1-5 111

qualify in 20 days 6-7 111

vacancies— how filled 8-9 111

bond of 10-11 111

428

I X HEX

Directors — Continued Section

must reside in district 12 111

hold regular, special or adjourned meetings. . . .- 112

meeting place— notice 1-2 112

call special meeting in district third class 113

purpose of meeting 1-6 113

notice of meeting 7-9 113

who may call 10 113

valid though not reported to county superintendent. 11 113

taxes when illegal 12 113

president presides at meetings of school board 114

president signs orders on county treasurer 114

president appears in suit 114

absence beyond 30 days works vacancy 114

secretary execute appeal bond a 114

auditing bills against district 1 114

district warrants 2-4 114

suits against district '. . . . 5 114

vacancies 6-10 114

duties of secretary — bond 115

secretary take census 115

census showing 1,000— election n 115

duties of secretary 1-3 115

census list 4-6 115

residence in district — how determined 7-33 115

census of deaf and blind 34 115

annexed territory — census 35 115

apportionment of school fund based on census 36 115

further duties of secretary — report 116

secretary give notice — how 1-2 116

valid though not reported to county superintendent. 3 116

special tax levy 4 116

secretary violate bond 5 116

secretary exhibits quarterly report to board 117

secretary keep quarterly reports and canceled orders 118

secretary render statement — books for inspection 119

notice of special tax 1 119

failure of secretary to report — duty state superintendent. .120

failure to make annual report 1 120

treasurer countersign warrants — account — failure — penalty. 121

warrants — signing of 1-4 121

warrants drawn for what purpose 5-7 121

county treasurer custodian of school funds 8-9 121

legality of interest-bearing warrants 10 121

delinquent officers— penalties 122

lill vacancies in boards of first class districts 123

429

INDEX

Directors — Continued Section

powers of directors 123

power to make by-laws 123

filling vacancies 1 123

powers of board 2-4 123

employ and discharge teachers 124

enforce rules and regulations of state superintendent 124

powers and duties 124

when provide books — when free text books 124

only secretary receives compensation 124

number of teachers — length of school — opening and closing.124

fix course of study — exercise — text books, etc 124

hold real estate and personal property in trust 124

may purchase or sell lots 124

provide school furniture — supplies for board 124

rent, repair, insure, build or remove school houses 124

require teachers to conform to law 124

suspend or expel pupils — exclude from school .124

admit pupils from adjoining district 124

make report to state superintendent 124

make report to county superintendent 124

fix wages, tuition, compensation of secretary 124

certificate obtained after commencement of school. . . .a . 124

lien law not apply school buildings b 124

school property held in trust c 124

injunction not lie prevent discharge teacher . .d 124

ratification of contract e 124

contract not made at formal meeting f 124

certificate not collaterally attacked except. g 124

county superintendent sue in official capacity h 124

teacher discharged not appeal i 124

teacher discharged for cause only j 124

revoking certificate after discharging k 124

appointment and acceptance create contract 1 124

hire teachers 1-23 124

teacher's report 24 124

school furniture 25-27 124

discharge teachers 28-33 124

fix salary 34-40 124

compensation allowed secretary 41-44 124

powers of board 45-47 124

illegal action by board 48-56 124

vaccination authorized by county board 57 124

tuition 58-65 124

fix course of study — special branches — admittance. 66-76 124
text books 77-84 124

430

INDEX

Directors — Continued Section

school houses — rent — repair — build, etc 85-108 124

custodian of school property 109-112 124

suspend or expel pupils 113-118 124

number of teachers — time 119-136 124

furnish clothing for indigent children 137 124

use of district funds .. 138-145 124

special levy 146-149 124

debts 150-155 124

payment — general fund 152-155 124

payment — special fund 156-157 124

contracts other than teachers 158-161 124

board of health 162-163 124

directors make financial statement 125

directors make financial statement other 126

penalty for failure to publish 127

when changed from second to first class — who constitutes. 129

election of — for new district 132

uniting with lower class — who constitutes 133

when joint district formed from first class 138

order more than one voting place in first class district 142

candidate for, in first and second class districts 143

may purchase flag — flagstaff — pay for 155-157

not use general fund for building or lots — exception 164

provide sterilized drinking cups in schools n page 173

elect high school committee — fill vacancy 196

establish district high school— powers— build or lease 220

may establish and maintain kindergartens 233

not interested in contract for district 235

designate branches to be taught in schools 239

may admit adults and non-residents to public schools 240

levy special tax for expense of school 379

certify necessary levy for special fund 381

may order levy for library 381

not reconsider levy for special tax 382

not employ a teacher without a certificate 383

Dismissal —

of teacher for good cause 383

Display—

of American flag 155-156

of other than United States flag— penalty 161-162

Districts —

failing to maintain a school — no funds IX 2

organization of IX 15

lending or pledging credit forbidden XI 15

not become joint owner XI 2

431

INDEX

Districts — Continued Section

not incur debt by loan — except XI 7

debt incurred by vote electors 1 XI 7

submit question of bonds at regular or special election 13

change in boundary line — not release property bond tax. . . 33

not required to support two high schools 46

all children must be educated 71

lack accommodations — compulsory education not apply. ... 82

county superintendent keep record of boundaries. . . . 96

county treasurer keep separate report 103

board of directors of different classes — officers 110

classification of 110

special meeting in third class 113

purpose of 1-6 113

notice of 7-9 113

who may call 10 113

valid though not reported to county superintendent.. 11 113

taxes, when illegal 12 113

expenses of — secretary keep account of 116

to be bodies corporate — hold property 128

lien law not applicable to school buildings*. a 128

school property held in trust b 128

district established one year 1 128

change from second to first class — board of directors 129

census showing 1,000 — directors — election n 129

first class falling below 1,000 1 129

legal district— what constitutes * 130

school district operating one year 130

organization— census list of new— unorganized territory. . .131

mandamus not control discretion a 131

state board cannot change boundaries b 131

electors fix boundaries new district c 131

organization — number of children 1-4 131

size of territory — valuation — children 5 131

organization — voters — petition 6-11 131

organization — optional county superintendent 12-16 131

new, how organized — election of directors — persons trans-
ferred 132

of first class, how divided 132

two-third vote necessary to organize 132

territory — size — valuation — children 2-3 132

term of office in new district 4-5 132

family transferred back to old district 6 132

text books — vote of people 7 132

two or more contiguous — how united 133

failure to petition after notice 133

uniting upon petition of legal voters 1-6 133

432

INDEX

Districts — Continued Sf«-t1i'ii

contiguous — when voted upon — notice 7-8 133

debts of detached territory 9 133

transferring of territory 10-14 133

annexed territory — census of 15 133

organization of joint 134

deputy not necessarily resident of county 1 134

territory attached or detached 2 134

formed by dividing county 3 134

elections '. 4 134

who may vote 5 134

secretary's bond — warrants 6 134

when new district entitled to school money 135

funds for new 135

annulled by county superintendent 135

school actually commenced 1-2 135

failure to open school within six months 3 135

territory attached or detached 4-7 135

annullment of 8-11 135

when not annulled 12-16 135

disposition, of fund, when district annulled 17 135

( 'oitMolidated districts —

consolidation defined 136

school board submit question 137

notice — form of ballot 137

consolidated not liable for debt of one 1 137

call meeting to organize 138

elect directors 138

purchase site — elect building — transfer children 139

Apportionment of genei-al fund in new district formed

from old 140

when cannot be annulled 1 140

teacher's contract 2 140

take and hold real estate — amount 141

qualified fee in land a 141

power to condemn 1-2 141

belongs to school district 3 141

title obtained through individual 4 141

building on school land 5 141

elections — see Electors 142

candidate for director in first and second class 143

of third class — power of electors 148

having children attend union high school, support 211

contributing to high school — election of committee 213

high school in first class and second class 220

vote to build or lease building for high school. 220

433

INDEX

Districts—Continued Section

Consolidated districts — Continued

maintain school three months — failure — no funds 241

third class, limit for special tax 381

property in on May 1st assessed 381

not reconsider levy of special tax 382

Doctrines —

not taught in public school IX 8

Duties —

of truant officer 75

of county superintendent 94

of high school committee 200

of union high school committee 210

of state superintendent 374-376

Division —

of school funds upon formation of new district — basis 140

Drinking cups —

drinking cups in schools n page 173

Education — E

provision for school IX 2-3

Election—

who entitled to vote VII 1

absence in civil or military service VII 4

voters privileged arrest while attending— except.... VII 5

of county officers XIV 8

no person entitled to vote while in prison VII 10

bond election see 13-38

of county superintendent 83

of school directors— classes of districts 110

officers of board— by ballot llo

annual— notices posted— publication— ballot 142

first class district— section amended n 142

directors— second and third class— election n 142

census showing 1,000— directors— election n 142

annual— place— time— notice 1-3 142

moving building— vote 4-6 142

polls open three hours 7- 8 142

"judges of election ^ 9 142

tax levy reconsidered— when 10-11 142

electors— directors— qualifications— publish names 143

ballots— registration— county clerk furnish 143

judges— challengers— watchers — fraud 143

voting— paths— certificates— taxpayers — bribery 143

qualifications of electors 1-5 143

434

INDEX

Election — Continued Section

lllegal-when 6-7 143

judges of election take oath 8 143

legal voter 9-11 143

elector not a taxpayer can vote— when 12-14 143

must be taxpayer to vote on bonds 15 143

who may challenge— oath 16-17 143

procuring site for school house 18 143

who may be director 19-21 143

candidacy when vacancy occurs 22 143

counting of votes — tie — special election 144

excess ballots— disposition of poll books 144

canvass of votes— contest : . . .144

tie vote— special election 1-4 144

power of judges 5 144

contest question for courts 6-7 144

county superintendent fill vacancy— when 8 144

old board not hold over 9 144

continued meeting 10 144

applies to all school elections 145

to vote to build or lease buildings for high school 220

of union high school committee 207, 213

of superintendent of public instruction 372

Electors —

qualifications of VII 1

qualified elector eligible civil or military office.. VII 6

qualifications of electors 1-5 VII 6

voting bonded indebtedness 13

qualification of % 146

women vote — qualifications 147

powers of at meetings— in third class districts 148

livery stable certain distance from school a 148

electors levy special tax b 148

lien law not apply school buildings c 148

who may vote 1- 3 148

stfe of school house determined by : — 4-12 148

building of school house determined by board 13-23 148

taxes 24-26 148

special levy 27-35 148

free text books— vote of people 36-39 148

tuition 40 148

to establish high school 191

Emergency fund —

see also this subheading under Funds 165, 172

Exemption —

from taxation of what property X 5

435

INDEX

Employer — Section

see Child labor law under Children 72

see Compulsory education 73

Eminent domain —

district may hold real estate 141

Enabling act —

land for schools 7

seventy-two sections for university

school lands— how sold

sale by trustee when void a

mineral lands excepted

indemnity lands n

Endorsement —

of warrants by county treasurer 103

English language —

taught in public schools 2M9

Examinations —

of applicant appeal to state board 11

in districts of first class 47

record by county superintendent 47

by county superintendent 149

time of— age— notification— subjects , 149

other than county seat by deputy — compensation — 149

endorsement of 149

like grade 149

normal school diploma a 149

teachers' high school examination 1- 4 149

time of examination t 5 149

age of applicant 6-7 149

rules governing examination 8-9 149

regular examination only 10-12 149

permits not granted 13 149

endorsements 14 149

certificates include normal schools' diplomas 15-26 149

superintendent may appoint deputy 27-29 149

special certificate for high school 30 149

teacher not entitled to pay for time lost attending.. 31 149

state superintendent cannot excuse from 32 149

failure 33 149

eighth grade 34 149

answers filed 35 149

appeal 36 149

referred law 149a

bar examination n 149a

dental examination -.11 149a

436

INDEX

Examinations — Continued Section

application for admission to bar u 149a

for admission to union high schools 210

of kindergarten teachers 233

f<»r state diploma 245

for diploma of state normal school :;:!1

Executive committee —

of normal institutes— duties— transmit funds 234

Exemption —

from taxation — of what property X 5

Expenses —

of trial— transportation of juvenile disorderly person-
county pay 78

of district— secretary keep account 116

of purchasing and displaying flag 157

of normal institute— how paid 234

of superintendent of public instruction 376

of school paid by special tax— when 379

expiration of certificate during term 383

Expulsion —

of pupils by school board 124

F

Faculty —

of state normal school, trustees appoint, remove 32J

Fee—

applicant for teachers' certificate— pay 174

registration, for normal institute 234

for admission to state normal school ....329

Felony —

directors making profit district money X 13

Finances —

secretary render statement of 119

of school district— treasurer make statement 121

Fines —

to comply with law on alcoholic drinks and narcotics 2

for employing children during school hours— violation 92

of employer failing to compel instruction of minor in

employ 72

for violation compulsory education law 77

for failure of county superintendent to report 92

of county treasurer to pay over tax 102

for failure to publish call for payment of school warrants. 108
of secretary to make report 116

437

INDEX

Fines— Continued Section

of treasurer to perform duties — turn over moneys 121

for superintendent or officer failing to perform duties 122

collected by justice of the peace— payable to school fund... 150

county treasurer to render statement 151

for setting fire public domain 152

for leaving unprotected fires 153

fines paid to school fund 154

Flags —

may be purchased— displayed— when 155

directors to purchase and display United States flag 155

each department to keep flag— size 156

expense and care of 157

applies to all institutions 158

injury to 159

superintendent public instruction publish act 160

display of— other than U. S. exception 161

violation 162

state flag— description 163

Forfeited—

money by any district 101

Forfeitures —

for violation of school law — where — county treasurer place

credit 177

for failure to maintain school 177

Forms —

state superintendent print and furnish 375

for making reports — printed with school law 475

for reports supplied by superintendent public instruction. .384

oath of school officer No. 1

oath of judges of election No. 2

oath of witness— county superintendent No. 3

oath of witness — board of education No. 4

county superintendent bond No. 5

petition to form new district No. 6

order directing notice of meeting to form new

district No. 7

notice of meeting for organization of new district. No. 8
record of meeting for organization of new district.No. 9

bond of district treasurer or secretary No. 10

request for special meeting by ten legal voters — No. 11

notice of special election No. 12

notice of annual meeting— 2nd and 3rd class dis-
tricts No. 13

notice of biennial election No. 14

438

INDEX

Forms — Continued Section

record of regular or special meetings No. 15

notification of apportionment of county supt No. 16

teachers' contract No. 17

Funds —

public school fund not transferred to other funds TX 3

public school custodian— state treasurer IX 3

how distributed among counties IX 3

how Invested— loss— how supplied TX 3

of public school— interest only expended IX 3

of county and school district— how collected and dis-
bursed IX 4

public school fund of the state defined IX 5

when land escheats 1 IX 5

contribution to sectarian institutions prohibited TX 7

of university— regent control IX 14

making of profit forbidden public officers X 13

embezzlement of— makes person ineligible to hold

office XI 4

floating debt— bonds for 13

special fund pay past indebtedness 1 22

county superintendent apportion general school fund of

county 98

basis of apportionment 99

county treasurer keep account of school 101

county treasurer makes annual statement of school 101

county owns general fund until a 101

treasurer publish statement of district Ill

apportionment of general 120

annual report and census list are filed .*120

of united district county treasurer transfer 133

division of, upon formation of new district 140

to new district 140

county treasurer render statement of 151

general school funds not used for building purposes, ete...!G-l

legal use of general fund 1-3 164

illegal use of school funds 4-10 164

for what purposes special fund may be used 11-1- 1»>I

two school of five months in district not meet re-
quirement 13 164

money not turned into general fund 1} Itii

l-.'mci-fH-ncy fund —

permanent school emergency or call fund 165

to be transferred from general school fund 1 >'<(>

treasurer to be custodian of 167

when used 16S

439

INDEX

Funds — Continued Section

Emergency fund — Continued

payments when made , 169

amount expended in one year 170

gifts— contributions 171

vouchers approved by governor and attorney general .*172

attorney general held no money for building from n 72

moneys under act of congress— apportionment 73

normal institute fund 74

applicant for teacher's certificate pay fee 74

fee— when not required 1-2 74

fee— to whom paid ' 3-4 74

fee for duplicate certificate 5 74

state normal institute fees turned into treasury 75

apportionment of normal institute fund 176

penal, paid to county treasurer 177

duties of county treasurer in regard to 1-2 177

duties of county superintendent in regard to 3 177

disposition of fines 4-5 177

not loaned or invested 178

officers not loan 179

no benefit from deposit. 180

penalty 181

permanent fund from sale lands— invested 182

for union high school— deficit 211

special school, for maintaining kindergartens 233

state normal fund 322, 326, 327

amount of state school 376

Apportionment of 377

distribution 377

Furniture —

school board provide 124

G
Garnishment —

school district subject to 188

provisions apply to all salaries, wages, etc 189

General assembly —

not prescribe text book IX 16

General school fund —
see Fund.

German —

taught in public schools— when 239

440

Governor Section

approve use of emergency fund 168

issue proclamation for Arbor Day 224

issue proclamation for Good R'oads Day 231

appoint trustees of state normal school 325

Grades —

of certificate by county superintendent 47

Ground —

bonds for purchasing school 12

Guardian —

»f truant child fined— imprisoned 77

Gymnastics —

taught in public schools— when 239

H

Hazing—

unlawful 184

punishment 185

punishment for in educational institutions 186

jurisdiction of justice of peace 187

Hearing —

see also Appeals 5-12

High schools —

county high school bond see bonds 39-46

not required to maintain two 46

counties classified 190

petition for organization— county superintendent 191

submission to voters 191

qualified voters of joint district— vote 191

three kinds of high schools— define n 191

how maintained n 191

election notices posted twenty days— contents 192

who may vote 193

form of ballot 193

district board act as judges 193

canvass returns— sent to county superintendent 194

county superintendent announce result 195

call directors— elect committee 195

county superintendent ex-officio secretary 195

county superintendent has vote 1-2 195

county superintendent need not give bond 1-2 195

county superintendent no vote selecting committee... 3 195

county superintendent no salary as secretary 4 195

form members high school committee 196

committee — vacancy — how filled 196

m

INDEX

High schools — Continued Section

expiration of office 1-2 196

meeting of committee — regular, special 197

twenty days' notice special meeting 1 197

high school district body corporate 198

may hold real estate 199

powers and duties of committee 200

powers of committee 1-5 200

principal cannot be county superintendent 6 200

principal no authority over county schools 7 200

special certificate to teach in high schools 8 200

warrants not drawn until levy made 9 200

how high school supported ~. 10 200

powers and duties of president 201

powers and duties of secretary 202

powers and duties of treasurer , 203

powers and duties same directors first and second class... 204

tax levied by. county commissioner 205

tax collected and paid out by county treasurer 205

tax paid out on warrant president and secretary 205.

levy for library 205

high school districts subject to this act 206

Union high schools —

how established 207

kinds n 207

committee at county seat a 207

how established 1 207

committee — oath — bond — members 2-4 207

committee— term— vacancy 208

committees— meetings 209

powers of committees 210

has right of body corporate 1 210

powers of board not increased 2 210

how maintained 211

proportion of school fund— deficit 211

apportionment of school fund 1 211

forty weeks annually 212

who may be admitted 212

districts contributing voice in election 213

Union high schools counties of fourth and fifth classes —

organization 214

how supported 215

annual levy — building 215

addition— outlying district 216

no conflict 217

board how constituted — election 218

442

INDEX

High schools — Continued Section

I'n ion hi'jh schools counties of fourth and fifth classes —
Continued

committee 1-3 218

qualifications to enter 219

course of study 219

fiixtrict high schools —
board in first or second class districts establish high

school 220

High school committee —

see also High school lf'5

High school fund —

see also Funds 205

High school tax —

see also Tax 205

Holidays-
school year— month— week— day— national holidays 221

holidays and semi-holidays n 221

legal holidays— how observed 1-8 221

teacher entitled to salary for legal holiday 9-12 221

vacation— teachers not entitled to pay 13-14 221

year 15 221

time to hold organization 16 221

hour's intermission 18 221

Arlor day —

third Friday in April 222

how observed in schools - 223

legal holiday 1 223

governor issues proclamation, report of county supt 224

Colorado day — %

first day in August 225

when first day falls on Sunday 226

Columbus day — •
twelfth day of October 227

Election day — •
election day in November 225

flood roads day —

second Friday in May 229

public school observe 230

proclamation of governor 231

Humane treatment of animals —

to be taught in public schools 239

Hygiene —

taught in public school? 23H

443

INDEX

I

Indebtedness — Section

of school districts not incurred by pledging credit XI 1

limit of bonded 14

of school district refunded — new bonds issued in pay-
ment of 35

Indemnity land —

what constitutes n enabling act 15

Indigent children —

relief •. 79

Institutes —

see Normal institutes 234

Interest —

of public school fund only expended IX ?>

on school district bonds 20

on bonds— special tax levied to pay 22

on United States and state bonds 32

on refunding bonds 35

on new bonds 35

on school warrants— when cease 103

rate of — on school orders and warrants — endorsement 232

J

Joint district-
organization 134

Judges of election —

administer oath 18

in first class district 142

president, secretary and treasurer of school board act as.. 143

administer oath to challenged voter 143

count— declare results— transmit report 144

Judgment —

state or county superintendent not render for money J2

Justice of the peace —

report amount of fines collected payable to general school
fund 150

Juvenile disorderly person —

who is 74

commitment of— offense 78

K
Kindergartens —

may be established free 233

age of children 233

part of public school system 233

444

INDEX

Kindergartens — Continued Section

teachers have diplomas 233

establishment of school mandatory a 233

certificates 1-5 233

L
Librarian —

'•x-officio — superintendent of public instruction IV 20

assistant— appointment— duties— salary 378

Library-
number of volumes — amount raised for — report 116

immoral books, etc., excluded from school — 124

directors may levy special tax for 181, 381

License —

see also Certificate^. 47

Limit—

of bonded indebtedness 14

of tax certified by county high school 205

of taxes for county school purposes 186, 379

of special tax in third-class district 188, 381

M
Maintenance —

of' union high school— length of school year 211, 212

<>f kindergartens — special school fund 233

Map—

of boundaries of district— county superintendent prepan .. W

Meetings —

for contracting bonded debt 13

special meeting for bonding 45

board of directors — regular, special or adjourned 112

special in district of third class— petition— notice 11:'>

of school board and district— president preside over 114

secretary record proceedings of 115

secretary give notice of 116

to vote upon free text-books 124

for organization of new districts 132

for uniting districts 133

of electors in third-class district— officers 148

of boards of directors of county lf»6

of high school committee 197

'>f high school committee— special 209

of statr bonrd of <>diirMt inn L'-IJ

INDEX

Misdemeanor — Section

persons employing children during school hours— guilty

of .63, 72

failure to publish call for payment of school warrants 108

superintendent or officer failing to perform duty— guilty
of 122

Mileage —

of county superintendent — commissioners may allow — ex-
ceptions 87

Money —

school board not make profit on district money X 13

amount of— received— expended, etc., by school board 116

Month-
school— what constitutes 221

M utes—

see also Deaf and Blind ° 271

N

Narcotics —

see Alcoholic drinks and narcotics 1-2

Non-residents —

admitted to public schools— when 240

admitted to deaf and blind school 278

Normal districts —

number of — boundaries 234

Normal institutes —

applicant for certificate pay fee 174

state normal institute fund 175

apportionment of funds 176

organization of 234

classification of counties 234

executive -committee— expenses 234

funds arising from fees 234

normal institute fund defined 234

state divided into districts, classification of county— who

conduct 234

expenses of— how paid— registration fee 234

appropriation by county commissioners 234

number of— boundaries 234

where held— when— conductor— instructor 234

county superintendent not entitled to pay a 234

five per cent, credit for attendance at 1-5 234

session of 6 234

teacher not paid for attendance 7 234

pay for services as conductor 8 234

446

INDEX

Normal institutes — Continued Section

time and place of — how determined 9 234

certificate not endorsed 10 234

fee 11 231

meeting of committee— by whom called 12 234

attendance county superintendent not compulsory 13 148

referred law 234a-g

Notice-
by county superintendent of appeal 8

to adverse parties upon appeal 8

of meeting to submit subject of contracting debt 15.

of funds to pay warrants 103

for presentation of school order for payment 106

of special meeting in district of third class 113

of meetings— secretary give 116

of meeting to organize new district from old 131

of meeting to unite district 133

of annual election— how and where posted 142

publish— failure to give 142

of intention to be candidate for director— publication of 143

of special election— failure to give 144

of examination by county superintendent 149

of meeting to fill vacancy in high school committee 196

thirty days before revocation of state diploma 250

of examination for state diploma 252

to county superintendent — apportionment — state school
fund 184, 377

O

Oath—

of office XII 8

where filed XII 9

upon appeal 8

president of state board of education administer 9

administered to challenged voter 11

of county superintendent 42

county superintendent administer to directors, etc 52

of directors— filed 70

of challenged voter 93

of office— trustees of state normal school take 165

of state superintendent of public instruction 180

Office-
challenge to fight duel disqualifies for office XII 12

of county superintendent— commissioners provide 88

kept open when 88

of superintendent of public instruction 37G

447

INDEX

Officer — Section

person convicted of embezzlement, not eligible to

office XII 4

subscribe oath to support constitution XII 8

file oath of office with secretary of state XII 9

failing to qualify office becomes vacant XII 10

elected to fill vacancy— term expires XII 11

no person fighting duel, etc., hold office XII 12

of school— failing to enforce act 2

directors— term— power 110

duty— failing or refusing to perform 122

of new district from portions of old 132

of county high school committee 196

of union high school committee 207,208

not interested in public contract 235

not deal in warrants 237

Official bond—

, see Bond.

Omission —

of county commissioner to levy school tax 380

Orders —

see Warrants.

Organization —

of board of directors in first-class district 110

of new district from old .131, 132

of joint district 134

P
Parental or truant school —

see also Truant schools 352, 363

Petition—

of voters to submit question of bonded debt 13

of special meeting in district of third class 113

for organization of new district 131

to annex or detach territory to district 133

to submit question of county high school— contents 191

to commit child to truant school— contents— verification 357

Penalty —
see Fines.

Permanent school emergency fund —

see also subheading under Funds 165, 172

Personal property —

. school board hold in trust 124

Persons —

of school age stated in report of board 116

448

INDEX

Physical examination of children — Section

state superintendent prepare test charts 68

teacher report def ectiveness 69

expenses, how paid 70

Place—

of holding annual election 142

of holding normal institutes 234

Powers —

of truant officer 75

of directors in district of first and second class 110

of directors to make by-laws 123

of election in district of third class 98, 148

of high school committee 124, 196

of union high school committee 132, 210

of directors over district high schools 128, 220

President —

of directors sign bond 21

administer oath to directors : Ill

preside at meetings of school board and district 114

sign orders on county treasurer— appear in suits 114

of school board act as judges of election 143

of trustees of state normal school— duties 330

President of state agricultural college —

recommend member of board of examiners 251

President of state board of education —

administer oaths upon appeal — render decision 11

President of state normal school —

assist in fixing time and place of holding normal insti-
tutes 234

recommend member of state board of examiners 251

sign report 334

President of state school of mines —

recommend member of board of examiners 251

President of state university —

recommend member of board of examiners 251

Printing —

of school laws — how paid 375

registers and blank books— how paid 375

Property —

annexed to district liablo to bond t;ix 33

of new district formed from old 140

449
15

INDEX

Publication — Section

of call of payment of school warrants— failure— penalty... 108

of statement of district funds in first-class district Ill

of notice of annual election 142

Public contracts —

officers not interested in 235

directors not make contract with board 1-4 235

school board let contract to husband of director 5 235

penalty 236

officer dealing in warrants— penalty 237

Public indebtedness-
restrictions concerning XI 1-2

Public institutions —

educational— supported by state VIII 1

what are educational VIII 5

Public moneys —

embezzlement of— makes person ineligible to hold
office XII

Public school income fund —
see Funds.

Public school —

school lands enabling act

support of— provide for sale of lands enabling act 1

age of pupils who may attend IX

at least three months in each district IX

providing for establishment and maintenance of free. IX

fund, of what consists IX

no sectarian doctrines taught in IX

no distinction of race or color in IX

general assembly provide for organization IX 1

prohibition concerning text books IX 1

corporation subject to school tax X 1

alcoholic drinks and narcotics taught in school

attendance at night 7

number of— stated in report of board 11

school board exclude immoral books, etc., from 12

school board fix time for opening and closing 12

public— defined 23

public school— kinds n 23

what constitutes 1-3

taught in English language— Spanish— German 23

humane treatment to animals 238

certificate— modern languages— music 1 23

German when taught 2-3 23

public— open to children of school age 240

450

INDEX

Public school — Continued Section

who entitled to privileges 1-4 240

maintain organizations o 240

director's power fi 240

terms lengthened by private subscription 7 240

summer school 8 240

building where situated - 9 240

must be maintained three months— failure 241

maintain organization — entitled to funds I-.'! 241

Punishment —

of illegal voting 143

Pupils-
no distinction of— in public school IX 8

number in school— enrolled— attendance in report 116

school board require to be furnished with books 124

suspend or expel— exclude under six years 124

admitted from adjoining district 124

Q

Qualifications —

of electors VII 1

of elector for any civil or military office VII 6

religious test or qualification prohibited IX 8

of county officers XIV 10

to issue bonds 13

of teachers 47-149

of voters at school election 143

at election to contract debt 143

for admission to district high school , 220

for admission to union high school 210-212

for conductor or instructor of normal institute 234

of applicant for state diploma 245-252

for admission of students to state normal school 328-329

Questions —

for examination of teachers prepared by state supt 17. 374

R
Real estate —

school board hold, in trust 124

district take and hold, amount 141

Recommendation —

of state board examiners 252

of state superintendent of public instruction 376

451

INDEX

Records — Section

of transactions of truant officers 75

of county superintendent's office open to inspection 94

of organization of new districts 132

Redemption —

of bonds — manner ' 31

of refunding bonds— of new bonds 35

Refunding —

bonded indebtedness of school district 35

Regents of University —

election— term of office— body corporate IX 12

shall elect president— term of office— duties IX 13

shall have control of funds of university IX 14

Registers —

state superintendent to print and furnish 375

teacher' keep daily— file with secretary 384

additional— kept by teacher 384

Registration fee —

normal institute .- 234

Registry —

of school district bonds— when— how 23

Religion —

instructions in not to be given in parental or truant school. 355
inmates of such school may receive training in 198, 355

Religious service —

teachers and students not required to attend IX 8

Removal —

of teacher — when 383

Rent-
school houses — school board may 124

Repair —

school houses— school board may 124

Report —

see also Biennial report.

of certificates granted by directors of first-class districts.. 47

annual of county superintendent 91

penalty for failure of county superintendent to make 92

secretary to preserve copies of 115

make annually— what contain 116

of school board— annual 124

to state superintendent 124

of election— judges make and transmit 144

of fines collected by justice of peace 150

452

INDEX

Report — Continued Section

of county treasurer of amount of fines received 151

county superintendent make annual of Arbor Day 224

oj: trustees of state normal school contents— verification 334

Residence —

of an unmarried person 97

residence defined 1-8 97

children's residence— where 9-13 97

minors' residence — where 14-16 97

renters'— when resident '. 17-18 97

retain residence— how 19 97

Revenue —
see Taxes.

Revocation —

of certificate by county superintendent 47

of state diploma 250

Rules —

of state superintendent— board enforce. 124

of meetings in third-class districts 148

state board of education adopt 244

S

Salary —

classification of counties for XIV 15

of county superintendent 87

of teacher adult blind 283

of assistant state librarian 378

School-
see also Public school 238

School age —

defined 242

School boards —
see Directors.

School buildings —
see Buildings.

School census —

secretary take annually — forward to county supt 115

copy for districts of first and second class 115

of new district 131

basis of division of school funds in new district 140

defined 242

who included in 1-3 242

School day —

what constitutes 221

453

INDEX

School districts— Section

see Districts.

School fund —

see Funds.

School furniture —

school board provide 124

School for deaf and blind —

see subhead under State educational institutions.

School grounds —

• district may hold real estate 141

creating debt to purchase 143

School houses-
exempt from taxation X 5

lots exempt from taxation a X 5

number and value stated in report of board 116

school board may rent, repair, insure, build or remove 124

of new district formed from old 140

site of— fixed by electors in third-class district 148

sale of— by electors' of third-class district 148

School income property —

exempt from taxation bX 5

School lands —

sections 16 and 36 are En. Act 7

seventy-two sections for university En. Act 10

how sold— price En. Act 14

mineral lands excepted En. Act 15

indemnity lands En. Act 15

School laws —

published by superintendent of public instruction 375

how distributed 375

School lots —

see Directors and Electors.

exempt from taxation X 5

directors purchase or sell— where 124-81

directors may hold— when 141-91

School month —

221

Schools —

see also Public schools 238

School year —

commence and end 221

454

INDEX

Seal— Section

of district attached to bonds 21

of trustees of state normal school 324

Sectarian institutions —

appropriations to, from school fund prohibited IX 7

Secretary of high school committee —

give notice of meeting : .196

Secretary —

file transcript in office of county superintendent— certify it. 8

ascertain number of blind and deaf mutes 97

preside in absence of president 114

give bond— conditions— approval— where filed 115

duties of 115, 116, 119

failure to file report and census list ."120

school board to fix compensation 124

give notice of annual election— failure 142

publish or post notice of candidates for directors 143

act of judges of election 143

furnish ballots 143

Secretary of state normal school —

sign report 334

Secretary of trustees —

of state normal school— bond— duties 330

Secretary of state —

member of state board of education 243

Spanish —

taught in public schools— when 239

Special meetings —
see Meetings.

Special tax —

to pay interest on bonds— cash 22

amount of — for support of schools, etc 116

to pay school expenses— when commissioners levy 379

directors certify amount commissioners levy— payable in

cash 381

not reconsider levy of 382

State aid for weak districts-
see also subheading under Funds Hio-lTU

State auditor —

register bonds 23

approve bond state superintendent of public instruction...-.!:]

draw warrant for printing school laws 375

draw warrant for state school funds 377

455

INDEX

State board of education — Section

who shall constitute— powers— duties IX 1

not prescribe text books IX 16

appeal to, from county superintendent 11

not render judgment for money 12

who shall constitute 243

meeting and powers of 244

normal institute fund 1 244

grant diplomas 245

certificates from other states 1 245

diploma for eminent service 246

who need not take examination 247

diplomas without examination 248

diplomas license for five years 249

temporary non-renewable certificate 249

board may revoke diploma 250

remove state teacher adult blind 282

State board of examiners —

who constitutes— how appointed 251

applicants to be examined 252

grades how applied 1-2 252

experience required before examination 3 252

certificates from other states 4 252

requirements of applicants 253

State board of health —

recommend standard works on narcotics n 1

State bonds —

see Bonds.

State diplomas —

see also diplomas 245-250

State educational institutions —

charitable institutions established VIII 1

properties and moneys — location VIII 5

locations changed when a VIII 5

classification of appropriations b VIII 5

internal improvement includes what c VIII 5

no religious test required for admission IX 8

Agricultural college at Fort Collins —

college— objects 254

design and objects 255

qualifications of students 256

programme — 257

duration of course 258

academical year— term— suspension 259

labor on farm— hours 260

45G

INDEX

State educational institutions — Continued Section

Agricultural coll eye at Fort Collins — Continued

tuition fees— discrimination 261

board control college and farm— by-laws 262

board choose president and tutors— vacancy 263

board employ professor long term a 263

employment extending over term b 263

board prescribe duties— confer degrees 264

faculty how constituted 265

wages to students— boarding at cost 266

A yri cultural coll eye at Fort Lewis —

school of agriculture, mechanic and house arts 267

state board of agriculture control 268

Horticulture and forestry —

branch school at Grand Junction 269

state board agriculture manage 270

Colorado school for deaf and blind —

object of institution r 271

name of school 272

educational institution of state ! 273

trustees— appointment term 274

superintendent — appointment 275

duties of superintendent— discharge of teachers 276

admission of pupils — support 277

residents of other states— when admitted 278

when counties pay expense 279

T«i<-lu-r inliilt lilhHl—

office of state teacher 280

duties of teacher 281

services— report 282

salary— how payable— expenses 283

Imliistrial school for boys —

industrial school established 284

located— building 285

board of control appointment— term— vacancies 286

biennial report to state superintendent 287

board make rules— appoint superintendent, agencies, etc — 288

duty of board to receive boys 289

commitment to school — term — jurisdiction of courts 290

pun-lit, guardians indenture boys to school 291

treatment— board may return, duty of magistrate 292

discharge or bind boy — when 293

persons caring for boy— compensation— schooling 294

clergymen impart religious instruction 295

457

State educational institutions — Continued Section

Industrial school for girls —

industrial school established 296

board of control—appointment— term— superintendent 297

county liable for maintenance— statement 298

powers of board 299

board receive all persons committed 300

under .control of board 301

regulations established by board 302

rules established by board 303

credit for good behavior 304

marks of credit 305

release of girls 306

girls may be placed in homes 307

superintendent — duties 308

superintendent keep daily journal 309

register— contents 310

abstract of record 31]

parole 312

incorrigible girls returned home 313

commitment— term 314

jurisdiction of courts— summary proceedings 315

peace officers arrest— when 316

cause of commitment certified superintendent 317

commitment— return to county 318

not confined to jail— appeal 319

term of commitment 320

school non-sectarian 321

State normal school —
establishment of 322

State teachers' college of Colorado —

state normal known as 323

trustees— powers— seal— by-laws 324

governor appoint trustees — term — oath 325

part public school system— apportionment funds 326

supervisory power over 326

powers of trustees 327

qualifications— examinations— declaration 328

open to residents of states— other persons— fees 329

officers of board— duties— bond 330

diplomas— examination— graduation 331

diplomas license to teach — how annulled 332

normal school diploma a 332

registration of diploma b 332

no fee for diploma 333

458

INDEX

State educational institutions — Continued Section

xiutc teachers' college of Colorado — Continued
no fee for registration ........................................ l 333

report trustees— contents— verification .......................... 334

Normal school at Ounnison —
school established at Gunnison .................................. 335

management ........................................................ 336

School of mines —
located at Golden ................................................... 337

board of trustees— term ............................................ 338

control— management ............................................. 339

instruction provided for ........................................... 340

trustees cannot issue diplomas except .................... a 340

school open to all .................................................. 341

governor appoints trustees consent senate .................... 342

State home for dependent and neglected children —
state home established ............................................ 343

board control— appointment— term ............................... 344

object— dependent children received— guardianship ........... 345

children placed in private homes ................................ 346

guardianship ceases ward becomes self supporting .......... 347

classes of children returned to counties ........................ 347

State home anil training school for mental dcf retires —
establish home ...................................................... 348

management state home .......................................... 349

superintendent— matron— appointment ......................... 330

who admitted to state home ...................................... 351

Truant schools —
established— in what cities ........................................ 352

sites— location— furniture— levy .................................. 353

officers — course of instruction .................................... 354

no religious instruction— religious training .................... 355

directors .determine use of Bible in school .............. 1-2 355

habitual truant — petition to court ............. : ................. 356

hearing— commitment— notice .................................... 357

parent or guardian pay maintenance .......................... 358

regulations for parole ............................................. 359

monthly report— discharge— recommitmen t ..................... 360

Violation of parole— penalty— second parolp .................... 361

incorrigible— committed to reformatory ........................ 362

established cities over 25,000, under 100,000 ...................... 363

studies— qualifications of students ............................... 361

(•li;um<> of location of university ........................... a 364

each county entitled to one pupil free .......... ......... 365

459

INDEX

State educational institutions — Continued Section

University — Continued

tuition fee 366

religious or irreligious control 367

regents— election— term of office 388

departments— degrees— diplomas 369

report— contents 370

regents report to state superintendent pub.ic instruction... 371

State normal institute fund —

how constituted 125

apportioned— used 176

State normal school —

established at Greeley 322

known as state teachers' college 323

trustees— corporate powers— seal 324

governor appoint trustees— oath— term— superintendent pub-
lic instruction member 165, 325

part of public school system— apportionment of funds.. 166, 326

powers of trustees 167, 327

qualifications for admission— examination 169, 328

open to residents of the state— other persons— fees 170, 329

officers of board— duties— bond 171, 330

diplomas— examination— graduation 172, 331

diploma license to teach— license annulled 332

diploma license to teach— license annulled a 332

registration of normal school diploma 1 332

no fee for diploma 333

no fee for registration d. 1 333

report of trustees— contents— verification 334

at Gunnison 335-336

State school fund —

see Funds.

State superintendent of public instruction —

see also Superintendent of public instruction.

State teachers' college of Colorado 323

State university —

regents of— terms IX 12

president of— ex-officio member of— duties IX 13

duties of board of regents IX 14

Student-
qualifications for admission to state normal school 328

sign statement to teach in public schools 329

460

INDEX

Study— Section

see Course of study 129

of alcoholic drinks and narcotics 1

course of, in state normal school 327

Suffrage —

see Election.

eligibility to offico VII 4

Suits—

to recover fines, penalties and forfeitures 177

State superintendent —

executive department consist of whom IV 1

when chosen IV 2

who eligible IV 4

vacancy how filled IV 8

ex-officio state librarian IV 20

president state board of education IX 1

take oath to support constitution XII &

oath filed with secretary of state XII 9

prepare test charts for physical examination 68

direct apportionment of general fund— when 120

publish flag act with school law 160

pay examination fees to state treasurer 175

apportion state normal institute fund 176

promote observance of Arbor Day 224

certify to state auditor number attending normal institute. 234

assist in fixing time and place holding institute 234

president state board of education 243

president state board of examiners 251

fix bond for secretary state normal school 330-

member board of trustees state normal school 331

member of examining board state normal school 331

may annul normal school diploma 331

regents of state university report to 371

when elected— term -JJ72-

oath and bond

office— duties— powers 374

furnish registers and blank books 375

approve bills for printing school lavs 375

certify to state treasurer for blank? 375

publish school laws 375-

supervision of county superintendent and public schools — 375

powers in regard to certificates 1-9 375

take no part in organizing district 10-11 375

special elections 12-13 375

no power to compel co. supts. to turn over records.. 14 375.

461

INDEX

State superintendent — Continued Section

biennial report— visits— expense 376

governor may require information of 376

apportionment of school fund 377

two apportionments 1 377

assistant librarian — salary 378

Suspension —

of pupils by school board 124

T

Tax-
see Special tax.

to pay principal of bonds— interest 22

amount of— fixed by electors in third-class districts 148

limit of levy for high school— collection— paid out 205

no increase beyond legal rate to provide for truant school. 353
Taxation —

what property exempt X . 5

corporation subject to tax X 10

government land not taxable a 22

Taxes —

special tax— commissioners levy to pay bonds 22

to pay bonds — commissioners levy 37

county treasurer certify amount collected and uncollected.102

county commissioners levy county school— basis— limit 379

tax levy becomes lien— when a 379

property located partly within district.... b 379

county school, paid in cash. 379

apportionment of two mill levy 1 379

duties of county commissioners in regard to levy... 2-3 379
commissioners no authority to change levies—

when certified 4 379

tax not voted — commissioners levy when 5 379

new levy in consolidation— when 6 379

warrants drawn— when 7-8 379

'county clerk must levy— officers failing— forfeitures 187, 380

school board certify amount needed to county commrs 301

twenty mill limit — duties assessors and treasurer 381

one-tenth of one mill for libraries 381

mandamus county commissioners when a 381

electors levy special tax b 381

property located partly within district c 381

certify special twenty mill limit 1-4 381

levy for libraries 5-6 381

special levy in first and second class districts 7 381

special taxes collected on range stock— when 8 381

462

INDEX

Taxes — Continued Section

cannot change school tax of resident. <t 381

new levy upon consolidation 10 381

when warrants drawn 11 381

levy not to be reconsidered 382

levy cannot be~changed 1-7 382

Teachers —

not required to participate in religious services IX 8

penalty for failure to comply with narcotic law 2

report physical condition of pupils 69

number employed stated in report of board— amount paid.. 116

school board determine number 124

board require to conform to law 124

employed and discharged by school board 124

examination of 149

pay examination fee 174

of kindergarten— have diplomas 233

examination of for state diploma 245-253

of adult blind 280

duties of adult blind teacher 281

must have license— expiration— proviso 383

dismissal of— for cause only 383

certificates— modern language— music— drawing : .383

contracts generally 7-21 383

no compensation without license 22-25 383

salary 26-45 383

employment of 45-50 383

special subjects required of 51-54 3S3

dismissal of 55-62 383

certificate, expiration of :. 63-65 383

authority over pupils 66 383

pupils, admittance to grade 07 383

janitor work not required of 68 38S

married women may teach 69 383

relatives of directors may teach 70-71 383

husband and wife teach in same school 72 383

teacher keep register— statistics— blanks 384

notify county superintendent of beginning and close of

term 384

reports— forfeiture of salary upon failure 1-4 384

jurisdiction of 5-11 384

duties of 12-13 384

special teacher 14 384

directors power over pupil and teacher 15 384

dismissal of 16 384

463

INDEX

Teachers — Continued Section

physician's certificate not required of 17 384

no appeal on unaccepted papers from another

county 18 384

Teachers' normal institutes —

see also Normal institutes 234

Teachers' retirement fund —

under control of directors 385

payable to whom 386

mode of securing fund 387

Term —

of office of county superintendent 88

of office of school directors and officers 110

of office of directors appointed first-class districts 123

of school fixed by school board 124

of office of directors in new district 132

of office of high school committee 196

of office of union high school committee 208

of school year of union high school 212

of office of trustees of state normal school 325

of office of superintendent public instruction 372

Territory —

annexed to or detached from district 133

Testimony —

taken upon appeal from directors 10

none taken upon appeal from county superintendent 11

Text books —

prohibition in regard to IX 16

when furnished free 124

school board designate kind— not change— exception 124

Tie-
vote at regular election 144

Time—

of holding institutes 234

Tobacco —

penalty selling to children under sixteen 4

Transcript —

of record upon appeal to county superintendent 8

of proceedings before county superintendent 11

Treasurer of school board —

of school district advertise— pay district bonds 22

purchase territorial bonds— premium 31

invest funds in United States bonds— record 31

collect interest coupons — turn over proceeds 32

464

INDEX

Treasurer of school board — Continued Section

failure to publish call for school warrants — misdemeanor. .108
give bond— publish statement of district funds in first-class

district Ill

countersign and keep account of warrants 121

take charge of moneys— pay same out 121

render statement— failure to perform duties 121

act as1 judge of election ..143

Truant —

defined 74

habitual to be brought before county court 356

committed to parental or truant school— appeal 357

expense of, how paid 358

Truant officer —

directors in first and second-class districts appoint 75-77

compensation — powers — duties — record 75-77

in third class districts 76

make complaint to county court 77

duties 77

report indigent parents or guardian 79

duty under parental or truant school act 356

Truant schools —

no religious test IX

parent of truant child fined— imprisoned 77

to be established when— where 352

building— site— location— no increase of levy 353

duty of board of education to furnish— of city where

established 353

powers and duties of officers— course of instruction-
teachers 35*

no religious instructions in— regulation 355

directors determine use of Bible in school 1-2 355

child committed to— by county court on petition 356

parent notified of proceedings to commit to 356

hearing— commitment— notice to parent 357

parent or guardian pay maintenance 358

board of education make rules for parole 359

discharge— re-commitment— monthly report 360

violation of parole— re-committed 361

incorrigible child committed to juvenile reformatory 362

established in cities over 25,000, under 100,000 363

Trustees —

of state normal school— number— powers 324

governor appoint — term of office — oath 325

superintendent of public instruction— member. .. ....325

465

INDEX

Trustees — Continued Section

appoint faculty — powers 326

prescribe qualifications of students 327

report of 334

elect president— bond of secretary 335

Tuition-
school board determine rate for non-residents 124

Union high school —

see also High school 207-219*

United States bond —
see Bonds.

University —

lands for support of — Rn. Act 10

regents— election IX 12

regents elect president— powers IX 13

regents control university IX 14

V
Vacancy —

in office of county superintendent— how filled 86

of school directors— how filled 95

of school directors1 Ill

in board of directors— absence may work 114

in boards of first-class districts 123

in judges of election— how filled 143

in high school committee— how filled 196

of union high school committee— how filled 208

Violation—

of compulsory education law — penalty 80

Visits—

of superintendent of public instruction 376

Vote—

of elector rejected— when 143

Voter-
privileged from arrest VII 5

see Electors.

upon issuance of bonds— challenge 18

two may give notice of annual election 142

W

Wages-
school board fix amount of and pay 124

466

INDEX

Warrants — Section

school fund disbursed on warrant co. supt IX 4

endorsed by county treasurer— listed— draw interest— paid.. 103

in excess of tax levy unlawful 103

co. treas. pay in order of registration— notice to present.. .106
failure of county treasurer to publish call for payment of.. 108
upon co. treas.— president sign— drawn to person indebted.. 114

secretary draw and countersign 115

secretary draw and countersign— keep register of 115

treasurer countersign and keep account of 121.

not drawn for payment of delinquent officer 122

. .rate of school interest— endorsed thereon 232

officer not deal in... ...235

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